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.