SB 962 — Student Health

7.d.

8.e.

A school nurse or a trained school personnel shallmember onlymay administer short-acting bronchodilators andor components to students only if theythe havepersonnel member has successfully completed training and believebelieves in good faith that the student is experiencing respiratory distress or asthma-related distress, regardless of whether the student has a prescription for a short-acting bronchodilator and components or has previously been diagnosed with asthma.

9.f.

The school district or public school shall provide written notice toof the parentdistrict’s ofor eachschool’s studentadopted enrolledprotocol into theeach schoolparent district or schoolguardian. of the school’s adopted protocol.

The public school must receive prior permission from the parent or guardian to administer a short-actingshort- acting bronchodilator or components to a student.

10.g.

NotwithstandingA anyschool otherdistrict provisionand ofits lawemployees toand agents who act in good faith are not liable for any injury arising from the contrary,use or nonuse of a schoolshort-acting nursebronchodilator or schoolcomponents personneladministered ofby a trained school districtpersonnel trainedmember inor nurse who follows the administrationadopted ofprotocol short-actingand Pagewhose 6professional ofopinion 11is CODING:that the student is experiencing respiratory distress:

Page 6 of 11 CODING:

Florida Senate - 2024 CS for CS for SB 962 595-03343-24588-03022-24 2024962c22024962c1 bronchodilators(I) whoUnless administersthe ortrained attemptsschool topersonnel administermember’s aor short-actingnurse’s bronchodilatoraction inis compliancewillful with this section and s.wanton;

768.13,(II) andNotwithstanding that the schoolparent districtor thatguardian employsof the schoolstudent nurseto orwhom the trainedshort-acting schoolbronchodilator personnel,is areadministered immunehas fromnot civilbeen provided notice or criminalhas liabilitynot assigned a resultstatement ofacknowledging suchthat administrationthe orschool attempteddistrict administrationis ofnot aliable; short-acting bronchodilator.

11.a.and (III) Regardless of whether authorization has been given by the student’s parent or guardian or by the student’s physician, physician assistant, or advanced practice registered nurse.

Anh. authorized health care practitioner, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional licensure statute or rule and is immune from any civil or criminal liability as a result of prescribing a short-acting bronchodilator in accordance with this section.

b.An authorized health care practitioner or dispensing pharmacist who prescribes short-acting bronchodilators and components for use by a public school is immune from civil liability for any act or omission related to the administration of a short-acting bronchodilator or components, except for an act of willful or wanton misconduct.

A dispensing health care practitioner or pharmacist, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional licensure statute or rule and is immune from any civil or criminal liability as a result of dispensing a short- acting bronchodilator in accordance with this section.

PresentSubsection subsection(19) (18)is ofadded to section 1002.42, Florida Statutes, is redesignated as subsection (19), and a new subsection (18) is added to that section, to read:

1002.42 Private schools.— (18)(19) SHORT-ACTING BRONCHODILATOR USE.— (a) As used in this paragraph,subsection, the term:

“Administer” means to give or directly apply a short- acting bronchodilator or components to a student.

“Asthma” means a chronic lung disease that inflames and narrows the airways,airways whichand can manifest as wheezing, chest tightness, shortness of breath, and coughing.

3.

“Authorized health care practitioner” means a physician licensed under chapter 458 or chapter 459, a physician assistant licensed under chapter 458 or chapter 459, or an advanced practice registered nurse licensed under chapter 464.

Florida Senate - 2024 CS for CS for SB 962 595-03343-24588-03022-24 2024962c22024962c1 3.4.

“Authorized“Components” health care practitioner” means adevices physicianused licensedas underpart chapterof 458clinically orrecommended chapteruse 459,of ashort-acting physicianbronchodilators, assistantincluding licensedspacers, undervalved chapterholding 458chambers, or chapternebulizers. 459, or an advanced practice registered nurse licensed under chapter 464.

4.

“Components” means devices used as part of clinically recommended use of short-acting bronchodilators, which may include spacers, valved holding chambers, or nebulizers.

“Respiratory distress” refersmeans todifficulty anbreathing individualby experiencingan difficultyindividual, breathing, which can be caused by aseveral multitude of medical factors, including chronic diseases such as asthma.

“Short-acting bronchodilator” means aany beta-2 agonist, such as albuterol, which is used for the quick relief of asthma symptoms and is recommended by the National Heart, Lung, and Blood Institute’s National Asthma Education and Prevention Program Guidelines for the Treatment of Asthma.

TheseSuch bronchodilators may include an orally inhaled medication that contains a premeasured single dose of albuterol or albuterol sulfate delivered by a nebulizer or compressor device or by a pressured metered-dosemetered dose inhaler used to treat respiratory distress, including, but not limited to, wheezing, shortness of breath, and difficulty breathing, or another dosage of a short-acting bronchodilator recommended in the Guidelines for the Treatment of Asthma.

