Florida Senate - 2019                                    SB 1064
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-02019A-19                                          20191064__
    1                        A bill to be entitled                      
    2         An act relating to student and parent rights; amending
    3         s. 1002.20, F.S.; authorizing a public school to
    4         purchase a supply or enter into an arrangement to
    5         receive a supply of the opioid antagonist naxolone for
    6         a certain purpose; specifying requirements for the
    7         maintenance of the naxolone; requiring the school
    8         district to adopt a protocol for the administration of
    9         the naxolone; providing that a school district and its
   10         employees, agents, and the physician who provides the
   11         protocol are not liable for any injury arising from
   12         the administration of the naxolone; providing
   13         exceptions; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (n) is added to subsection (3) of
   18  section 1002.20, Florida Statutes, to read:
   19         1002.20 K-12 student and parent rights.—Parents of public
   20  school students must receive accurate and timely information
   21  regarding their child’s academic progress and must be informed
   22  of ways they can help their child to succeed in school. K-12
   23  students and their parents are afforded numerous statutory
   24  rights including, but not limited to, the following:
   25         (3) HEALTH ISSUES.—
   26         (n) Naxolone use and supply.—
   27         1. A public school may purchase a supply of the opioid
   28  antagonist naxolone from a wholesale distributor as defined in
   29  s. 499.003 or may enter into an arrangement with a wholesale
   30  distributor or manufacturer as defined in s. 499.003 for
   31  naxolone at fair-market, free, or reduced prices for use in the
   32  event a student has an opioid overdose. The naxolone must be
   33  maintained in a secure location on the public school’s premises.
   34  The participating school district shall adopt a protocol
   35  developed by a licensed physician for the administration of the
   36  drug by school personnel who are trained to recognize an opioid
   37  overdose and to administer naxolone.
   38         2. The school district and its employees, agents, and the
   39  physician who provides the standing protocol for school naxolone
   40  are not liable for any injury arising from the use of the drug
   41  if it is administered by trained school personnel who follow the
   42  standing protocol and whose professional opinion is that the
   43  student is having an opioid overdose:
   44         a. Unless the trained school personnel’s action is willful
   45  and wanton;
   46         b. Notwithstanding that the parents or guardians of the
   47  student to whom the naxolone is administered have not been
   48  provided notice or have not signed a statement acknowledging
   49  that the school district is not liable; and
   50         c. Regardless of whether authorization has been given by
   51  the student’s parents or guardians or by the student’s
   52  physician, physician’s assistant, or advanced practice
   53  registered nurse.
   54         Section 2. This act shall take effect July 1, 2019.