Florida Senate - 2025                              CS for SB 772
       
       
        
       By the Committee on Education Pre-K - 12; and Senator Calatayud
       
       
       
       
       
       581-02507-25                                           2025772c1
    1                        A bill to be entitled                      
    2         An act relating to diabetes management in schools;
    3         amending s. 1002.20, F.S.; defining terms; authorizing
    4         a school district or public school to acquire and
    5         maintain a supply of undesignated glucagon; requiring
    6         that undesignated glucagon be stored in a secure
    7         location that is immediately accessible; authorizing a
    8         school district or public school to enter into
    9         arrangements with a manufacturer or supplier to obtain
   10         glucagon free of charge or at a fair market or reduced
   11         price; authorizing a school district or public school
   12         to accept donated or transferred glucagon that meets
   13         certain requirements; authorizing a school district or
   14         public school to obtain monetary donations or apply
   15         for grants to purchase glucagon; authorizing a school
   16         district or public school to request a prescription
   17         for glucagon from a county health department;
   18         authorizing a licensed health care practitioner to
   19         prescribe glucagon in the name of a school district or
   20         public school; authorizing a licensed pharmacist to
   21         dispense glucagon pursuant to such prescription;
   22         requiring a participating school to make available
   23         undesignated glucagon to be administered as ordered in
   24         a student’s diabetes medical management plan or health
   25         care practitioner’s orders; requiring an employee to
   26         call for emergency assistance and provide parental
   27         notification after the administration of glucagon;
   28         requiring the State Board of Education to adopt rules;
   29         providing certain persons and entities with immunity
   30         from civil and criminal liability under certain
   31         circumstances; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraph (j) of subsection (3) of section
   36  1002.20, Florida Statutes, is amended to read:
   37         1002.20 K-12 student and parent rights.—Parents of public
   38  school students must receive accurate and timely information
   39  regarding their child’s academic progress and must be informed
   40  of ways they can help their child to succeed in school. K-12
   41  students and their parents are afforded numerous statutory
   42  rights including, but not limited to, the following:
   43         (3) HEALTH ISSUES.—
   44         (j) Diabetes management.—
   45         1. As used in this paragraph, the term:
   46         a. “Authorized health care practitioner” means a physician
   47  licensed under chapter 458 or chapter 459, a physician assistant
   48  licensed under chapter 458 or chapter 459, or an advanced
   49  practice registered nurse licensed under chapter 464.
   50         b. “Participating school” means a public school which
   51  maintains a supply of undesignated glucagon pursuant to this
   52  paragraph.
   53         c. “Undesignated glucagon” means a glucagon rescue therapy
   54  approved by the United States Food and Drug Administration that
   55  does not require reconstitution for the treatment of severe
   56  hypoglycemia in a dosage form that can be rapidly administered
   57  to the patient in an emergency, including prefilled injectable
   58  or nasally administered glucagon, and is prescribed in the name
   59  of a public school or school district pursuant to this
   60  paragraph.
   61         2. A school district may not restrict the assignment of a
   62  student who has diabetes to a particular school on the basis
   63  that the student has diabetes, that the school does not have a
   64  full-time school nurse, or that the school does not have trained
   65  diabetes personnel. Diabetic students whose parent and physician
   66  provide their written authorization to the school principal may
   67  carry diabetic supplies and equipment on their person and attend
   68  to the management and care of their diabetes while in school,
   69  participating in school-sponsored activities, or in transit to
   70  or from school or school-sponsored activities to the extent
   71  authorized by the parent and physician and within the parameters
   72  set forth by State Board of Education rule. The written
   73  authorization shall identify the diabetic supplies and equipment
   74  that the student is authorized to carry and shall describe the
   75  activities the child is capable of performing without
   76  assistance, such as performing blood-glucose level checks and
   77  urine ketone testing, administering insulin through the insulin
   78  delivery system used by the student, and treating hypoglycemia
   79  and hyperglycemia.
