Florida Senate - 2024 SB 962
By Senator Hooper
21-00831B-24 2024962__
1 A bill to be entitled
2 An act relating to student health; amending s.
3 1002.20, F.S.; defining terms; revising a provision to
4 authorize asthmatic students to carry a short-acting
5 bronchodilator, rather than a metered dose inhaler;
6 authorizing authorized health care practitioners to
7 prescribe short-acting bronchodilators and components
8 in the name of a public school; authorizing licensed
9 pharmacists to dispense short-acting bronchodilators
10 and components in the name of a public school;
11 authorizing a public school to acquire and stock
12 short-acting bronchodilators and components from
13 wholesale distributors; authorizing a public school to
14 enter into certain arrangements with a wholesale
15 distributor or manufacturer; requiring a public school
16 that obtains short-acting bronchodilators and
17 components to maintain them in a secure location on
18 school premises; requiring certain public schools to
19 adopt a protocol developed by a licensed physician for
20 the administration of a short-acting bronchodilator
21 and components by school personnel; providing that a
22 public school’s short-acting bronchodilators and
23 components may be provided to and used by trained
24 school personnel or students authorized to self
25 administer a short-acting bronchodilator and
26 components; authorizing school districts to accept
27 short-acting bronchodilators and components as a
28 donation or transfer if the bronchodilators and
29 components meet specified requirements; providing
30 requirements for school personnel to administer a
31 short-acting bronchodilator to a student; requiring
32 school districts or public schools to provide written
33 notice of the adopted protocol to each parent or
34 guardian; requiring public schools to receive a parent
35 or guardian’s prior permission to administer a short
36 acting bronchodilator to a student; providing for
37 immunity from liability for specified individuals
38 under certain conditions; amending s. 1002.42, F.S.;
39 defining terms; authorizing certain students to carry
40 a short-acting bronchodilator at school under certain
41 conditions; authorizing authorized health care
42 practitioners to prescribe short-acting
43 bronchodilators and components in the name of a
44 private school; authorizing licensed pharmacists to
45 dispense short-acting bronchodilators and components
46 in the name of a private school; authorizing private
47 schools to acquire and stock short-acting
48 bronchodilators and components from wholesale
49 distributors; authorizing private schools to enter
50 into certain arrangements with a wholesale distributor
51 or manufacturer; requiring private schools that obtain
52 short-acting bronchodilators and components to
53 maintain them in a secure location on school premises;
54 requiring such private schools to adopt a protocol
55 developed by a licensed physician for the
56 administration of a short-acting bronchodilator by
57 school personnel; providing that a private school’s
58 bronchodilators may be provided to and used by trained
59 school personnel and by students authorized to self
60 administer short-acting bronchodilators; authorizing
61 private schools to accept short-acting bronchodilators
62 and components as a donation or transfer if the
63 bronchodilators and components meet specified
64 requirements; providing requirements for school
65 personnel to administer a short-acting bronchodilator
66 and components to a student; requiring private schools
67 to provide written notice of the adopted protocol to
68 each parent or guardian; requiring private schools to
69 receive a parent or guardian’s prior permission to
70 administer a short-acting bronchodilator and
71 components to a student; providing for immunity from
72 liability for specified individuals under certain
73 conditions; providing an effective date.
74
75 Be It Enacted by the Legislature of the State of Florida:
76
77 Section 1. Paragraph (h) of subsection (3) of section
78 1002.20, Florida Statutes, is amended to read:
79 1002.20 K-12 student and parent rights.—Parents of public
80 school students must receive accurate and timely information
81 regarding their child’s academic progress and must be informed
82 of ways they can help their child to succeed in school. K-12
83 students and their parents are afforded numerous statutory
84 rights including, but not limited to, the following:
85 (3) HEALTH ISSUES.—
86 (h) Short-acting bronchodilator Inhaler use.—
87 1. As used in this paragraph, the term:
88 a. “Administer” means to give or directly apply a short
89 acting bronchodilator to a student.
90 b. “Asthma” means a chronic lung disease that inflames and
91 narrows the airways and can manifest wheezing, chest tightness,
92 shortness of breath, and coughing.
93 c. “Authorized health care practitioner” means a physician
94 licensed under chapter 458 or chapter 459, a physician assistant
95 licensed under chapter 458 or chapter 459, or a registered nurse
96 licensed under chapter 464.
97 d. “Components” means devices used as part of clinically
98 recommended use of short-acting bronchodilators, including
99 spacers, valved holding chambers, or nebulizers.
