Florida Senate - 2025                                     SB 772
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-01141-25                                            2025772__
    1                        A bill to be entitled                      
    2         An act relating to diabetes management in schools;
    3         amending s. 1002.20, F.S.; authorizing a school
    4         district or charter school to annually request a
    5         prescription for glucagon from certain entities;
    6         authorizing a licensed pharmacist to dispense
    7         undesignated glucagon in accordance with specified
    8         provisions; authorizing a school district or charter
    9         school to enter into arrangements with a manufacturer
   10         or supplier to obtain glucagon free of charge or at a
   11         fair market or reduced price; authorizing a school
   12         district or charter school to obtain monetary
   13         donations or apply for grants to purchase glucagon;
   14         providing requirements for the storage and
   15         administration of glucagon; requiring parental
   16         notification after the administration of glucagon;
   17         providing certain persons and entities with immunity
   18         from civil and criminal liability under certain
   19         circumstances; requiring the Department of Health to
   20         adopt rules; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (j) of subsection (3) of section
   25  1002.20, Florida Statutes, is amended to read:
   26         1002.20 K-12 student and parent rights.—Parents of public
   27  school students must receive accurate and timely information
   28  regarding their child’s academic progress and must be informed
   29  of ways they can help their child to succeed in school. K-12
   30  students and their parents are afforded numerous statutory
   31  rights including, but not limited to, the following:
   32         (3) HEALTH ISSUES.—
   33         (j) Diabetes management.—A school district may not restrict
   34  the assignment of a student who has diabetes to a particular
   35  school on the basis that the student has diabetes, that the
   36  school does not have a full-time school nurse, or that the
   37  school does not have trained diabetes personnel. Diabetic
   38  students whose parent and physician provide their written
   39  authorization to the school principal may carry diabetic
   40  supplies and equipment on their person and attend to the
   41  management and care of their diabetes while in school,
   42  participating in school-sponsored activities, or in transit to
   43  or from school or school-sponsored activities to the extent
   44  authorized by the parent and physician and within the parameters
   45  set forth by State Board of Education rule. The written
   46  authorization shall identify the diabetic supplies and equipment
   47  that the student is authorized to carry and shall describe the
   48  activities the child is capable of performing without
   49  assistance, such as performing blood-glucose level checks and
   50  urine ketone testing, administering insulin through the insulin
   51  delivery system used by the student, and treating hypoglycemia
   52  and hyperglycemia. The State Board of Education, in cooperation
   53  with the Department of Health, shall adopt rules to encourage
   54  every school in which a student with diabetes is enrolled to
   55  have personnel trained in routine and emergency diabetes care.
   56  The State Board of Education, in cooperation with the Department
   57  of Health, shall also adopt rules for the management and care of
   58  diabetes by students in schools that include provisions to
   59  protect the safety of all students from the misuse or abuse of
   60  diabetic supplies or equipment. A school district, county health
   61  department, and public-private partner, and the employees and
   62  volunteers of those entities, shall be indemnified by the parent
   63  of a student authorized to carry diabetic supplies or equipment
   64  for any and all liability with respect to the student’s use of
   65  such supplies and equipment pursuant to this paragraph.
   66         1. A school district or charter school may annually request
   67  a prescription for glucagon from a county health department or
   68  health care provider licensed to issue prescriptions to enable
   69  the school to acquire and maintain a supply of undesignated
   70  glucagon to treat a student with diabetes who experiences a
   71  hypoglycemic emergency or whose prescribed glucagon is not
   72  available on site or has expired.
   73         2. A licensed pharmacist may dispense undesignated glucagon
   74  pursuant to a prescription in accordance with this paragraph.
   75         3. A school district or charter school may enter into
   76  arrangements with manufacturers of glucagon or other suppliers
   77  of glucagon to obtain the products free of charge or at fair
   78  market or reduced prices and may obtain monetary donations or
   79  apply for grants to purchase glucagon.
   80         4. Undesignated glucagon must be stored in a location that
   81  is immediately accessible to the school nurse and other school
   82  personnel who have been trained to administer glucagon.
   83         5. A school district or charter school employee or agent
   84  trained in the administration of glucagon shall be responsible
   85  for the storage, maintenance, and administration of glucagon
   86  stocked by a school in accordance with the manufacturer’s
   87  instructions. Such undesignated glucagon must be authorized and
   88  made available by a school for administration to students with
   89  diabetes as prescribed in the student’s diabetes management plan
   90  or health care provider’s orders and written accommodations
   91  plan.
   92         6. Immediately after the administration of undesignated
   93  glucagon, a school district or charter school employee shall
   94  call for emergency assistance and notify a school nurse and the
   95  student’s parent or guardian or emergency contact.
   96         7. A school district or charter school and its employees
   97  and agents who acquire, maintain, and administer undesignated
   98  glucagon, and the undesignated glucagon prescriber or furnisher,
   99  are not liable for any injury or loss to person or property
  100  which allegedly results from an act or omission associated with
  101  procuring, maintaining, accessing, or using undesignated
  102  glucagon pursuant to this section unless the injury is the
  103  result of an act or omission that constitutes gross negligence
  104  or willful or wanton misconduct.
  105         8. The Department of Health, with input from the American
  106  Diabetes Association and Florida Association of School Nurses,
  107  shall adopt rules to implement the provisions of this paragraph.
  108         Section 2. This act shall take effect July 1, 2025.