Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 772
       
       
       
       
       
       
                                Ì150338+Î150338                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/17/2025           .                                
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       The Committee on Education Pre-K - 12 (Calatayud) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 66 - 107
    4  and insert:
    5         1. As used in this paragraph, the term:
    6         a. “Authorized health care practitioner” means a physician
    7  licensed under chapter 458 or chapter 459, a physician assistant
    8  licensed under chapter 458 or chapter 459, or an advanced
    9  practice registered nurse licensed under chapter 464.
   10         b. “Participating school” means a public school which
   11  maintains a supply of undesignated glucagon pursuant to this
   12  paragraph.
   13         c. “Undesignated glucagon” means a glucagon rescue therapy
   14  approved by the United States Food and Drug Administration that
   15  does not require reconstitution for the treatment of severe
   16  hypoglycemia in a dosage form that can be rapidly administered
   17  to the patient in an emergency, including prefilled injectable
   18  or nasally administered glucagon, and is prescribed in the name
   19  of a public school or school district pursuant to this
   20  paragraph.
   21         2. A school district may not restrict the assignment of a
   22  student who has diabetes to a particular school on the basis
   23  that the student has diabetes, that the school does not have a
   24  full-time school nurse, or that the school does not have trained
   25  diabetes personnel. Diabetic students whose parent and physician
   26  provide their written authorization to the school principal may
   27  carry diabetic supplies and equipment on their person and attend
   28  to the management and care of their diabetes while in school,
   29  participating in school-sponsored activities, or in transit to
   30  or from school or school-sponsored activities to the extent
   31  authorized by the parent and physician and within the parameters
   32  set forth by State Board of Education rule. The written
   33  authorization must identify the diabetic supplies and equipment
   34  that the student is authorized to carry and must describe the
   35  activities the child is capable of performing without
   36  assistance, such as performing blood-glucose level checks and
   37  urine ketone testing, administering insulin through the insulin
   38  delivery system used by the student, and treating hypoglycemia
   39  and hyperglycemia.
   40         a. The State Board of Education, in cooperation with the
   41  Department of Health, shall adopt rules to encourage every
   42  school in which a student with diabetes is enrolled to have
   43  personnel trained in routine and emergency diabetes care. The
   44  State Board of Education, in cooperation with the Department of
   45  Health, shall also adopt rules for the management and care of
   46  diabetes by students in schools that include provisions to
   47  protect the safety of all students from the misuse or abuse of
   48  diabetic supplies or equipment.
   49         b. A school district, county health department, and public
   50  private partner, and the employees and volunteers of those
   51  entities, shall be indemnified by the parent of a student
   52  authorized to carry diabetic supplies or equipment for any
   53  liability with respect to the student’s use of such supplies and
   54  equipment pursuant to this paragraph.
   55         3. A school district or public school may acquire and
   56  maintain a supply of undesignated glucagon for the purpose of
   57  treating a student with diabetes experiencing a hypoglycemic
   58  emergency. Undesignated glucagon must be stored in a secure
   59  location on the school’s premises that is immediately accessible
   60  to a school nurse or other school personnel trained to
   61  administer glucagon pursuant to this paragraph. Undesignated
   62  glucagon must be stored in accordance with the manufacturer’s
   63  instructions.
   64         a. A school district or public school may acquire and stock
   65  a supply of glucagon from a wholesale distributor as defined in
   66  s. 499.003 or may enter into an arrangement with a wholesale
   67  distributor or manufacturer as defined in s. 499.003 for
   68  glucagon at fair market, free, or reduced prices pursuant to a
   69  prescription issued in accordance with this section.
   70         b. A school district or public school may accept donated or
   71  transferred glucagon if it is new, unexpired, manufacturer
   72  sealed, not subject to recall, unadulterated, and in compliance
   73  with relevant regulations adopted by the United States Food and
   74  Drug Administration. A school district or public school may also
   75  obtain monetary donations or apply for grants to purchase
   76  glucagon.
   77         c. A school district or public school may request a
   78  prescription for glucagon from a county health department.
   79         4. An authorized health care practitioner may prescribe
