Florida Senate - 2016                                    SB 1196
       
       
        
       By Senators Bean and Hutson
       
       6-01482-16                                            20161196__
    1                        A bill to be entitled                      
    2         An act relating to emergency allergy treatment in
    3         schools; amending s. 381.88, F.S.; revising the term
    4         “authorized entity”; amending ss. 1002.20 and 1002.42,
    5         F.S.; authorizing a public school and a private
    6         school, respectively, to enter into certain
    7         arrangements with wholesale distributors or
    8         manufacturers for epinephrine auto-injectors;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (b) of subsection (2) of section
   14  381.88, Florida Statutes, is amended to read:
   15         381.88 Emergency allergy treatment.—
   16         (2) As used in this section and s. 381.885, the term:
   17         (b) “Authorized entity” means an entity or organization at
   18  or in connection with which allergens capable of causing a
   19  severe allergic reaction may be present. The term includes, but
   20  is not limited to, restaurants, recreation camps, youth sports
   21  leagues, theme parks and resorts, and sports arenas. However, a
   22  school as described in s. 1002.20(3)(i) or s. 1002.42(17)(b) is
   23  an authorized entity for the purposes of s. 381.885(4) and (5)
   24  subsection (5) only.
   25         Section 2. Paragraph (i) of subsection (3) of section
   26  1002.20, Florida Statutes, is amended to read:
   27         1002.20 K-12 student and parent rights.—Parents of public
   28  school students must receive accurate and timely information
   29  regarding their child’s academic progress and must be informed
   30  of ways they can help their child to succeed in school. K-12
   31  students and their parents are afforded numerous statutory
   32  rights including, but not limited to, the following:
   33         (3) HEALTH ISSUES.—
   34         (i) Epinephrine use and supply.—
   35         1. A student who has experienced or is at risk for life
   36  threatening allergic reactions may carry an epinephrine auto
   37  injector and self-administer epinephrine by auto-injector while
   38  in school, participating in school-sponsored activities, or in
   39  transit to or from school or school-sponsored activities if the
   40  school has been provided with parental and physician
   41  authorization. The State Board of Education, in cooperation with
   42  the Department of Health, shall adopt rules for such use of
   43  epinephrine auto-injectors that shall include provisions to
   44  protect the safety of all students from the misuse or abuse of
   45  auto-injectors. A school district, county health department,
   46  public-private partner, and their employees and volunteers shall
   47  be indemnified by the parent of a student authorized to carry an
   48  epinephrine auto-injector for any and all liability with respect
   49  to the student’s use of an epinephrine auto-injector pursuant to
   50  this paragraph.
   51         2. A public school may purchase a supply of epinephrine
   52  auto-injectors from a wholesale distributor as defined in s.
   53  499.003 or may enter into an arrangement with a wholesale
   54  distributor or manufacturer as defined in s. 499.003 for the
   55  epinephrine auto-injectors at fair-market, free, or reduced
   56  prices for use in the event a student has an anaphylactic
   57  reaction. The epinephrine auto-injectors must be maintained and
   58  maintain in a locked, secure location on the public school’s its
   59  premises a supply of epinephrine auto-injectors for use if a
   60  student is having an anaphylactic reaction. The participating
   61  school district shall adopt a protocol developed by a licensed
   62  physician for the administration by school personnel who are
   63  trained to recognize an anaphylactic reaction and to administer
   64  an epinephrine auto-injection. The supply of epinephrine auto
   65  injectors may be provided to and used by a student authorized to
   66  self-administer epinephrine by auto-injector under subparagraph
   67  1. or trained school personnel.
   68         3. The school district and its employees, and agents, and
   69  including the physician who provides the standing protocol for
   70  school epinephrine auto-injectors, are not liable for any injury
   71  arising from the use of an epinephrine auto-injector
   72  administered by trained school personnel who follow the adopted
   73  protocol and whose professional opinion is that the student is
   74  having an anaphylactic reaction:
   75         a. Unless the trained school personnel’s action is willful
   76  and wanton;
   77         b. Notwithstanding that the parents or guardians of the
   78  student to whom the epinephrine is administered have not been
   79  provided notice or have not signed a statement acknowledging
   80  that the school district is not liable; and
   81         c. Regardless of whether authorization has been given by
   82  the student’s parents or guardians or by the student’s
   83  physician, physician’s assistant, or advanced registered nurse
   84  practitioner.
   85         Section 3. Subsection (17) of section 1002.42, Florida
   86  Statutes, is amended to read:
   87         1002.42 Private schools.—
   88         (17) EPINEPHRINE SUPPLY.—
   89         (a) A private school may purchase a supply of epinephrine
   90  auto-injectors from a wholesale distributor as defined in s.
   91  499.003 or may enter into an arrangement with a wholesale
   92  distributor or manufacturer as defined in s. 499.003 for the
   93  epinephrine auto-injectors at fair-market, free, or reduced
   94  prices for use in the event a student has an anaphylactic
   95  reaction. The epinephrine auto-injectors must be maintained and
   96  maintain in a locked, secure location on the private school’s
   97  its premises a supply of epinephrine auto-injectors for use if a
   98  student is having an anaphylactic reaction. The participating
   99  private school shall adopt a protocol developed by a licensed
  100  physician for the administration by private school personnel who
  101  are trained to recognize an anaphylactic reaction and to
  102  administer an epinephrine auto-injection. The supply of
  103  epinephrine auto-injectors may be provided to and used by a
  104  student authorized to self-administer epinephrine by auto
  105  injector under s. 1002.20(3)(i) or trained school personnel.
  106         (b) The private school and its employees, and agents, and
  107  including the physician who provides the standing protocol for
  108  school epinephrine auto-injectors, are not liable for any injury
  109  arising from the use of an epinephrine auto-injector
  110  administered by trained school personnel who follow the adopted
  111  protocol and whose professional opinion is that the student is
  112  having an anaphylactic reaction:
  113         1. Unless the trained school personnel’s action is willful
  114  and wanton;
  115         2. Notwithstanding that the parents or guardians of the
  116  student to whom the epinephrine is administered have not been
  117  provided notice or have not signed a statement acknowledging
  118  that the school district is not liable; and
  119         3. Regardless of whether authorization has been given by
  120  the student’s parents or guardians or by the student’s
  121  physician, physician’s assistant, or advanced registered nurse
  122  practitioner.
  123         Section 4. This act shall take effect July 1, 2016.