Florida Senate - 2025 SB 1736
By Senator Grall
29-00687-25 20251736__
1 A bill to be entitled
2 An act relating to insulin administration by direct
3 support professionals and relatives; amending s.
4 393.063, F.S.; defining the term “direct-support
5 professional”; creating s. 393.504, F.S.; authorizing
6 direct-support professionals and relatives of clients
7 in group home facilities for individuals with
8 developmental disabilities to administer insulin as
9 prescribed to the client if specified conditions are
10 met; providing group home facilities, direct-support
11 professionals, and relatives of clients with immunity
12 from civil liability for damages and civil and
13 criminal penalties under certain circumstances;
14 amending s. 1002.394, F.S.; conforming a cross
15 reference; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Present subsections (13) through (46) of section
20 393.063, Florida Statutes, are redesignated as subsections (14)
21 through (47), respectively, and a new subsection (13) is added
22 to that section, to read:
23 393.063 Definitions.—For the purposes of this chapter, the
24 term:
25 (13) “Direct-support professional” means a person paid to
26 provide services directly to a client receiving home and
27 community-based services to address activities of daily living
28 or instrumental activities of daily living, behavioral supports,
29 employment supports, or other services to promote community
30 integration of the client.
31 Section 2. Section 393.504, Florida Statutes, is created to
32 read:
33 393.504 Administration of insulin.—
34 (1) Notwithstanding any other law, a direct-support
35 professional or a client’s relative may administer insulin to a
36 client residing in a group home facility if all of the following
37 conditions have been met:
38 (a) The group home facility has an established procedure to
39 provide training to the direct-support professional or relative
40 in the administration of insulin. The training must be provided
41 by a registered nurse, a licensed practical nurse, or an
42 advanced practice registered nurse licensed under chapter 464; a
43 physician licensed under chapter 458 or chapter 459; or a
44 physician assistant licensed under chapter 458 or chapter 459.
45 (b) The group home facility has adopted policies and
46 procedures governing the administration of insulin by direct
47 support professionals and relatives. The policies and procedures
48 must include, but need not be limited to, the following
49 provisions:
50 1. For clients requiring insulin, the group home facility
51 shall have on file the prescribed dosage of insulin required for
52 the client and proof of the direct-support professional’s or
53 relative’s training as required under paragraph (a).
54 2. The group home facility and the direct-support
55 professional or relative shall coordinate in advance before
56 insulin is administered to the client to avoid duplication in
57 administration.
58 3. The group home facility shall establish emergency
59 procedures related to the administration of insulin to clients.
60 4. The group home facility must certify any direct-support
61 professional or relative to administer insulin under this
62 section if he or she is in compliance with the requirements of
63 this section.
64 5. The group home facility must immediately notify a
65 direct-support professional or relative if he or she is not in
66 compliance with this section and immediately cease to allow them
67 to administer insulin.
68 (2) A group home facility that complies with this section
69 and its established policies and procedures is immune from civil
70 liability for damages arising out of the administration of
71 insulin by a direct-support professional or a client’s relative.
72 (3) A direct-support professional or relative administering
73 insulin to a client residing in a group home facility in
74 compliance with this section is immune from civil liability for
75 damages or civil or criminal penalties arising out of the
76 administration of insulin to the client.
77 Section 3. Paragraph (e) of subsection (2) of section
78 1002.394, Florida Statutes, is amended to read:
79 1002.394 The Family Empowerment Scholarship Program.—
80 (2) DEFINITIONS.—As used in this section, the term:
81 (e) “Disability” means, for a 3- or 4-year-old child or for
82 a student in kindergarten to grade 12, autism spectrum disorder,
83 as defined in the Diagnostic and Statistical Manual of Mental
84 Disorders, Fifth Edition, published by the American Psychiatric
85 Association; cerebral palsy, as defined in s. 393.063; Down
86 syndrome, as defined in s. 393.063; an intellectual disability,
87 as defined in s. 393.063; a speech impairment; a language
88 impairment; an orthopedic impairment; any other health
89 impairment; an emotional or a behavioral disability; a specific
90 learning disability, including, but not limited to, dyslexia,
91 dyscalculia, or developmental aphasia; Phelan-McDermid syndrome,
92 as defined in s. 393.063; Prader-Willi syndrome, as defined in
93 s. 393.063; spina bifida, as defined in s. 393.063; being a
94 high-risk child, as defined in s. 393.063(23)(a) s.
95 393.063(22)(a); muscular dystrophy; Williams syndrome; rare
96 diseases which affect patient populations of fewer than 200,000
97 individuals in the United States, as defined by the National
98 Organization for Rare Disorders; anaphylaxis; a hearing
99 impairment, including deafness; a visual impairment, including
100 blindness; traumatic brain injury; hospital or homebound; or
101 identification as dual sensory impaired, as defined by rules of
102 the State Board of Education and evidenced by reports from local
103 school districts. The term “hospital or homebound” includes a
104 student who has a medically diagnosed physical or psychiatric
105 condition or illness, as defined by the state board in rule, and
106 who is confined to the home or hospital for more than 6 months.
107 Section 4. This act shall take effect July 1, 2025.