Bill Text: FL S1644 | 2024 | Regular Session | Introduced

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Bill Title: Student Health

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Education Pre-K -12 [S1644 Detail]

Download: Florida-2024-S1644-Introduced.html

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       Florida Senate - 2024                                    SB 1644
       
       
        
       By Senator Powell
       
       
       
       
       
       24-01286A-24                                          20241644__
    1                        A bill to be entitled                      
    2         An act relating to student health; providing a short
    3         title; amending s. 1002.20, F.S.; requiring each
    4         district school board to develop and implement a
    5         policy for the use of epinephrine auto-injectors;
    6         providing requirements for the policy; making
    7         technical changes; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. This act may be cited as the “Munoz Student
   12  Allergy Framework for Emergencies (SAFE) Act.”
   13         Section 2. Paragraph (i) of subsection (3) of section
   14  1002.20, Florida Statutes, is amended to read:
   15         1002.20 K-12 student and parent rights.—Parents of public
   16  school students must receive accurate and timely information
   17  regarding their child’s academic progress and must be informed
   18  of ways they can help their child to succeed in school. K-12
   19  students and their parents are afforded numerous statutory
   20  rights including, but not limited to, the following:
   21         (3) HEALTH ISSUES.—
   22         (i) Epinephrine use and supply.—
   23         1.a. A student who has experienced or is at risk for life
   24  threatening allergic reactions may carry an epinephrine auto
   25  injector and self-administer epinephrine by auto-injector while
   26  in school, participating in school-sponsored activities, or in
   27  transit to or from school or school-sponsored activities if the
   28  school has been provided with parental and physician
   29  authorization. The State Board of Education, in cooperation with
   30  the Department of Health, shall adopt rules for such use of
   31  epinephrine auto-injectors that shall include provisions to
   32  protect the safety of all students from the misuse or abuse of
   33  auto-injectors.
   34         b. Each district school board shall develop and implement a
   35  policy, in compliance with the rules adopted by the state board
   36  and the department, for the use of epinephrine auto-injectors in
   37  emergency situations. The policy must include:
   38         (I) Procedures for acquiring emergency epinephrine auto
   39  injectors and authorizing public schools to acquire emergency
   40  epinephrine auto-injectors, which must be maintained in a secure
   41  location on a public school’s premises for emergency use.
   42         (II) A protocol developed by a licensed physician to train
   43  school nurses and school personnel who volunteer to receive such
   44  training to identify a person who is suffering from anaphylaxis
   45  and administer an epinephrine auto-injection.
   46         (III) A procedure for authorizing public schools to
   47  designate school personnel to receive initial and annual
   48  training.
   49         c. A school district, county health department, public
   50  private partner, and their employees and volunteers shall be
   51  indemnified by the parent of a student authorized to carry an
   52  epinephrine auto-injector for any and all liability with respect
   53  to the student’s use of an epinephrine auto-injector pursuant to
   54  this paragraph.
   55         2. A public school may purchase a supply of epinephrine
   56  auto-injectors, in compliance with the policy of its district
   57  school board in sub-subparagraph 1.b., from a wholesale
   58  distributor as defined in s. 499.003 or may enter into an
   59  arrangement with a wholesale distributor or manufacturer as
   60  defined in s. 499.003 for the epinephrine auto-injectors at
   61  fair-market, free, or reduced prices for use in the event a
   62  student has an anaphylactic reaction. The epinephrine auto
   63  injectors must be maintained in a secure location on the public
   64  school’s premises. The participating school district shall adopt
   65  a protocol developed by a licensed physician for the
   66  administration by school personnel who are trained to recognize
   67  an anaphylactic reaction and to administer an epinephrine auto
   68  injection. The supply of epinephrine auto-injectors may be
   69  provided to and used by a student authorized to self-administer
   70  epinephrine by auto-injector under sub-subparagraph 1.a.
   71  subparagraph 1. or trained school personnel under sub
   72  subparagraph 1.b.
   73         3. The school district and its employees, agents, and the
   74  physician who provides the standing protocol for school
   75  epinephrine auto-injectors are not liable for any injury arising
   76  from the use of an epinephrine auto-injector administered by
   77  trained school personnel who follow the adopted protocol and
   78  whose professional opinion is that the student is having an
   79  anaphylactic reaction:
   80         a. Unless the trained school personnel’s action is willful
   81  and wanton;
   82         b. Notwithstanding that the parents or guardians of the
   83  student to whom the epinephrine is administered have not been
   84  provided notice or have not signed a statement acknowledging
   85  that the school district is not liable; and
   86         c. Regardless of whether authorization has been given by
   87  the student’s parents or guardians or by the student’s
   88  physician, physician assistant, or advanced practice registered
   89  nurse.
   90         Section 3. This act shall take effect July 1, 2024.