(b) Asthmatic students whose parent and physician provide their approval to the school principal may carry a short-acting bronchodilator and components on their person while in school.

The school principal shallmust be provided a copy of the parent’s and physician’s approval.

(c) An authorized health care practitioner may prescribe short-acting bronchodilators and components in the name of a private school for use in accordance with this section, and a licensed pharmacist may dispense short-acting bronchodilators and components pursuant to a prescription issued in the name of Page 8 of 11 CODING:

Florida Senate - 2024 CS for CS for SB 962 595-03343-24588-03022-24 2024962c22024962c1 (c) An authorized health care practitioner may prescribe short-acting bronchodilators and components in the name of a private school for use in accordance with this section, and a licensed pharmacist may dispense short-acting bronchodilators and components pursuant to a prescription issued in the name of a private school for use in accordance with this section.

(d) A private school may acquire and stock a supply of short-acting bronchodilators and componentscomponents, from a wholesale distributor as defined in s.

499.0031002.20(3)(h), orfrom may enter into an arrangement with a wholesale distributor or manufacturer as defined in s.

499.003 foror short-actingmay bronchodilatorsenter andinto componentsan atarrangement fair-market,with free,a orwholesale reduceddistributor pricesor pursuantmanufacturer, toas athose prescriptionterms issuedare defined in accordances. with this section.

The499.003, short-for actingshort-acting bronchodilators and components mustat beno maintainedcharge, ina fair market price, or a securereduced locationprice onfor use in the schoolevent premises.a student experiences an anaphylactic reaction or respiratory distress.

The short-acting bronchodilators and components must be maintained in a secure location on the school premises.

(f) The supply of short-acting bronchodilators and components may be provided to and used by a trained school personnel member or a student authorized to self-administer a short-acting bronchodilatorbronchodilator. and components.

(g) A private school may accept short-acting bronchodilators and components as a donation or transfer if they are new, unexpired, manufacturer-sealed, not subject to recall, Page 9 of 11 CODING:

Florida Senate - 2024 CS for CS for SB 962 595-03343-24588-03022-24 2024962c22024962c1 (e) A private school may accept short-acting bronchodilators and components as a donation or transfer if they are new, unexpired, manufacturer-sealed, not subject to recall, unadulterated, and in compliance with relevant regulations adopted by the United States Food and Drug Administration.

(f)(h) A school nurse or a trained school personnel shallmember onlymay administer short-acting bronchodilators andor components to students only if theythe havepersonnel member has successfully completed training and believebelieves in good faith that the student is experiencing respiratory distress or asthma-related distress, regardless of whether the student has a prescription for a short-acting bronchodilator and components or has previously been diagnosed with asthma.

(g)(i) TheA private school shall provide written notice to the parent of each student enrolled in the privateschool’s schooladopted ofprotocol theto school’seach adoptedparent protocol.or guardian.

TheA private school must receive prior permission from the parent or guardian to administer a short-short-acting acting bronchodilator or components to a student.

(h)(j) NotwithstandingA anyprivate otherschool provisionand ofits lawemployees toand theagents contrary,who aact schoolin nursegood orfaith schoolare personnelnot ofliable afor privateany schoolinjury trainedarising infrom the administrationuse ofor short-actingnonuse bronchodilatorsof whoa administersshort-acting bronchodilator or attemptscomponents toadministered administerby a short-actingtrained bronchodilatorschool inpersonnel compliancemember withor thisnurse sectionwho follows the adopted protocol and s.whose professional opinion is that the student is experiencing respiratory distress:

768.13,1. and the private school that employs the school nurse or the trained school personnel, are immune from civil or criminal liability as a result of such administration or attempted administration of a short-acting bronchodilator.

(i)1.Unless the trained school personnel member’s or nurse’s action is willful and wanton;

An2. authorized health care practitioner, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional Page 10 of 11 CODING:

Notwithstanding that the parent or guardian of the student to whom the short-acting bronchodilator is administered has not been provided notice or has not signed a statement acknowledging that the school is not liable;

and 3.

Regardless of whether authorization has been given by the student’s parents or guardians or by the student’s Page 10 of 11 CODING:

Florida Senate - 2024 CS for CS for SB 962 595-03343-24588-03022-24 2024962c22024962c1 licensurephysician, statutephysician orassistant, rule and is immune from any civil or criminaladvanced liabilitypractice asregistered anurse. result of prescribing a short-acting bronchodilator in accordance with this section.

2.(k) An authorized health care practitioner or dispensing pharmacist who prescribes short-acting bronchodilators and components for use by a private school is immune from civil liability for any act or omission related to the administration of a short-acting bronchodilator or components, except for an act of willful or wanton misconduct.

A dispensing health care practitioner or pharmacist, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional licensure statute or rule and is immune from any civil or criminal liability as a result of dispensing a short- acting bronchodilator in accordance with this section.