HB 883 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0883-00
Page 1 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to short -acting bronchodilator use in 2
public and private schools; amending ss. 1002.20 and 3
1002.42, F.S.; providing definitions; authorizing 4
certain public and private school students to carry a 5
short-acting bronchodilator and components; providing 6
for public and private schools to receive prescribed 7
short-acting bronchodilators and components in the 8
school's name; authorizing public and privat e schools 9
to acquire and stock a supply of short -acting 10
bronchodilators and components through specified 11
means; providing for the adoption of specified 12
protocols relating to such short -acting 13
bronchodilators and components; providing school 14
district, public and private school, and parental 15
requirements for the administration of such short -16
acting bronchodilators and components; providing 17
construction; providing an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Paragraph (h) of subsection (3) of section 22
1002.20, Florida Statutes, is amended to read: 23
1002.20 K-12 student and parent rights. —Parents of public 24
school students must receive accurate and timely information 25
HB 883 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0883-00
Page 2 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
regarding their child's academic progress and must be informed 26
of ways they can help their child to succeed in school. K -12 27
students and their parents are afforded numerous statutory 28
rights including, but not limited to, the following: 29
(3) HEALTH ISSUES.— 30
(h) Short-acting bronchodilator Inhaler use.— 31
1. As used in this paragraph, the term: 32
a. "Administer" means to give or directly apply a short -33
acting bronchodilator or components to a student. 34
b. "Asthma" means a chronic lung disease that inflames and 35
narrows the airways, which can manifest as wheezing, chest 36
tightness, shortness of breath, and coughing. 37
c. "Authorized health care practitioner" means a physician 38
licensed under chapter 458 or chapter 459, a physician assistant 39
licensed under chapter 458 or chapter 459, or a registered nurse 40
licensed under chapter 464. 41
d. "Components" means devices used as part of clinically 42
recommended use of short -acting bronchodilators, which may 43
include spacers, valved holding chambers, or nebulizers. 44
e. "Respiratory distress" refers to an individual 45
experiencing difficulty breathing, which can be caused by a 46
multitude of medical factors, including chronic diseases such as 47
asthma. 48
f. "Short-acting bronchodilator" means a beta -2 agonist, 49
such as albuterol, used for the quick relief of asthma symptoms 50
HB 883 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0883-00
Page 3 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and recommended by the National Heart, Lung, and Blood 51
Institute's National Asthma Education and Prevention Program 52
Guidelines for the Treatment of Asthma. These bronchodilators 53
may include an orally inhaled medication that contains a 54
premeasured single dos e of albuterol or albuterol sulfate 55
delivered by a nebulizer or by a pressured metered -dose inhaler 56
used to treat respiratory distress, including, but not limited 57
to, wheezing, shortness of breath, and difficulty breathing, or 58
another dosage of a short -acting bronchodilator recommended in 59
the Guidelines for the Treatment of Asthma. 60
2. Asthmatic students whose parent and physician provide 61
their approval to the school principal may carry a short-acting 62
bronchodilator and components metered dose inhaler on their 63
person while in school. The school principal shall be provided a 64
copy of the parent's and physician's approval. 65
3. An authorized health care practitioner may prescribe 66
short-acting bronchodilators and components in the name of a 67
public school for us e in accordance with this section and a 68
licensed pharmacist may dispense short -acting bronchodilators 69
and components pursuant to a prescription issued in the name of 70
a public school for use in accordance with this section. 71
4. A public school may acquire and stock a supply of 72
short-acting bronchodilators and components from a wholesale 73
distributor as defined in s. 499.003 or may enter into an 74
arrangement with a wholesale distributor or manufacturer as 75
HB 883 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0883-00
Page 4 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
defined in s. 499.003 f or short-acting bronchodilators and 76
components at fair-market, free, or reduced prices pursuant to a 77
prescription issued in accordance with this section. The short -78
acting bronchodilators and components must be maintained in a 79
secure location on a school's premises. The participating school 80
district shall adopt a protocol developed by a licensed 81
physician for administration of short -acting bronchodilators or 82
components by school personnel who are trained to recognize 83
symptoms of respiratory distress and to a dminister a short-84
acting bronchodilator and components. The supply of short -acting 85
bronchodilators and components may be provided to and used by a 86
trained school personnel member or a student authorized to self -87
administer a short-acting bronchodilator and components. 88
5. A public school may accept short -acting bronchodilators 89
and components as a donation or transfer if they are new, 90
unexpired, manufacturer -sealed, not subject to recall, 91
unadulterated, and in compliance with relevant regulations 92
adopted by the United States Food and Drug Administration. 93
6. A school nurse or trained school personnel shall only 94
administer short-acting bronchodilators and components to 95
students if they have successfully completed training and 96
believe in good faith that the st udent is experiencing severe 97
respiratory distress, regardless of whether the student has a 98
prescription for a short -acting bronchodilator and components or 99
has previously been diagnosed with asthma. 100
HB 883 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0883-00
Page 5 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
7. The school district or school shall provide written 101
notice to the parent of each student enrolled in the school 102
district or school of the school's adopted protocol and must 103
receive prior permission from a student's parent to administer a 104
short-acting bronchodilator or components in a respiratory 105
distress emergency. 106
8. A school district and its employees and agents who act 107
in good faith are not liable for any injury arising from the use 108
or non-use of a short-acting bronchodilator or components 109
administered by trained school personnel who follow the adopted 110
protocol and whose professional opinion is that the student is 111
experiencing respiratory distress: 112
a. Unless the trained school personnel's action is willful 113
and wanton. 114