100 e. “Respiratory distress” means difficulty breathing by an
101 individual, which can be caused by several medical factors,
102 including chronic diseases such as asthma.
103 f. “Short-acting bronchodilator” means any beta-2 agonist,
104 such as albuterol, which is used for the quick relief of asthma
105 symptoms and is recommended by the National Heart, Lung, and
106 Blood Institute. Such bronchodilators may include an orally
107 inhaled medication that contains a premeasured single dose of
108 albuterol or albuterol sulfate delivered by a nebulizer or
109 compressor device or by a pressured metered dose inhaler used to
110 treat respiratory distress, including, but not limited to,
111 wheezing, shortness of breath, and difficulty breathing, or
112 another dosage of a bronchodilator recommended by the National
113 Heart, Lung, and Blood Institute.
114 2. Asthmatic students whose parent and physician provide
115 their approval to the school principal may carry a short-acting
116 bronchodilator metered dose inhaler on their person while in
117 school. The school principal must shall be provided a copy of
118 the parent’s and physician’s approval.
119 3. An authorized health care practitioner may prescribe
120 short-acting bronchodilators and components in the name of a
121 public school for use in accordance with this section, and a
122 licensed pharmacist may dispense short-acting bronchodilators
123 and components pursuant to a prescription issued in the name of
124 a public school for use in accordance with this section.
125 4.a. A public school may acquire and stock a supply of
126 short-acting bronchodilators and components from a wholesale
127 distributor as defined in s. 499.003 or may enter into an
128 arrangement with a wholesale distributor or manufacturer, as
129 those terms are defined in s. 499.003, for short-acting
130 bronchodilators and components at no charge, a fair market
131 price, or a reduced price for use in the event a student
132 experiences an anaphylactic reaction or respiratory distress.
133 The short-acting bronchodilators and components must be
134 maintained in a secure location on a school’s premises. The
135 participating school district or public school shall adopt a
136 protocol developed by a licensed physician for administration of
137 short-acting bronchodilators or components by school personnel
138 who are trained to recognize symptoms of respiratory distress
139 and to administer a short-acting bronchodilator or components.
140 The supply of short-acting bronchodilators and components may be
141 provided to and used by a trained school personnel member or a
142 student authorized to self-administer a short-acting
143 bronchodilator or components.
144 b. A public school may accept short-acting bronchodilators
145 and components as a donation or transfer if they are new,
146 unexpired, manufacturer-sealed, not subject to recall,
147 unadulterated, and in compliance with relevant regulations
148 adopted by the United States Food and Drug Administration.
149 c. A school nurse or a trained school personnel member may
150 administer short-acting bronchodilators or components to
151 students only if the personnel member has successfully completed
152 training and believes in good faith that the student is
153 experiencing respiratory distress or asthma-related distress,
154 regardless of whether the student has a prescription for a
155 short-acting bronchodilator or has previously been diagnosed
156 with asthma.
157 d. The school district or public school shall provide
158 written notice of the district’s or school’s adopted protocol to
159 each parent or guardian. The public school must receive prior
160 permission from the parent or guardian to administer a short
161 acting bronchodilator or components to a student.
162 e. A school district and its employees and agents who act
163 in good faith are not liable for any injury arising from the use
164 or nonuse of a short-acting bronchodilator or components
165 administered by a trained school personnel member or nurse who
166 follows the adopted protocol and whose professional opinion is
167 that the student is experiencing respiratory distress:
168 (I) Unless the trained school personnel member’s or nurse’s
169 action is willful and wanton;
170 (II) Notwithstanding that the parent or guardian of the
171 student to whom the short-acting bronchodilator is administered
172 has not been provided notice or has not signed a statement
173 acknowledging that the school district is not liable; and
174 (III) Regardless of whether authorization has been given by
175 the student’s parent or guardian or by the student’s physician,
176 physician assistant, or advanced practice registered nurse.
177 f. An authorized health care practitioner or dispensing
178 pharmacist who prescribes short-acting bronchodilators and
179 components for use by a public school is immune from civil
180 liability for any act or omission related to the administration
181 of a short-acting bronchodilator or components, except for an
182 act of willful or wanton misconduct.
183 Section 2. Subsection (19) is added to section 1002.42,
184 Florida Statutes, to read:
185 1002.42 Private schools.—
186 (19) SHORT-ACTING BRONCHODILATOR USE.—
187 (a) As used in this subsection, the term:
188 1. “Administer” means to give or directly apply a short
189 acting bronchodilator to a student.
190 2. “Asthma” means a chronic lung disease that inflames and
191 narrows the airways and can manifest wheezing, chest tightness,
192 shortness of breath, and coughing.