   80         a. The State Board of Education, in cooperation with the
   81  Department of Health, shall adopt rules to encourage every
   82  school in which a student with diabetes is enrolled to have
   83  personnel trained in routine and emergency diabetes care. The
   84  State Board of Education, in cooperation with the Department of
   85  Health, shall also adopt rules for the management and care of
   86  diabetes by students in schools that include provisions to
   87  protect the safety of all students from the misuse or abuse of
   88  diabetic supplies or equipment.
   89         b. A school district, county health department, and public
   90  private partner, and the employees and volunteers of those
   91  entities, shall be indemnified by the parent of a student
   92  authorized to carry diabetic supplies or equipment for any and
   93  all liability with respect to the student’s use of such supplies
   94  and equipment pursuant to this paragraph.
   95         3. A school district or public school may acquire and
   96  maintain a supply of undesignated glucagon for the purpose of
   97  treating a student with diabetes experiencing a hypoglycemic
   98  emergency. Undesignated glucagon must be stored in a secure
   99  location on the school’s premises that is immediately accessible
  100  to a school nurse or other school personnel trained to
  101  administer glucagon pursuant to this paragraph. Undesignated
  102  glucagon must be stored in accordance with the manufacturer’s
  103  instructions.
  104         a. A school district or public school may acquire and stock
  105  a supply of glucagon from a wholesale distributor as defined in
  106  s. 499.003 or may enter into an arrangement with a wholesale
  107  distributor or manufacturer as defined in s. 499.003 for
  108  glucagon at fair market, free, or reduced prices pursuant to a
  109  prescription issued in accordance with this section.
  110         b. A school district or public school may accept donated or
  111  transferred glucagon if it is new, unexpired, manufacturer
  112  sealed, not subject to recall, unadulterated, and in compliance
  113  with relevant regulations adopted by the United States Food and
  114  Drug Administration. A school district or public school may also
  115  obtain monetary donations or apply for grants to purchase
  116  glucagon.
  117         c. A school district or public school may request a
  118  prescription for glucagon from a county health department.
  119         4. An authorized health care practitioner may prescribe
  120  glucagon in the name of a school district or public school for
  121  use in accordance with this section, and a licensed pharmacist
  122  may dispense glucagon pursuant to a prescription issued in the
  123  name of a school district or public school for use in accordance
  124  with this paragraph.
  125         5. A participating school shall make available undesignated
  126  glucagon that is able to be administered as ordered in a
  127  student’s diabetes medical management plan or health care
  128  practitioner’s orders.
  129         6. A school nurse or trained school personnel shall
  130  administer glucagon to students only if such school nurse or
  131  trained school personnel has successfully completed training and
  132  believe in good faith that the student is experiencing a
  133  hypoglycemic emergency.
  134         7. Immediately after undesignated glucagon has been
  135  administered to a student, an employee of the public school
  136  shall call for emergency assistance, notify the school nurse,
  137  and notify the student’s parent or guardian or emergency
  138  contact.
  139         8. The State Board of Education, in cooperation with the
  140  Department of Health, shall adopt rules to implement the
  141  provisions of this paragraph.
  142         9. Notwithstanding any other provision of law to the
  143  contrary, a school nurse or school personnel of a school
  144  district trained in the administration of glucagon who
  145  administers or attempts to administer glucagon in compliance
  146  with this section and s. 768.13 and the school district that
  147  employs the school nurse or the trained school personnel are
  148  immune from civil or criminal liability as a result of such
  149  administration or attempted administration of glucagon.
  150         10.a. An authorized health care practitioner, acting in
  151  good faith and exercising reasonable care, is not subject to
  152  discipline or other adverse action under any professional
  153  licensure statute or rule and is immune from any civil or
  154  criminal liability as a result of prescribing glucagon in
  155  accordance with this section.
  156         b. A dispensing health care practitioner or pharmacist,
  157  acting in good faith and exercising reasonable care, is not
  158  subject to discipline or other adverse action under any
  159  professional licensure statute or rule and is immune from any
  160  civil or criminal liability as a result of dispensing glucagon
  161  in accordance with this section.
  162         Section 2. This act shall take effect July 1, 2025.