Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 772
       
       
       
       
       
       
                                Ì940350rÎ940350                         
       
                              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 everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (j) of subsection (3) of section
    6  1002.20, Florida Statutes, is amended to read:
    7         1002.20 K-12 student and parent rights.—Parents of public
    8  school students must receive accurate and timely information
    9  regarding their child’s academic progress and must be informed
   10  of ways they can help their child to succeed in school. K-12
   11  students and their parents are afforded numerous statutory
   12  rights including, but not limited to, the following:
   13         (3) HEALTH ISSUES.—
   14         (j) Diabetes management.—A school district may not restrict
   15  the assignment of a student who has diabetes to a particular
   16  school on the basis that the student has diabetes, that the
   17  school does not have a full-time school nurse, or that the
   18  school does not have trained diabetes personnel. Diabetic
   19  students whose parent and physician provide their written
   20  authorization to the school principal may carry diabetic
   21  supplies and equipment on their person and attend to the
   22  management and care of their diabetes while in school,
   23  participating in school-sponsored activities, or in transit to
   24  or from school or school-sponsored activities to the extent
   25  authorized by the parent and physician and within the parameters
   26  set forth by State Board of Education rule. The written
   27  authorization shall identify the diabetic supplies and equipment
   28  that the student is authorized to carry and shall describe the
   29  activities the child is capable of performing without
   30  assistance, such as performing blood-glucose level checks and
   31  urine ketone testing, administering insulin through the insulin
   32  delivery system used by the student, and treating hypoglycemia
   33  and hyperglycemia. The State Board of Education, in cooperation
   34  with the Department of Health, shall adopt rules to encourage
   35  every school in which a student with diabetes is enrolled to
   36  have personnel trained in routine and emergency diabetes care.
   37  The State Board of Education, in cooperation with the Department
   38  of Health, shall also adopt rules for the management and care of
   39  diabetes by students in schools that include provisions to
   40  protect the safety of all students from the misuse or abuse of
   41  diabetic supplies or equipment. A school district, county health
   42  department, and public-private partner, and the employees and
   43  volunteers of those entities, shall be indemnified by the parent
   44  of a student authorized to carry diabetic supplies or equipment
   45  for any and all liability with respect to the student’s use of
   46  such supplies and equipment pursuant to this paragraph.
   47         1. A school district or charter school may annually request
   48  a prescription for medications to treat hypoglycemia from a
   49  county health department or health care provider licensed to
   50  issue prescriptions to enable the school to acquire and maintain
   51  a supply of undesignated medications to treat a student with
   52  diabetes who experiences a hypoglycemic emergency and whose
   53  prescribed medication is not available on site or has expired.
   54  Such treatment must be in accordance with subparagraph 5.
   55         2. A licensed pharmacist may dispense undesignated
   56  medications to treat hypoglycemia pursuant to a prescription
   57  obtained pursuant to subparagraph 1.
   58         3. A school district or charter school may enter into
   59  arrangements with manufacturers or other suppliers of
   60  medications to treat hypoglycemia to obtain them free of charge
   61  or to purchase them at a reduced price or at fair market value
   62  and may accept monetary donations or apply for grants to cover
   63  the cost of such purchases.
   64         4. Undesignated medications to treat hypoglycemia must be
   65  stored in a location that is immediately accessible to the
   66  school nurse and other school personnel who have been trained to
   67  administer them.
   68         5. A school district or charter school employee or agent
   69  trained in the administration of medications to treat
   70  hypoglycemia must be designated as being responsible for the
   71  storage and administration of such medications. All such
   72  medications must be stored in accordance with the manufacturer’s
   73  instructions, and the administration of such medications to
   74  students with diabetes must be as prescribed in the student’s
   75  diabetes management plan or health care provider’s orders and
   76  written accommodations plan.
   77         6. Immediately after the administration of undesignated
   78  medications to treat hypoglycemia, a school district or charter
   79  school employee, as applicable, shall call for emergency
   80  assistance and notify a school nurse and the student’s parent,
   81  guardian, or emergency contact of such administration.
   82         7. A school district or charter school and its employees
   83  and agents who acquire, maintain, and administer undesignated
   84  medications to treat hypoglycemia, and the prescriber or
   85  provider of such medications, are not liable for any injury or
   86  loss to person or property which allegedly results from an act
   87  or omission associated with procuring, maintaining, accessing,
   88  or using undesignated medications pursuant to this section
   89  unless the injury is the result of an act or omission that
   90  constitutes gross negligence or willful or wanton misconduct.
   91         8. The Department of Health, with input from the American
   92  Diabetes Association and the Florida Association of School
   93  Nurses, shall adopt rules to implement this paragraph.
   94         Section 2. This act shall take effect July 1, 2025.
   95  
   96  ================= T I T L E  A M E N D M E N T ================
   97  And the title is amended as follows:
   98         Delete everything before the enacting clause
   99  and insert:
  100                        A bill to be entitled                      
  101         An act relating to diabetes management in schools;
  102         amending s. 1002.20, F.S.; authorizing a school
  103         district or charter school to annually request a
  104         prescription for specified medications from certain
  105         entities; authorizing a licensed pharmacist to
  106         dispense undesignated medications in accordance with
  107         specified provisions; authorizing a school district or
  108         charter school to enter into arrangements with a
  109         manufacturer or supplier to obtain such medications
  110         free of charge or to purchase them at a reduced price
  111         or fair market value and to obtain monetary donations
  112         or apply for grants to purchase them; providing
  113         requirements for the storage and administration of
  114         such medications; requiring a school district or
  115         charter school employee, as applicable, to call for
  116         emergency medical assistance immediately after
  117         administration of such medications and notify the
  118         school nurse and the student’s parent, guardian, or
  119         emergency contact; providing certain persons and
  120         entities with immunity from civil and criminal
  121         liability except under certain circumstances;
  122         requiring the Department of Health, with input from
  123         specified organizations, to adopt rules; providing an
  124         effective date.