   80  glucagon in the name of a school district or public school for
   81  use in accordance with this section, and a licensed pharmacist
   82  may dispense glucagon pursuant to a prescription issued in the
   83  name of a school district or public school for use in accordance
   84  with this paragraph.
   85         5. A participating school shall make available undesignated
   86  glucagon that is able to be administered as ordered in a
   87  student’s diabetes medical management plan or health care
   88  practitioner’s orders.
   89         6. A school nurse or trained school personnel shall
   90  administer glucagon to students only if such school nurse or
   91  trained school personnel has successfully completed training and
   92  believe in good faith that the student is experiencing a
   93  hypoglycemic emergency.
   94         7. Immediately after undesignated glucagon has been
   95  administered to a student, an employee of the public school
   96  shall call for emergency assistance, notify the school nurse,
   97  and notify the student’s parent or guardian or emergency
   98  contact.
   99         8. The State Board of Education, in cooperation with the
  100  Department of Health, shall adopt rules to implement the
  101  provisions of this paragraph.
  102         9. Notwithstanding any other provision of law to the
  103  contrary, a school nurse or school personnel of a school
  104  district trained in the administration of glucagon who
  105  administers or attempts to administer glucagon in compliance
  106  with this section and s. 768.13 and the school district that
  107  employs the school nurse or the trained school personnel are
  108  immune from civil or criminal liability as a result of such
  109  administration or attempted administration of glucagon.
  110         10.a. An authorized health care practitioner, acting in
  111  good faith and exercising reasonable care, is not subject to
  112  discipline or other adverse action under any professional
  113  licensure statute or rule and is immune from any civil or
  114  criminal liability as a result of prescribing glucagon in
  115  accordance with this section.
  116         b. A dispensing health care practitioner or pharmacist,
  117  acting in good faith and exercising reasonable care, is not
  118  subject to discipline or other adverse action under any
  119  professional licensure statute or rule and is immune from any
  120  civil or criminal liability as a result of dispensing glucagon
  121  in accordance with this section.
  122  
  123  ================= T I T L E  A M E N D M E N T ================
  124  And the title is amended as follows:
  125         Delete lines 3 - 20
  126  and insert:
  127         amending s. 1002.20, F.S.; defining terms; prohibiting
  128         a school district from restricting the assignment of a
  129         student to a particular school for specified reasons;
  130         authorizing diabetic students to carry diabetic
  131         supplies with certain written authorization; providing
  132         requirements for the written authorization; requiring
  133         the State Board of Education, in cooperation with the
  134         Department of Health, to adopt rules; providing
  135         indemnity for specified entities for all liability
  136         related to a student’s use of diabetic supplies;
  137         authorizing a school district or public school to
  138         acquire and maintain a supply of undesignated
  139         glucagon; requiring that undesignated glucagon be
  140         stored in a secure location that is immediately
  141         accessible; authorizing a school district or public
  142         school to enter into arrangements with a manufacturer
  143         or supplier to obtain glucagon free of charge or at a
  144         fair market or reduced price; authorizing a school
  145         district or public school to accept donated or
  146         transferred glucagon that meets certain requirements;
  147         authorizing a school district or public school to
  148         obtain monetary donations or apply for grants to
  149         purchase glucagon; authorizing a school district or
  150         public school to request a prescription for glucagon
  151         from a county health department; authorizing a
  152         licensed health care practitioner to prescribe
  153         glucagon in the name of a school district or public
  154         school; authorizing a licensed pharmacist to dispense
  155         glucagon pursuant to such prescription; requiring a
  156         participating school to make available undesignated
  157         glucagon to be administered as ordered in a student’s
  158         diabetes medical management plan or health care
  159         practitioner’s orders; requiring an employee to call
  160         for emergency assistance and provide parental
  161         notification after the administration of glucagon;
  162         requiring the State Board of Education to adopt rules;
  163         providing certain persons and entities with immunity
  164         from civil and criminal liability under certain
  165         circumstances; providing an effective date.