Florida Senate - 2024 CS for CS for SB 962
By the Committees on Rules; and Health Policy; and Senator
Hooper
595-03343-24 2024962c2
1 A bill to be entitled
2 An act relating to student health; amending s.
3 1002.20, F.S.; defining terms; revising a provision to
4 authorize asthmatic students to carry a short-acting
5 bronchodilator, rather than a metered dose inhaler;
6 authorizing authorized health care practitioners to
7 prescribe short-acting bronchodilators and components
8 in the name of a public school; authorizing licensed
9 pharmacists to dispense short-acting bronchodilators
10 and components in the name of a public school;
11 authorizing a public school to acquire and stock
12 short-acting bronchodilators and components from
13 wholesale distributors; authorizing a public school to
14 enter into certain arrangements with a wholesale
15 distributor or manufacturer; requiring a public school
16 that obtains short-acting bronchodilators and
17 components to maintain them in a secure location on
18 school premises; requiring certain public schools to
19 adopt a protocol developed by a licensed physician for
20 the administration of a short-acting bronchodilator
21 and components by school personnel; providing
22 requirements for the protocol; providing that a public
23 school’s short-acting bronchodilators and components
24 may be provided to and used by trained school
25 personnel or students authorized to self-administer a
26 short-acting bronchodilator and components;
27 authorizing school districts to accept short-acting
28 bronchodilators and components as a donation or
29 transfer if the bronchodilators and components meet
30 specified requirements; providing requirements for a
31 school nurse or trained school personnel to administer
32 a short-acting bronchodilator to a student; requiring
33 school districts or public schools to provide written
34 notice of the adopted protocol to each parent or
35 guardian; requiring public schools to receive a parent
36 or guardian’s prior permission to administer a short
37 acting bronchodilator to a student; providing for
38 immunity from liability for specified individuals
39 under certain conditions; amending s. 1002.42, F.S.;
40 defining terms; authorizing certain students to carry
41 a short-acting bronchodilator at school under certain
42 conditions; authorizing authorized health care
43 practitioners to prescribe short-acting
44 bronchodilators and components in the name of a
45 private school; authorizing licensed pharmacists to
46 dispense short-acting bronchodilators and components
47 in the name of a private school; authorizing private
48 schools to acquire and stock short-acting
49 bronchodilators and components from wholesale
50 distributors; authorizing private schools to enter
51 into certain arrangements with a wholesale distributor
52 or manufacturer; requiring private schools that obtain
53 short-acting bronchodilators and components to
54 maintain them in a secure location on school premises;
55 requiring such private schools to adopt a protocol
56 developed by a licensed physician for the
57 administration of a short-acting bronchodilator by
58 school personnel; providing requirements for the
59 protocol; providing that a private school’s
60 bronchodilators may be provided to and used by trained
61 school personnel and by students authorized to self
62 administer short-acting bronchodilators; authorizing
63 private schools to accept short-acting bronchodilators
64 and components as a donation or transfer if the
65 bronchodilators and components meet specified
66 requirements; providing requirements for a school
67 nurse or trained school personnel to administer a
68 short-acting bronchodilator and components to a
69 student; requiring private schools to provide written
70 notice of the adopted protocol to each parent or
71 guardian; requiring private schools to receive a
72 parent or guardian’s prior permission to administer a
73 short-acting bronchodilator and components to a
74 student; providing for immunity from liability for
75 specified individuals under certain conditions;
76 providing an effective date.
77
78 Be It Enacted by the Legislature of the State of Florida:
79
80 Section 1. Paragraph (h) of subsection (3) of section
81 1002.20, Florida Statutes, is amended to read:
82 1002.20 K-12 student and parent rights.—Parents of public
83 school students must receive accurate and timely information
84 regarding their child’s academic progress and must be informed
85 of ways they can help their child to succeed in school. K-12
86 students and their parents are afforded numerous statutory
87 rights including, but not limited to, the following:
88 (3) HEALTH ISSUES.—
89 (h) Short-acting bronchodilator Inhaler use.—
90 1. As used in this paragraph, the term:
91 a. “Administer” means to give or directly apply a short
92 acting bronchodilator or components to a student.
93 b. “Asthma” means a chronic lung disease that inflames and
94 narrows the airways, which can manifest as wheezing, chest
95 tightness, shortness of breath, and coughing.
96 c. “Authorized health care practitioner” means a physician
97 licensed under chapter 458 or chapter 459, a physician assistant
98 licensed under chapter 458 or chapter 459, or an advanced
99 practice registered nurse licensed under chapter 464.
100 d. “Components” means devices used as part of clinically
101 recommended use of short-acting bronchodilators, which may
102 include spacers, valved holding chambers, or nebulizers.
103 e. “Respiratory distress” refers to an individual
104 experiencing difficulty breathing, which can be caused by a
105 multitude of medical factors, including chronic diseases such as
106 asthma.
