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;