b. Notwithstanding that the parents of the student to whom 115
the short-acting bronchodilator is administered have not been 116
provided notice or have not signed a statement acknowledging 117
that the school district is not liable. 118
c. Regardless of whether authorization has been given by 119
the student's parents or by the student's physician, physi cian 120
assistant, or advanced practice registered nurse. 121
9. Any authorized healthcare practitioner who prescribes, 122
or a dispensing pharmacist who fills, a prescription for a 123
short-acting bronchodilator and components for use by a school 124
is immune from civil liability for any act or omission to act 125
HB 883 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0883-00
Page 6 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
related to the administration of a short -acting bronchodilator 126
or components, except for an act of willful or wanton 127
misconduct. 128
Section 2. Subsection (18) of section 1002.42, Florida 129
Statutes, is renumbered a s subsection (19) and subsection (18) 130
is added to that section, to read: 131
1002.42 Private schools. — 132
(18) SHORT-ACTING BRONCHODILATOR USE. — 133
(a) As used in this paragraph, the term: 134
1. "Administer" means to give or directly apply a short -135
acting bronchodilator or components to a student. 136
2. "Asthma" means a chronic lung disease that inflames and 137
narrows the airways, which can manifest as wheezing, chest 138
tightness, shortness of breath, and coughing. 139
3. "Authorized health care practitioner" means a ph ysician 140
licensed under chapter 458 or chapter 459, a physician assistant 141
licensed under chapter 458 or chapter 459, or a registered nurse 142
licensed under chapter 464. 143
4. "Components" means devices used as part of clinically 144
recommended use of short -acting bronchodilators, which may 145
include spacers, valved holding chambers, or nebulizers. 146
5. "Respiratory distress" refers to an individual 147
experiencing difficulty breathing, which can be caused by a 148
multitude of medical factors, including chronic diseases su ch as 149
asthma. 150
HB 883 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0883-00
Page 7 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
6. "Short-acting bronchodilator" means a beta -2 agonist, 151
such as albuterol, used for the quick relief of asthma symptoms 152
and recommended by the National Heart, Lung, and Blood 153
Institute's National Asthma Education and Prevention Program 154
Guidelines for the Treatment of Asthma. These bronchodilators 155
may include an orally inhaled medication that contains a 156
premeasured single dose of albuterol or albuterol sulfate 157
delivered by a nebulizer or by a pressured metered -dose inhaler 158
used to treat respiratory distress, including, but not limited 159
to, wheezing, shortness of breath, and difficulty breathing, or 160
another dosage of a short -acting bronchodilator recommended in 161
the Guidelines for the Treatment of Asthma. 162
(b) Asthmatic students whose parent an d physician provide 163
their approval to the school principal may carry a short -acting 164
bronchodilator and components on their person while in school. 165
The school principal shall be provided a copy of the parent's 166
and physician's approval. 167
(c) An authorized h ealth care practitioner may prescribe 168
short-acting bronchodilators and components in the name of a 169
private school for use in accordance with this section, and a 170
licensed pharmacist may dispense short -acting bronchodilators 171
and components pursuant to a pres cription issued in the name of 172
a private school for use in accordance with this section. 173
(d) A private school may acquire and stock a supply of 174
short-acting bronchodilators and components from a wholesale 175
HB 883 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0883-00
Page 8 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
distributor as defined in s. 499.003 or may enter into an 176
arrangement with a wholesale distributor or manufacturer as 177
defined in s. 499.003 for short -acting bronchodilators and 178
components at fair-market, free, or reduced prices pursuant to a 179
prescription issued in accordance with this section. The short -180
acting bronchodilators and components must be maintained in a 181
secure location on the school premises. The participating school 182
shall adopt a protocol developed by a licensed physician for the 183
administration of a short -acting bronchodilator or components by 184
school personnel who are trained to recognize symptoms of 185
respiratory distress. The supply of short -acting bronchodilators 186
and components may be provided to and used by a trained school 187
personnel member or a student authorized to self -administer a 188
short-acting bronchodilator and components. 189
(e) A school nurse or trained school personnel shall only 190
administer short-acting bronchodilators and components to 191
students if they have successfully completed training and 192
believe in good faith that the student is e xperiencing severe 193
respiratory distress, regardless of whether the student has a 194
prescription for a short -acting bronchodilator and components or 195
has previously been diagnosed with asthma. 196
(f) The private school shall provide written notice to the 197
parent of each student enrolled in the private school of the 198
school's adopted protocol and must receive prior permission from 199
a student's parent to administer a short -acting bronchodilator 200
HB 883 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0883-00
Page 9 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or components in a respiratory distress emergency. 201
(g) The private scho ol and its employees and agents who 202
act in good faith are not liable for any injury arising from the 203
use or non-use of a short-acting bronchodilator or components 204
administered by trained school personnel who follow the adopted 205
protocol and whose profession al opinion is that the student is 206
experiencing respiratory distress: 207
1. Unless the trained school personnel's action is willful 208
and wanton. 209
2. Notwithstanding that the parents of the student to whom 210
the short-acting bronchodilator is administered have not been 211
provided notice or have not signed a statement acknowledging 212
that the private school is not liable. 213
3. Regardless of whether authorization has been given by 214
the student's parents or by the student's physician, physician 215
assistant, or advanced pr actice registered nurse. 216
(h) Any authorized healthcare practitioner who prescribes, 217
or a dispensing pharmacist who fills, a prescription for a 218
short-acting bronchodilator and components for use by a private 219
school is immune from civil liability for any act or omission to 220
act related to the administration of a short -acting 221
bronchodilator or components, except for an act of willful or 222
wanton misconduct. 223
Section 3. This act shall take effect July 1, 2024. 224