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.