Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 772
       
       
       
       
       
       
                                Ì743186=Î743186                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  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 33 - 107
    4  and insert:
    5         (j) Diabetes management.—
    6         1. As used in this paragraph, the term:
    7         a. “Authorized health care practitioner” means a physician
    8  licensed under chapter 458 or chapter 459, a physician assistant
    9  licensed under chapter 458 or chapter 459, or an advanced
   10  practice registered nurse licensed under chapter 464.
   11         b. “Participating school” means a public school which
   12  maintains a supply of undesignated glucagon pursuant to this
   13  paragraph.
   14         c. “Undesignated glucagon” means a glucagon rescue therapy
   15  approved by the United States Food and Drug Administration that
   16  does not require reconstitution for the treatment of severe
   17  hypoglycemia in a dosage form that can be rapidly administered
   18  to the patient in an emergency, including prefilled injectable
   19  or nasally administered glucagon, and is prescribed in the name
   20  of a public school or school district pursuant to this
   21  paragraph.
   22         2. A school district may not restrict the assignment of a
   23  student who has diabetes to a particular school on the basis
   24  that the student has diabetes, that the school does not have a
   25  full-time school nurse, or that the school does not have trained
   26  diabetes personnel. Diabetic students whose parent and physician
   27  provide their written authorization to the school principal may
   28  carry diabetic supplies and equipment on their person and attend
   29  to the management and care of their diabetes while in school,
   30  participating in school-sponsored activities, or in transit to
   31  or from school or school-sponsored activities to the extent
   32  authorized by the parent and physician and within the parameters
   33  set forth by State Board of Education rule. The written
   34  authorization shall identify the diabetic supplies and equipment
   35  that the student is authorized to carry and shall describe the
   36  activities the child is capable of performing without
   37  assistance, such as performing blood-glucose level checks and
   38  urine ketone testing, administering insulin through the insulin
   39  delivery system used by the student, and treating hypoglycemia
   40  and hyperglycemia.
   41         a. The State Board of Education, in cooperation with the
   42  Department of Health, shall adopt rules to encourage every
   43  school in which a student with diabetes is enrolled to have
   44  personnel trained in routine and emergency diabetes care. The
   45  State Board of Education, in cooperation with the Department of
   46  Health, shall also adopt rules for the management and care of
   47  diabetes by students in schools that include provisions to
   48  protect the safety of all students from the misuse or abuse of
   49  diabetic supplies or equipment.
   50         b. A school district, county health department, and public
   51  private partner, and the employees and volunteers of those
   52  entities, shall be indemnified by the parent of a student
   53  authorized to carry diabetic supplies or equipment for any and
   54  all liability with respect to the student’s use of such supplies
   55  and equipment pursuant to this paragraph.
   56         3. A school district or public school may acquire and
   57  maintain a supply of undesignated glucagon for the purpose of
   58  treating a student with diabetes experiencing a hypoglycemic
   59  emergency. Undesignated glucagon must be stored in a secure
   60  location on the school’s premises that is immediately accessible
   61  to a school nurse or other school personnel trained to
   62  administer glucagon pursuant to this paragraph. Undesignated
   63  glucagon must be stored in accordance with the manufacturer’s
   64  instructions.
   65         a. A school district or public school may acquire and stock
   66  a supply of glucagon from a wholesale distributor as defined in
   67  s. 499.003 or may enter into an arrangement with a wholesale
   68  distributor or manufacturer as defined in s. 499.003 for
   69  glucagon at fair market, free, or reduced prices pursuant to a
   70  prescription issued in accordance with this section.
   71         b. A school district or public school may accept donated or
   72  transferred glucagon if it is new, unexpired, manufacturer
   73  sealed, not subject to recall, unadulterated, and in compliance
   74  with relevant regulations adopted by the United States Food and
   75  Drug Administration. A school district or public school may also
   76  obtain monetary donations or apply for grants to purchase
   77  glucagon.
   78         c. A school district or public school may request a
   79  prescription for glucagon from a county health department.
   80         4. An authorized health care practitioner may prescribe
   81  glucagon in the name of a school district or public school for
   82  use in accordance with this section, and a licensed pharmacist
   83  may dispense glucagon pursuant to a prescription issued in the
   84  name of a school district or public school for use in accordance
   85  with this paragraph.
   86         5. A participating school shall make available undesignated
   87  glucagon that is able to be administered as ordered in a
   88  student’s diabetes medical management plan or health care
   89  practitioner’s orders.
   90         6. A school nurse or trained school personnel shall
   91  administer glucagon to students only if such school nurse or
   92  trained school personnel has successfully completed training and
   93  believe in good faith that the student is experiencing a
   94  hypoglycemic emergency.
   95         7. Immediately after undesignated glucagon has been
   96  administered to a student, an employee of the public school
   97  shall call for emergency assistance, notify the school nurse,
   98  and notify the student’s parent or guardian or emergency
   99  contact.
  100         8. The State Board of Education, in cooperation with the
  101  Department of Health, shall adopt rules to implement the
  102  provisions of this paragraph.
  103         9. Notwithstanding any other provision of law to the
  104  contrary, a school nurse or school personnel of a school
  105  district trained in the administration of glucagon who
  106  administers or attempts to administer glucagon in compliance
  107  with this section and s. 768.13 and the school district that
  108  employs the school nurse or the trained school personnel are
  109  immune from civil or criminal liability as a result of such
  110  administration or attempted administration of glucagon.
  111         10.a. An authorized health care practitioner, acting in
  112  good faith and exercising reasonable care, is not subject to
  113  discipline or other adverse action under any professional
  114  licensure statute or rule and is immune from any civil or
  115  criminal liability as a result of prescribing glucagon in
  116  accordance with this section.
  117         b. A dispensing health care practitioner or pharmacist,
  118  acting in good faith and exercising reasonable care, is not
  119  subject to discipline or other adverse action under any
  120  professional licensure statute or rule and is immune from any
  121  civil or criminal liability as a result of dispensing glucagon
  122  in accordance with this section.
  123  
  124  ================= T I T L E  A M E N D M E N T ================
  125  And the title is amended as follows:
  126         Delete lines 3 - 20
  127  and insert:
  128         amending s. 1002.20, F.S.; defining terms; authorizing
  129         a school district or public school to acquire and
  130         maintain a supply of undesignated glucagon; requiring
  131         that undesignated glucagon be stored in a secure
  132         location that is immediately accessible; authorizing a
  133         school district or public school to enter into
  134         arrangements with a manufacturer or supplier to obtain
  135         glucagon free of charge or at a fair market or reduced
  136         price; authorizing a school district or public school
  137         to accept donated or transferred glucagon that meets
  138         certain requirements; authorizing a school district or
  139         public school to obtain monetary donations or apply
  140         for grants to purchase glucagon; authorizing a school
  141         district or public school to request a prescription
  142         for glucagon from a county health department;
  143         authorizing a licensed health care practitioner to
  144         prescribe glucagon in the name of a school district or
  145         public school; authorizing a licensed pharmacist to
  146         dispense glucagon pursuant to such prescription;
  147         requiring a participating school to make available
  148         undesignated glucagon to be administered as ordered in
  149         a student’s diabetes medical management plan or health
  150         care practitioner’s orders; requiring an employee to
  151         call for emergency assistance and provide parental
  152         notification after the administration of glucagon;
  153         requiring the State Board of Education to adopt rules;
  154         providing certain persons and entities with immunity
  155         from civil and criminal liability under certain
  156         circumstances; providing an effective date.