Florida Senate - 2016                             CS for SB 1196
       
       
        
       By the Committee on Education Pre-K - 12; and Senators Bean and
       Hutson
       
       581-02937-16                                          20161196c1
    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; revising
    9         the storage requirements for epinephrine auto
   10         injectors; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (b) of subsection (2) of section
   15  381.88, Florida Statutes, is amended to read:
   16         381.88 Emergency allergy treatment.—
   17         (2) As used in this section and s. 381.885, the term:
   18         (b) “Authorized entity” means an entity or organization at
   19  or in connection with which allergens capable of causing a
   20  severe allergic reaction may be present. The term includes, but
   21  is not limited to, restaurants, recreation camps, youth sports
   22  leagues, theme parks and resorts, and sports arenas. However, a
   23  school as described in s. 1002.20(3)(i) or s. 1002.42(17)(b) is
   24  an authorized entity for the purposes of s. 381.885(4) and (5)
   25  subsection (5) only.
   26         Section 2. Paragraph (i) of subsection (3) of section
   27  1002.20, Florida Statutes, is amended to read:
   28         1002.20 K-12 student and parent rights.—Parents of public
   29  school students must receive accurate and timely information
   30  regarding their child’s academic progress and must be informed
   31  of ways they can help their child to succeed in school. K-12
   32  students and their parents are afforded numerous statutory
   33  rights including, but not limited to, the following:
   34         (3) HEALTH ISSUES.—
   35         (i) Epinephrine use and supply.—
   36         1. A student who has experienced or is at risk for life
   37  threatening allergic reactions may carry an epinephrine auto
   38  injector and self-administer epinephrine by auto-injector while
   39  in school, participating in school-sponsored activities, or in
   40  transit to or from school or school-sponsored activities if the
   41  school has been provided with parental and physician
   42  authorization. The State Board of Education, in cooperation with
   43  the Department of Health, shall adopt rules for such use of
   44  epinephrine auto-injectors that shall include provisions to
   45  protect the safety of all students from the misuse or abuse of
   46  auto-injectors. A school district, county health department,
   47  public-private partner, and their employees and volunteers shall
   48  be indemnified by the parent of a student authorized to carry an
   49  epinephrine auto-injector for any and all liability with respect
   50  to the student’s use of an epinephrine auto-injector pursuant to
   51  this paragraph.
   52         2. A public school may purchase a supply of epinephrine
   53  auto-injectors from a wholesale distributor as defined in s.
   54  499.003 or may enter into an arrangement with a wholesale
   55  distributor or manufacturer as defined in s. 499.003 for the
   56  epinephrine auto-injectors at fair-market, free, or reduced
   57  prices for use in the event a student has an anaphylactic
   58  reaction. The epinephrine auto-injectors must be maintained and
   59  maintain in a locked, secure location on the public school’s its
   60  premises a supply of epinephrine auto-injectors for use if a
   61  student is having an anaphylactic reaction. The participating
   62  school district shall adopt a protocol developed by a licensed
   63  physician for the administration by school personnel who are
   64  trained to recognize an anaphylactic reaction and to administer
   65  an epinephrine auto-injection. The supply of epinephrine auto
   66  injectors may be provided to and used by a student authorized to
   67  self-administer epinephrine by auto-injector under subparagraph
   68  1. or trained school personnel.
   69         3. The school district and its employees, and agents, and
   70  including the physician who provides the standing protocol for
   71  school epinephrine auto-injectors, are not liable for any injury
   72  arising from the use of an epinephrine auto-injector
   73  administered by trained school personnel who follow the adopted
   74  protocol and whose professional opinion is that the student is
   75  having an anaphylactic reaction:
   76         a. Unless the trained school personnel’s action is willful
   77  and wanton;
   78         b. Notwithstanding that the parents or guardians of the
   79  student to whom the epinephrine is administered have not been
   80  provided notice or have not signed a statement acknowledging
   81  that the school district is not liable; and
   82         c. Regardless of whether authorization has been given by
   83  the student’s parents or guardians or by the student’s
   84  physician, physician’s assistant, or advanced registered nurse
   85  practitioner.
   86         Section 3. Subsection (17) of section 1002.42, Florida
   87  Statutes, is amended to read:
   88         1002.42 Private schools.—
   89         (17) EPINEPHRINE SUPPLY.—
   90         (a) A private school may purchase a supply of epinephrine
   91  auto-injectors from a wholesale distributor as defined in s.
   92  499.003 or may enter into an arrangement with a wholesale
   93  distributor or manufacturer as defined in s. 499.003 for the
   94  epinephrine auto-injectors at fair-market, free, or reduced
   95  prices for use in the event a student has an anaphylactic
   96  reaction. The epinephrine auto-injectors must be maintained and
   97  maintain in a locked, secure location on the private school’s
   98  its premises a supply of epinephrine auto-injectors for use if a
   99  student is having an anaphylactic reaction. The participating
  100  private school shall adopt a protocol developed by a licensed
  101  physician for the administration by private school personnel who
  102  are trained to recognize an anaphylactic reaction and to
  103  administer an epinephrine auto-injection. The supply of
  104  epinephrine auto-injectors may be provided to and used by a
  105  student authorized to self-administer epinephrine by auto
  106  injector under s. 1002.20(3)(i) or trained school personnel.
  107         (b) The private school and its employees, and agents, and
  108  including the physician who provides the standing protocol for
  109  school epinephrine auto-injectors, are not liable for any injury
  110  arising from the use of an epinephrine auto-injector
  111  administered by trained school personnel who follow the adopted
  112  protocol and whose professional opinion is that the student is
  113  having an anaphylactic reaction:
  114         1. Unless the trained school personnel’s action is willful
  115  and wanton;
  116         2. Notwithstanding that the parents or guardians of the
  117  student to whom the epinephrine is administered have not been
  118  provided notice or have not signed a statement acknowledging
  119  that the school district is not liable; and
  120         3. Regardless of whether authorization has been given by
  121  the student’s parents or guardians or by the student’s
  122  physician, physician’s assistant, or advanced registered nurse
  123  practitioner.
  124         Section 4. This act shall take effect July 1, 2016.