107 f. “Short-acting bronchodilator” means a beta-2 agonist,
108 such as albuterol, used for the quick relief of asthma symptoms
109 and recommended by the National Heart, Lung, and Blood
110 Institute’s National Asthma Education and Prevention Program
111 Guidelines for the Treatment of Asthma. These bronchodilators
112 may include an orally inhaled medication that contains a
113 premeasured single dose of albuterol or albuterol sulfate
114 delivered by a nebulizer or compressor device or by a pressured
115 metered-dose inhaler used to treat respiratory distress,
116 including, but not limited to, wheezing, shortness of breath,
117 and difficulty breathing, or another dosage of a short-acting
118 bronchodilator recommended in the Guidelines for the Treatment
119 of Asthma.
120 2. Asthmatic students whose parent and physician provide
121 their approval to the school principal may carry a short-acting
122 bronchodilator and components metered dose inhaler on their
123 person while in school. The school principal shall be provided a
124 copy of the parent’s and physician’s approval.
125 3. An authorized health care practitioner may prescribe
126 short-acting bronchodilators and components in the name of a
127 public school for use in accordance with this section and a
128 licensed pharmacist may dispense short-acting bronchodilators
129 and components pursuant to a prescription issued in the name of
130 a public school for use in accordance with this section.
131 4. A public school may acquire and stock a supply of short
132 acting bronchodilators and components from a wholesale
133 distributor as defined in s. 499.003 or may enter into an
134 arrangement with a wholesale distributor or manufacturer as
135 defined in s. 499.003 for short-acting bronchodilators and
136 components at fair-market, free, or reduced prices pursuant to a
137 prescription issued in accordance with this section. The short
138 acting bronchodilators and components must be maintained in a
139 secure location on a school’s premises.
140 5. A participating public school must adopt a protocol
141 developed by a physician licensed under chapter 458 or chapter
142 459 for the administration of short-acting bronchodilators or
143 components by school personnel who are trained to recognize
144 symptoms of respiratory distress and to administer a short
145 acting bronchodilator or components. The school district and the
146 protocol must provide guidance for administering short-acting
147 bronchodilators in instances of respiratory distress for a
148 student with a known diagnosis of asthma and if approved by the
149 school district for students with no known diagnosis of asthma.
150 6. The supply of short-acting bronchodilators and
151 components may be provided to and used by a trained school
152 personnel member or a student authorized to self-administer a
153 short-acting bronchodilator and components.
154 7. A public school may accept short-acting bronchodilators
155 and components as a donation or transfer if they are new,
156 unexpired, manufacturer-sealed, not subject to recall,
157 unadulterated, and in compliance with relevant regulations
158 adopted by the United States Food and Drug Administration.
159 8. A school nurse or trained school personnel shall only
160 administer short-acting bronchodilators and components to
161 students if they have successfully completed training and
162 believe in good faith that the student is experiencing
163 respiratory distress, regardless of whether the student has a
164 prescription for a short-acting bronchodilator and components or
165 has previously been diagnosed with asthma.
166 9. The school district or school shall provide written
167 notice to the parent of each student enrolled in the school
168 district or school of the school’s adopted protocol. The public
169 school must receive prior permission from the parent or guardian
170 to administer a short-acting bronchodilator or components to a
171 student.
172 10. Notwithstanding any other provision of law to the
173 contrary, a school nurse or school personnel of a school
174 district trained in the administration of short-acting
175 bronchodilators who administers or attempts to administer a
176 short-acting bronchodilator in compliance with this section and
177 s. 768.13, and the school district that employs the school nurse
178 or the trained school personnel, are immune from civil or
179 criminal liability as a result of such administration or
180 attempted administration of a short-acting bronchodilator.
181 11.a. An authorized health care practitioner, acting in
182 good faith and exercising reasonable care, is not subject to
183 discipline or other adverse action under any professional
184 licensure statute or rule and is immune from any civil or
185 criminal liability as a result of prescribing a short-acting
186 bronchodilator in accordance with this section.
187 b. A dispensing health care practitioner or pharmacist,
188 acting in good faith and exercising reasonable care, is not
189 subject to discipline or other adverse action under any
190 professional licensure statute or rule and is immune from any
191 civil or criminal liability as a result of dispensing a short
192 acting bronchodilator in accordance with this section.
193 Section 2. Present subsection (18) of section 1002.42,
194 Florida Statutes, is redesignated as subsection (19), and a new
195 subsection (18) is added to that section, to read:
196 1002.42 Private schools.—
197 (18) SHORT-ACTING BRONCHODILATOR USE.—
198 (a) As used in this paragraph, the term:
199 1. “Administer” means to give or directly apply a short
200 acting bronchodilator or components to a student.
201 2. “Asthma” means a chronic lung disease that inflames and
202 narrows the airways, which can manifest as wheezing, chest
203 tightness, shortness of breath, and coughing.
