Florida Senate - 2025 CS for CS for SB 1736
By the Appropriations Committee on Health and Human Services;
the Committee on Children, Families, and Elder Affairs; and
Senators Grall, Sharief, and Bradley
603-03461-25 20251736c2
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 providing that the administration of insulin includes
15 sliding scale insulin therapy; amending s. 393.506,
16 F.S.; authorizing unlicensed direct service providers
17 who meet certain requirements to administer and
18 supervise the self-administration of insulin and
19 epinephrine by certain methods; amending s. 1002.394,
20 F.S.; conforming a cross-reference; providing an
21 effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Present subsections (13) through (46) of section
26 393.063, Florida Statutes, are redesignated as subsections (14)
27 through (47), respectively, and a new subsection (13) is added
28 to that section, to read:
29 393.063 Definitions.—For the purposes of this chapter, the
30 term:
31 (13) “Direct-support professional” means a person paid to
32 provide services directly to a client receiving home and
33 community-based services to address activities of daily living
34 or instrumental activities of daily living, behavioral supports,
35 employment supports, or other services to promote community
36 integration of the client.
37 Section 2. Section 393.504, Florida Statutes, is created to
38 read:
39 393.504 Administration of insulin.—
40 (1) Notwithstanding any other law, a direct-support
41 professional or a client’s relative may administer insulin to a
42 client residing in a group home facility if all of the following
43 conditions have been met:
44 (a) The group home facility has an established procedure to
45 provide training to the direct-support professional or relative
46 in the administration of insulin. The training must be provided
47 by a registered nurse, a licensed practical nurse, or an
48 advanced practice registered nurse licensed under chapter 464; a
49 physician licensed under chapter 458 or chapter 459; or a
50 physician assistant licensed under chapter 458 or chapter 459.
51 (b) The group home facility has adopted policies and
52 procedures governing the administration of insulin by direct
53 support professionals and relatives. The policies and procedures
54 must include, but need not be limited to, the following
55 provisions:
56 1. For clients requiring insulin, the group home facility
57 shall have on file the prescribed dosage of insulin required for
58 the client and proof of the direct-support professional’s or
59 relative’s training as required under paragraph (a).
60 2. The group home facility and the direct-support
61 professional or relative shall coordinate in advance before
62 insulin is administered to the client to avoid duplication in
63 administration.
64 3. The group home facility shall establish emergency
65 procedures related to the administration of insulin to clients.
66 4. The group home facility must certify any direct-support
67 professional or relative to administer insulin under this
68 section if he or she is in compliance with the requirements of
69 this section.
70 5. The group home facility must immediately notify a
71 direct-support professional or relative if he or she is not in
72 compliance with this section and immediately cease to allow them
73 to administer insulin.
74 (2) A group home facility that complies with this section
75 and its established policies and procedures is immune from civil
76 liability for damages arising out of the administration of
77 insulin by a direct-support professional or a client’s relative.
78 (3) A direct-support professional or relative administering
79 insulin to a client residing in a group home facility in
80 compliance with this section is immune from civil liability for
81 damages or civil or criminal penalties arising out of the
82 administration of insulin to the client.
83 (4) For the purposes of this section, the administration of
84 insulin includes sliding scale insulin therapy, to include the
85 calculation of an insulin dose based on current blood glucose
86 and the administration of that calculated dose subcutaneously
87 using an insulin pen containing premeasured doses or a syringe
88 filled with the calculated dose drawn from a vial of insulin.
89 Section 3. Subsection (1) of section 393.506, Florida
90 Statutes, is amended to read:
91 393.506 Administration of medication.—
92 (1) An unlicensed direct service provider may supervise the
93 self-administration of medication or may administer oral,
94 transdermal, ophthalmic, otic, rectal, inhaled, enteral, or
95 topical prescription medications to a client if the unlicensed
96 direct service provider meets the requirements of this section.
97 This includes, but is not limited to, the subcutaneous
98 administration of insulin and epinephrine through an insulin
99 pen, epinephrine pen, or similar device designed for self
100 administration.
101 Section 4. Paragraph (e) of subsection (2) of section
102 1002.394, Florida Statutes, is amended to read:
103 1002.394 The Family Empowerment Scholarship Program.—
104 (2) DEFINITIONS.—As used in this section, the term:
105 (e) “Disability” means, for a 3- or 4-year-old child or for
106 a student in kindergarten to grade 12, autism spectrum disorder,
107 as defined in the Diagnostic and Statistical Manual of Mental
108 Disorders, Fifth Edition, published by the American Psychiatric
109 Association; cerebral palsy, as defined in s. 393.063; Down
110 syndrome, as defined in s. 393.063; an intellectual disability,
111 as defined in s. 393.063; a speech impairment; a language
112 impairment; an orthopedic impairment; any other health
113 impairment; an emotional or a behavioral disability; a specific
114 learning disability, including, but not limited to, dyslexia,
115 dyscalculia, or developmental aphasia; Phelan-McDermid syndrome,
116 as defined in s. 393.063; Prader-Willi syndrome, as defined in
117 s. 393.063; spina bifida, as defined in s. 393.063; being a
118 high-risk child, as defined in s. 393.063(23)(a) s.
119 393.063(22)(a); muscular dystrophy; Williams syndrome; rare
120 diseases which affect patient populations of fewer than 200,000
121 individuals in the United States, as defined by the National
122 Organization for Rare Disorders; anaphylaxis; a hearing
123 impairment, including deafness; a visual impairment, including
124 blindness; traumatic brain injury; hospital or homebound; or
125 identification as dual sensory impaired, as defined by rules of
126 the State Board of Education and evidenced by reports from local
127 school districts. The term “hospital or homebound” includes a
128 student who has a medically diagnosed physical or psychiatric
129 condition or illness, as defined by the state board in rule, and
130 who is confined to the home or hospital for more than 6 months.
131 Section 5. This act shall take effect July 1, 2025.