Florida Senate - 2012                              CS for SB 494
       
       
       
       By the Committee on Education Pre-K - 12; and Senator Negron
       
       
       
       
       581-02972-12                                           2012494c1
    1                        A bill to be entitled                      
    2         An act relating to student health and safety; amending
    3         s. 1006.07, F.S.; requiring district school board
    4         policies to list the emergency response agencies that
    5         are responsible for notifying the school district of
    6         emergencies; amending s. 1002.20, F.S.; authorizing a
    7         public school to maintain a supply of epinephrine
    8         auto-injectors; providing that a physician may
    9         prescribe epinephrine auto-injectors to be maintained
   10         for emergency use when any student is having an
   11         anaphylactic reaction; providing that the supply of
   12         epinephrine auto-injectors may be provided to and used
   13         by any student authorized to self-administer
   14         epinephrine by auto-injector; amending s. 1002.42,
   15         F.S.; requiring the emergency response agencies to
   16         notify private schools in the school district of
   17         emergencies under certain circumstances; authorizing a
   18         private school to maintain a supply of epinephrine
   19         auto-injectors; providing that a physician may
   20         prescribe epinephrine auto-injectors to be maintained
   21         for emergency use when any student is having an
   22         anaphylactic reaction; providing that the supply of
   23         epinephrine auto-injectors may be provided to and used
   24         by any student authorized to self-administer
   25         epinephrine by auto-injector; providing an effective
   26         date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (4) of section 1006.07, Florida
   31  Statutes, is amended to read:
   32         1006.07 District school board duties relating to student
   33  discipline and school safety.—The district school board shall
   34  provide for the proper accounting for all students, for the
   35  attendance and control of students at school, and for proper
   36  attention to health, safety, and other matters relating to the
   37  welfare of students, including:
   38         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
   39         (a) Formulate and prescribe policies and procedures for
   40  emergency drills and for actual emergencies, including, but not
   41  limited to, fires, natural disasters, and bomb threats, for all
   42  the public schools of the district which comprise grades K-12.
   43  District school board policies shall include commonly used alarm
   44  system responses for specific types of emergencies and
   45  verification by each school that drills have been provided as
   46  required by law and fire protection codes. The emergency
   47  response agency that is responsible for notifying the school
   48  district for each type of emergency must be listed in the
   49  district’s emergency response policy.
   50         (b) The district school board shall Establish model
   51  emergency management and emergency preparedness procedures,
   52  including emergency notification procedures pursuant to
   53  paragraph (a), for the following life-threatening emergencies:
   54         1. Weapon-use and hostage situations.
   55         2. Hazardous materials or toxic chemical spills.
   56         3. Weather emergencies, including hurricanes, tornadoes,
   57  and severe storms.
   58         4. Exposure as a result of a manmade emergency.
   59         Section 2. Paragraph (i) of subsection (3) of section
   60  1002.20, Florida Statutes, is amended to read:
   61         1002.20 K-12 student and parent rights.—Parents of public
   62  school students must receive accurate and timely information
   63  regarding their child’s academic progress and must be informed
   64  of ways they can help their child to succeed in school. K-12
   65  students and their parents are afforded numerous statutory
   66  rights including, but not limited to, the following:
   67         (3) HEALTH ISSUES.—
   68         (i) Epinephrine use and supply.—
   69         1. A student who has experienced or is at risk for life
   70  threatening allergic reactions may carry an epinephrine auto
   71  injector and self-administer epinephrine by auto-injector while
   72  in school, participating in school-sponsored activities, or in
   73  transit to or from school or school-sponsored activities if the
   74  school has been provided with parental and physician
   75  authorization. The State Board of Education, in cooperation with
   76  the Department of Health, shall adopt rules for such use of
   77  epinephrine auto-injectors that shall include provisions to
   78  protect the safety of all students from the misuse or abuse of
   79  auto-injectors. A school district, county health department,
   80  public-private partner, and their employees and volunteers shall
   81  be indemnified by the parent of a student authorized to carry an
   82  epinephrine auto-injector for any and all liability with respect
   83  to the student’s use of an epinephrine auto-injector pursuant to
   84  this paragraph.
   85         2. A public school may maintain in a locked, secure
   86  location on its premises a supply of epinephrine auto-injectors.
   87  A physician may prescribe epinephrine auto-injectors in the name
   88  of the school to be maintained for emergency use when any
   89  student is having an anaphylactic reaction. The supply of
   90  epinephrine auto-injectors may be provided to and used by any
   91  student authorized to self-administer epinephrine by auto
   92  injector under subparagraph 1.
   93         Section 3. Subsections (16) and (17) are added to section
   94  1002.42, Florida Statutes, to read:
   95         1002.42 Private schools.—
   96         (16) EMERGENCY PROCEDURES.—The emergency response agencies
   97  that are identified in a district school board’s emergency
   98  response policy pursuant to s. 1006.07(4) and that are
   99  responsible for notifying the school district of an occurrence
  100  that threatens student safety shall also notify private schools
  101  in the district that request such notification by opting into
  102  the district school board’s emergency notification procedures.
  103         (17) EPINEPHRINE SUPPLY.—A private school may maintain in a
  104  locked, secure location on its premises a supply of epinephrine
  105  auto-injectors. A physician may prescribe epinephrine auto
  106  injectors in the name of the private school to be maintained for
  107  emergency use when any student is having an anaphylactic
  108  reaction. The supply of epinephrine auto-injectors may be
  109  provided to and used by any student authorized to self
  110  administer epinephrine by auto-injector under s. 1002.20(3)(i).
  111         Section 4. This act shall take effect July 1, 2012.