193 3. “Authorized health care practitioner” means a physician
194 licensed under chapter 458 or chapter 459, a physician assistant
195 licensed under chapter 458 or chapter 459, or a registered nurse
196 licensed under chapter 464.
197 4. “Components” means devices used as part of clinically
198 recommended use of short-acting bronchodilators, including
199 spacers, valved holding chambers, or nebulizers.
200 5. “Respiratory distress” means difficulty breathing by an
201 individual, which can be caused by several medical factors,
202 including chronic diseases such as asthma.
203 6. “Short-acting bronchodilator” means any beta-2 agonist,
204 such as albuterol, which is used for the quick relief of asthma
205 symptoms and is recommended by the National Heart, Lung, and
206 Blood Institute. Such bronchodilators may include an orally
207 inhaled medication that contains a premeasured single dose of
208 albuterol or albuterol sulfate delivered by a nebulizer or
209 compressor device or by a pressured metered dose inhaler used to
210 treat respiratory distress, including, but not limited to,
211 wheezing, shortness of breath, and difficulty breathing, or
212 another dosage of a bronchodilator recommended by the National
213 Heart, Lung, and Blood Institute.
214 (b) Asthmatic students whose parent and physician provide
215 their approval to the school principal may carry a short-acting
216 bronchodilator on their person while in school. The school
217 principal must be provided a copy of the parent’s and
218 physician’s approval.
219 (c) An authorized health care practitioner may prescribe
220 short-acting bronchodilators and components in the name of a
221 private school for use in accordance with this section, and a
222 licensed pharmacist may dispense short-acting bronchodilators
223 and components pursuant to a prescription issued in the name of
224 a private school for use in accordance with this section.
225 (d) A private school may acquire and stock a supply of
226 short-acting bronchodilators and components, as defined in s.
227 1002.20(3)(h), from a wholesale distributor as defined in s.
228 499.003 or may enter into an arrangement with a wholesale
229 distributor or manufacturer, as those terms are defined in s.
230 499.003, for short-acting bronchodilators and components at no
231 charge, a fair market price, or a reduced price for use in the
232 event a student experiences an anaphylactic reaction or
233 respiratory distress. The short-acting bronchodilators and
234 components must be maintained in a secure location on the school
235 premises. The participating school shall adopt a protocol
236 developed by a licensed physician for the administration of a
237 short-acting bronchodilator or components by school personnel
238 who are trained to recognize symptoms of respiratory distress.
239 The supply of short-acting bronchodilators and components may be
240 provided to and used by a trained school personnel member or a
241 student authorized to self-administer a short-acting
242 bronchodilator or components.
243 (e) A private school may accept short-acting
244 bronchodilators and components as a donation or transfer if they
245 are new, unexpired, manufacturer-sealed, not subject to recall,
246 unadulterated, and in compliance with relevant regulations
247 adopted by the United States Food and Drug Administration.
248 (f) A school nurse or a trained school personnel member may
249 administer short-acting bronchodilators or components to
250 students only if the personnel member has successfully completed
251 training and believes in good faith that the student is
252 experiencing respiratory distress or asthma-related distress,
253 regardless of whether the student has a prescription for a
254 short-acting bronchodilator or has previously been diagnosed
255 with asthma.
256 (g) A private school shall provide written notice of the
257 school’s adopted protocol to each parent or guardian. A private
258 school must receive prior permission from the parent or guardian
259 to administer a short-acting bronchodilator or components to a
260 student.
261 (h) A private school and its employees and agents who act
262 in good faith are not liable for any injury arising from the use
263 or nonuse of a short-acting bronchodilator or components
264 administered by a trained school personnel member or nurse who
265 follows the adopted protocol and whose professional opinion is
266 that the student is experiencing respiratory distress:
267 1. Unless the trained school personnel member’s or nurse’s
268 action is willful and wanton;
269 2. Notwithstanding that the parent or guardian of the
270 student to whom the short-acting bronchodilator is administered
271 has not been provided notice or has not signed a statement
272 acknowledging that the school is not liable; and
273 3. Regardless of whether authorization has been given by
274 the student’s parents or guardians or by the student’s
275 physician, physician assistant, or advanced practice registered
276 nurse.
277 (i) An authorized health care practitioner or dispensing
278 pharmacist who prescribes short-acting bronchodilators and
279 components for use by a private school is immune from civil
280 liability for any act or omission related to the administration
281 of a short-acting bronchodilator or components, except for an
282 act of willful or wanton misconduct.
283 Section 3. This act shall take effect July 1, 2024.