Senate Bill sb0780

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 780

    By Senator Dawson





    30-2A-01                                                See HB

  1                      A bill to be entitled

  2         An act relating to parental consent; amending

  3         s. 232.46, F.S.; revising provisions relating

  4         to the administration of medication by school

  5         district personnel; requiring district school

  6         boards to adopt policies and procedures

  7         governing the administration of nonprescription

  8         medication; requiring written parental

  9         permission for the administration of

10         nonprescription medication; amending s.

11         232.465, F.S.; providing that a student is

12         exempt from certain services under the school

13         health services program if his or her parent or

14         guardian requests such an exemption in writing;

15         amending s. 234.02, F.S.; limiting

16         transportation of a student to a medical

17         treatment facility without parental consent;

18         providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Subsection (1) of section 232.46, Florida

23  Statutes, is amended to read:

24         232.46  Administration of medication by school district

25  personnel.--

26         (1)  Notwithstanding the provisions of the Nurse

27  Practice Act, part I of chapter 464, school district personnel

28  shall be authorized to assist students in the administration

29  of prescription and nonprescription medication when the

30  following conditions have been met:

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 780
    30-2A-01                                                See HB




  1         (a)  Each district school board shall include in its

  2  approved school health services plan a procedure to provide

  3  training, by a registered nurse, a licensed practical nurse, a

  4  physician licensed pursuant to chapter 458 or chapter 459, or

  5  a physician assistant licensed pursuant to chapter 458 or

  6  chapter 459, to the school personnel designated by the

  7  principal to assist students in the administration of

  8  prescribed and nonprescription medication.  Such training may

  9  be provided in collaboration with other school districts,

10  through contract with an education consortium, or by any other

11  arrangement consistent with the intent of this section.

12         (b)  Each district school board shall adopt policies

13  and procedures governing the administration of prescription

14  and nonprescription medication by school district personnel.

15  The policies and procedures shall include, but are not be

16  limited to, the following provisions:

17         1.  For each prescribed and nonprescription medication,

18  the student's parent or guardian shall provide to the school

19  principal a written statement which shall grant to the

20  principal, the school nurse, or the principal's designee

21  permission to assist in the administration of such medication

22  and which shall explain the necessity for such medication to

23  be provided during the school day, including any occasion when

24  the student is away from school property on official school

25  business. The school principal or the principal's trained

26  designee shall assist the student in the administration of

27  prescribed and nonprescription such medication.

28         2.  Each prescribed and nonprescription medication to

29  be administered by school district personnel shall be

30  received, counted, and stored in its original container. When

31  the medication is not in use, it shall be stored in its

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 780
    30-2A-01                                                See HB




  1  original container in a secure fashion under lock and key in a

  2  location designated by the principal.

  3         Section 2.  Present subsection (5) of section 232.465,

  4  Florida Statutes, is renumbered as subsection (6), and a new

  5  subsection (5) is added to that section to read:

  6         232.465  Provision of medical services; restrictions.--

  7         (5)  Pursuant to s. 381.0056(7)(d), a student will be

  8  exempt from any of the services provided under the school

  9  health services program if his or her parent or guardian

10  requests such exemption in writing.

11         Section 3.  Paragraph (a) of subsection (2) and

12  subsection (8) of section 234.02, Florida Statutes, are

13  amended to read:

14         234.02  Safety and health of pupils.--Maximum regard

15  for safety and adequate protection of health are primary

16  requirements that must be observed by school boards in routing

17  buses, appointing drivers, and providing and operating

18  equipment, in accordance with all requirements of law and

19  regulations of the commissioner in providing transportation

20  pursuant to s. 234.01:

21         (2)  Except as provided in subsection (1), school

22  boards may authorize the transportation of students in

23  privately owned motor vehicles on a case-by-case basis only in

24  the following circumstances:

25         (a)  When a student is ill or injured and must be taken

26  home under nonemergency circumstances or to a medical

27  treatment facility under imminently life-threatening

28  nonemergency circumstances; and

29         1.  The school has been unable to contact the student's

30  parent or guardian or such parent, guardian, or responsible

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 780
    30-2A-01                                                See HB




  1  adult designated by the parent or guardian is not available to

  2  provide the transportation;

  3         2.  Proper adult supervision of the student is

  4  available at the location to which the student is being

  5  transported;

  6         3.  The transportation is approved by the school

  7  principal, or a school administrator designated by the

  8  principal to grant or deny such approval, or in the absence of

  9  the principal and designee, by the highest ranking school

10  administrator or teacher available under the circumstances;

11  and

12         4.  If the school has been unable to contact the parent

13  or guardian prior to the transportation, the school continues

14  shall continue to attempt seek to contact the parent or

15  guardian until the school is able to notify the parent or

16  guardian of the transportation and the pertinent

17  circumstances.

18         (8)  Notwithstanding any other provision of this

19  section, in an emergency situation that constitutes an

20  imminent threat to student health or safety, school personnel

21  may take whatever action is necessary under the circumstances

22  to protect student health and safety. However, transportation

23  of a student in a school district vehicle or a privately owned

24  vehicle to a medical treatment facility without parental

25  consent is limited to those circumstances when immediate

26  medical treatment is necessary for the health and safety of

27  the student.

28         Section 4.  This act shall take effect July 1, 2001.

29

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 780
    30-2A-01                                                See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Revises provisions relating to the administration of
  4    medication by school district personnel. Requires written
      parental permission for the administration of
  5    nonprescription medication. Provides that a student is
      exempt from certain services under the school health
  6    services program if his or her parent or guardian
      requests such an exemption in writing. Limits
  7    transportation of a student to a medical treatment
      facility without parental consent.
  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.