204 3. “Authorized health care practitioner” means a physician
205 licensed under chapter 458 or chapter 459, a physician assistant
206 licensed under chapter 458 or chapter 459, or an advanced
207 practice registered nurse licensed under chapter 464.
208 4. “Components” means devices used as part of clinically
209 recommended use of short-acting bronchodilators, which may
210 include spacers, valved holding chambers, or nebulizers.
211 5. “Respiratory distress” refers to an individual
212 experiencing difficulty breathing, which can be caused by a
213 multitude of medical factors, including chronic diseases such as
214 asthma.
215 6. “Short-acting bronchodilator” means a beta-2 agonist,
216 such as albuterol, used for the quick relief of asthma symptoms
217 and recommended by the National Heart, Lung, and Blood
218 Institute’s National Asthma Education and Prevention Program
219 Guidelines for the Treatment of Asthma. These bronchodilators
220 may include an orally inhaled medication that contains a
221 premeasured single dose of albuterol or albuterol sulfate
222 delivered by a nebulizer or compressor device or by a pressured
223 metered-dose inhaler used to treat respiratory distress,
224 including, but not limited to, wheezing, shortness of breath,
225 and difficulty breathing, or another dosage of a short-acting
226 bronchodilator recommended in the Guidelines for the Treatment
227 of Asthma.
228 (b) Asthmatic students whose parent and physician provide
229 their approval to the school principal may carry a short-acting
230 bronchodilator and components on their person while in school.
231 The school principal shall be provided a copy of the parent’s
232 and physician’s approval.
233 (c) An authorized health care practitioner may prescribe
234 short-acting bronchodilators and components in the name of a
235 private school for use in accordance with this section, and a
236 licensed pharmacist may dispense short-acting bronchodilators
237 and components pursuant to a prescription issued in the name of
238 a private school for use in accordance with this section.
239 (d) A private school may acquire and stock a supply of
240 short-acting bronchodilators and components from a wholesale
241 distributor as defined in s. 499.003 or may enter into an
242 arrangement with a wholesale distributor or manufacturer as
243 defined in s. 499.003 for short-acting bronchodilators and
244 components at fair-market, free, or reduced prices pursuant to a
245 prescription issued in accordance with this section. The short
246 acting bronchodilators and components must be maintained in a
247 secure location on the school premises.
248 (e) A participating private school must adopt a protocol
249 developed by a physician licensed under chapter 458 or chapter
250 459 for the administration of short-acting bronchodilators or
251 components by school personnel who are trained to recognize
252 symptoms of respiratory distress and to administer a short
253 acting bronchodilator or components. The protocol must provide
254 guidance for administering short-acting bronchodilators in
255 instances of respiratory distress for a student with a known
256 diagnosis of asthma and if approved by the private school for
257 students with no known diagnosis of asthma.
258 (f) The supply of short-acting bronchodilators and
259 components may be provided to and used by a trained school
260 personnel member or a student authorized to self-administer a
261 short-acting bronchodilator and components.
262 (e) A private school may accept short-acting
263 bronchodilators and components as a donation or transfer if they
264 are new, unexpired, manufacturer-sealed, not subject to recall,
265 unadulterated, and in compliance with relevant regulations
266 adopted by the United States Food and Drug Administration.
267 (f) A school nurse or trained school personnel shall only
268 administer short-acting bronchodilators and components to
269 students if they have successfully completed training and
270 believe in good faith that the student is experiencing
271 respiratory distress, regardless of whether the student has a
272 prescription for a short-acting bronchodilator and components or
273 has previously been diagnosed with asthma.
274 (g) The private school shall provide written notice to the
275 parent of each student enrolled in the private school of the
276 school’s adopted protocol. The private school must receive prior
277 permission from the parent or guardian to administer a short
278 acting bronchodilator or components to a student.
279 (h) Notwithstanding any other provision of law to the
280 contrary, a school nurse or school personnel of a private school
281 trained in the administration of short-acting bronchodilators
282 who administers or attempts to administer a short-acting
283 bronchodilator in compliance with this section and s. 768.13,
284 and the private school that employs the school nurse or the
285 trained school personnel, are immune from civil or criminal
286 liability as a result of such administration or attempted
287 administration of a short-acting bronchodilator.
288 (i)1. An authorized health care practitioner, acting in
289 good faith and exercising reasonable care, is not subject to
290 discipline or other adverse action under any professional
291 licensure statute or rule and is immune from any civil or
292 criminal liability as a result of prescribing a short-acting
293 bronchodilator in accordance with this section.
294 2. A dispensing health care practitioner or pharmacist,
295 acting in good faith and exercising reasonable care, is not
296 subject to discipline or other adverse action under any
297 professional licensure statute or rule and is immune from any
298 civil or criminal liability as a result of dispensing a short
299 acting bronchodilator in accordance with this section.
300 Section 3. This act shall take effect July 1, 2024.