Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1196
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/02/2016           .                                

       The Committee on Education Pre-K - 12 (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 58 - 96
    4  and insert:
    5  maintain in a locked, secure location on the public school’s its
    6  premises a supply of epinephrine auto-injectors for use if a
    7  student is having an anaphylactic reaction. The participating
    8  school district shall adopt a protocol developed by a licensed
    9  physician for the administration by school personnel who are
   10  trained to recognize an anaphylactic reaction and to administer
   11  an epinephrine auto-injection. The supply of epinephrine auto
   12  injectors may be provided to and used by a student authorized to
   13  self-administer epinephrine by auto-injector under subparagraph
   14  1. or trained school personnel.
   15         3. The school district and its employees, and agents, and
   16  including the physician who provides the standing protocol for
   17  school epinephrine auto-injectors, are not liable for any injury
   18  arising from the use of an epinephrine auto-injector
   19  administered by trained school personnel who follow the adopted
   20  protocol and whose professional opinion is that the student is
   21  having an anaphylactic reaction:
   22         a. Unless the trained school personnel’s action is willful
   23  and wanton;
   24         b. Notwithstanding that the parents or guardians of the
   25  student to whom the epinephrine is administered have not been
   26  provided notice or have not signed a statement acknowledging
   27  that the school district is not liable; and
   28         c. Regardless of whether authorization has been given by
   29  the student’s parents or guardians or by the student’s
   30  physician, physician’s assistant, or advanced registered nurse
   31  practitioner.
   32         Section 3. Subsection (17) of section 1002.42, Florida
   33  Statutes, is amended to read:
   34         1002.42 Private schools.—
   35         (17) EPINEPHRINE SUPPLY.—
   36         (a) A private school may purchase a supply of epinephrine
   37  auto-injectors from a wholesale distributor as defined in s.
   38  499.003 or may enter into an arrangement with a wholesale
   39  distributor or manufacturer as defined in s. 499.003 for the
   40  epinephrine auto-injectors at fair-market, free, or reduced
   41  prices for use in the event a student has an anaphylactic
   42  reaction. The epinephrine auto-injectors must be maintained and
   43  maintain in a locked, secure location on the private school’s
   45  ================= T I T L E  A M E N D M E N T ================
   46  And the title is amended as follows:
   47         Between lines 8 and 9
   48  insert:
   49         revising the storage requirements for epinephrine
   50         auto-injectors;