Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 284
       
       
       
       
       
       
                                Barcode 404658                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2013           .                                
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       The Committee on Military and Veterans Affairs, Space, and
       Domestic Security (Legg) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 42 - 51
    4  and insert:
    5         Section 2. Paragraph (i) 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         (i) Epinephrine use and supply.—
   15         1. A student who has experienced or is at risk for life
   16  threatening allergic reactions may carry an epinephrine auto
   17  injector and self-administer epinephrine by auto-injector while
   18  in school, participating in school-sponsored activities, or in
   19  transit to or from school or school-sponsored activities if the
   20  school has been provided with parental and physician
   21  authorization. The State Board of Education, in cooperation with
   22  the Department of Health, shall adopt rules for such use of
   23  epinephrine auto-injectors that shall include provisions to
   24  protect the safety of all students from the misuse or abuse of
   25  auto-injectors. A school district, county health department,
   26  public-private partner, and their employees and volunteers shall
   27  be indemnified by the parent of a student authorized to carry an
   28  epinephrine auto-injector for any and all liability with respect
   29  to the student’s use of an epinephrine auto-injector pursuant to
   30  this paragraph.
   31         2. A public school may purchase from a wholesale
   32  distributor as defined in s. 499.003 and maintain in a locked,
   33  secure location on its premises a supply of epinephrine auto
   34  injectors for use if a student is having an anaphylactic
   35  reaction. The participating school district shall adopt a
   36  protocol developed by a licensed physician for the
   37  administration by school personnel who are trained to recognize
   38  an anaphylactic reaction and to administer an epinephrine auto
   39  injection. The supply of epinephrine auto-injectors may be
   40  provided to and used by a student authorized to self-administer
   41  epinephrine by auto-injector under subparagraph 1. or trained
   42  school personnel.
   43         3. The school district and its employees and agents,
   44  including the physician who provides the standing protocol for
   45  school epinephrine auto-injectors, are not liable for any injury
   46  arising from the use of an epinephrine auto-injector
   47  administered by trained school personnel who follow the adopted
   48  protocol and whose professional opinion is that the student is
   49  having an anaphylactic reaction:
   50         a. Unless the trained school personnel’s action is willful
   51  and wanton;
   52         b. Notwithstanding that the parents or guardians of the
   53  student to whom the epinephrine is administered have not been
   54  provided notice or have not signed a statement acknowledging
   55  that the school district is not liable; and
   56         c. Regardless of whether authorization has been given by
   57  the student’s parents or guardians or by the student’s
   58  physician, physician’s assistant, or advanced registered nurse
   59  practitioner.
   60         Section 3. Subsections (16) and (17) are added to section
   61  1002.42, Florida Statutes, to read:
   62         1002.42 Private schools.—
   63         (16) EMERGENCY PROCEDURES.—The emergency response agencies
   64  identified in a district school board’s emergency response
   65  policy pursuant to s. 1006.07(4) which are responsible for
   66  notifying the school district of an occurrence that threatens
   67  student safety shall also notify private schools in the district
   68  that request such notification by opting into the district
   69  school board’s emergency notification procedures.
   70         (17) EPINEPHRINE SUPPLY.—
   71         (a) A private school may purchase from a wholesale
   72  distributor as defined in s. 499.003 and maintain in a locked,
   73  secure location on its premises a supply of epinephrine auto
   74  injectors for use if a student is having an anaphylactic
   75  reaction. The participating private school shall adopt a
   76  protocol developed by a licensed physician for the
   77  administration by private school personnel who are trained to
   78  recognize an anaphylactic reaction and to administer an
   79  epinephrine auto-injection. The supply of epinephrine auto
   80  injectors may be provided to and used by a student authorized to
   81  self-administer epinephrine by auto-injector under s.
   82  1002.20(3)(i) or trained school personnel.
   83         (b) The private school and its employees and agents,
   84  including the physician who provides the standing protocol for
   85  school epinephrine auto-injectors, are not liable for any injury
   86  arising from the use of an epinephrine auto-injector
   87  administered by trained school personnel who follow the adopted
   88  protocol and whose professional opinion is that the student is
   89  having an anaphylactic reaction:
   90         1. Unless the trained school personnel’s action action is
   91  willful and wanton;
   92         2. Notwithstanding that the parents or guardians of the
   93  student to whom the epinephrine is administered have not been
   94  provided notice or have not signed a statement acknowledging
   95  that the school district is not liable; and
   96         3. Regardless of whether authorization has been given by
   97  the student’s parents or guardians or by the student’s
   98  physician, physician’s assistant, or advanced registered nurse
   99  practitioner.
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102         And the title is amended as follows:
  103         Delete lines 2 - 8
  104  and insert:
  105         An act relating to school emergencies; amending s.
  106         1006.07, F.S.; requiring district school board
  107         policies to list the emergency response agencies that
  108         are responsible for notifying the school district of
  109         emergencies; amending s. 1002.20, F.S.; authorizing a
  110         public school to purchase and maintain a supply of
  111         epinephrine auto-injectors; requiring that the school
  112         district adopt a protocol developed by a licensed
  113         physician for the administration of epinephrine auto
  114         injectors for emergency use when a student is having
  115         an anaphylactic reaction; providing that the supply of
  116         epinephrine auto-injectors may be provided to and used
  117         by a student authorized to self-administer epinephrine
  118         by auto-injector or trained school personnel;
  119         providing that a school district and its employees and
  120         agents, including a physician providing a standing
  121         protocol for school epinephrine auto-injectors, are
  122         not liable for an injury to a student arising from the
  123         use of an epinephrine auto-injector under certain
  124         circumstances; amending s. 1002.42, F.S.; requiring
  125         the emergency response agencies to notify private
  126         schools in the school district of emergencies under
  127         certain circumstances; authorizing a private school to
  128         purchase and maintain a supply of epinephrine auto
  129         injectors; requiring that the private school adopt a
  130         protocol developed by a licensed physician for the
  131         administration of epinephrine auto-injectors for
  132         emergency use when a student is having an anaphylactic
  133         reaction; providing that the supply of epinephrine
  134         auto-injectors may be provided to and used by a
  135         student authorized to self-administer epinephrine by
  136         auto-injector or trained school personnel; providing
  137         that a private school and its employees and agents,
  138         including a physician providing a standing protocol
  139         for school epinephrine auto-injectors, are not liable
  140         for an injury to a student arising from the use of an
  141         epinephrine auto-injector under certain circumstances;