CS/CS/HB 883 2024
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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
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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 an advanced 40
practice registered nurse 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 o f asthma symptoms 50
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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 dose of albuterol or albuterol sulfate 55
delivered by a nebulizer or compressor device or by a pressured 56
metered-dose inhaler used to treat respiratory distress, 57
including, but not limited to, wheezing, shortness of breath, 58
and difficulty breathing, or another dosage of a short -acting 59
bronchodilator recommended in the Guidelines for the Treatment 60
of Asthma. 61
2. Asthmatic students whose parent and physician provide 62
their approval to the school principal may carry a short-acting 63
bronchodilator and components metered dose inhaler on their 64
person while in school. The school principal shall be provided a 65
copy of the parent's and physician's approval. 66
3. An authorized health care practitioner may prescribe 67
short-acting bronchodilators and componen ts in the name of a 68
public school for use in accordance with this section and a 69
licensed pharmacist may dispense short -acting bronchodilators 70
and components pursuant to a prescription issued in the name of 71
a public school for use in accordance with this se ction. 72
4. A public school may acquire and stock a supply of 73
short-acting bronchodilators and components from a wholesale 74
distributor as defined in s. 499.003 or may enter into an 75
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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
arrangement with a wholesale distributor or manufacturer as 76
defined in s. 499.003 for short -acting bronchodilators and 77
components at fair-market, free, or reduced prices pursuant to a 78
prescription issued in accordance with this section. The short -79
acting bronchodilators and components must be maintained in a 80
secure location on a school's premises. 81
5. A participating public school must adopt a protocol 82
developed by a physician licensed under chapter 458 or chapter 83
459 for the administration of short -acting bronchodilators or 84
components by school personnel who are trained to recognize 85
symptoms of respiratory distress and to administer a short -86
acting bronchodilator or components. The school district and the 87
protocol must provide guidance for administering sho rt-acting 88
bronchodilators in instances of respiratory distress for a 89
student with a known diagnosis of asthma and if approved by the 90
school district for students with no known diagnosis of asthma. 91
6. The supply of short -acting bronchodilators and 92
components may be provided to and used by a trained school 93
personnel member or a student authorized to self -administer a 94
short-acting bronchodilator and components. 95
7. A public school may accept short -acting bronchodilators 96
and components as a donation or tran sfer if they are new, 97
unexpired, manufacturer -sealed, not subject to recall, 98
unadulterated, and in compliance with relevant regulations 99
adopted by the United States Food and Drug Administration. 100
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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
8. A school nurse or trained school personnel shall only 101
administer short-acting bronchodilators and components to 102
students if they have successfully completed training and 103
believe in good faith that the student is experiencing 104
respiratory distress, regardless of whether the student has a 105
prescription for a short -acting bronchodilator and components or 106
has previously been diagnosed with asthma. 107
9. The school district or school shall provide written 108
notice to the parent of each student enrolled in the school 109
district or school of the school's adopted protocol. The public 110
school must receive prior permission from the parent or guardian 111
to administer a short -acting bronchodilator or components to a 112
student. 113
10. Notwithstanding any other provision of law to the 114
contrary, a school nurse or school personnel of a schoo l 115
district trained in the administration of short -acting 116
bronchodilator who administers or attempts to administer a 117
short-acting bronchodilator in compliance with this section and 118
s. 768.13 and the school district that employs the school nurse 119
or the trained school personnel are immune from civil or 120
criminal liability as a result of such administration or 121
attempted administration of a short -acting bronchodilator. 122
11.a. An authorized health care practitioner, acting in 123
good faith and exercising reasonable care, is not subject to 124
discipline or other adverse action under any professional 125
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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
licensure statute or rule and is immune from any civil or 126
criminal liability as a result of prescribing a short -acting 127
bronchodilator in accordance with this section. 128
b. A dispensing health care practitioner or pharmacist, 129
acting in good faith and exercising reasonable care, is not 130
subject to discipline or other adverse action under any 131
professional licensure statute or rule and is immune from any 132
civil or criminal liability as a result of dispensing a short -133
acting bronchodilator in accordance with this section. 134
Section 2. Subsection (18) of section 1002.42, Florida 135
Statutes, is renumbered as subsection (19) and subsection (18) 136
is added to that section, to read: 137
1002.42 Private schools.— 138
(18) SHORT-ACTING BRONCHODILATOR USE. — 139
(a) As used in this paragraph, the term: 140
1. "Administer" means to give or directly apply a short -141
acting bronchodilator or components to a student. 142
2. "Asthma" means a chronic lung disease th at inflames and 143
narrows the airways, which can manifest as wheezing, chest 144
tightness, shortness of breath, and coughing. 145
3. "Authorized health care practitioner" means a physician 146
licensed under chapter 458 or chapter 459, a physician assistant 147
licensed under chapter 458 or chapter 459, or an advanced 148
practice registered nurse licensed under chapter 464. 149
4. "Components" means devices used as part of clinically 150
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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
recommended use of short -acting bronchodilators, which may 151
include spacers, valved holding cha mbers, or nebulizers. 152
5. "Respiratory distress" refers to an individual 153
experiencing difficulty breathing, which can be caused by a 154
multitude of medical factors, including chronic diseases such as 155
asthma. 156
6. "Short-acting bronchodilator" means a beta -2 agonist, 157
such as albuterol, used for the quick relief of asthma symptoms 158
and recommended by the National Heart, Lung, and Blood 159
Institute's National Asthma Education and Prevention Program 160
Guidelines for the Treatment of Asthma. These bronchodilators 161
may include an orally inhaled medication that contains a 162
premeasured single dose of albuterol or albuterol sulfate 163
delivered by a nebulizer or compressor device or by a pressured 164
metered-dose inhaler used to treat respiratory distress, 165
including, but not limit ed to, wheezing, shortness of breath, 166
and difficulty breathing, or another dosage of a short -acting 167
bronchodilator recommended in the Guidelines for the Treatment 168
of Asthma. 169
(b) Asthmatic students whose parent and physician provide 170
their approval to the school principal may carry a short -acting 171
bronchodilator and components on their person while in school. 172
The school principal shall be provided a copy of the parent's 173
and physician's approval. 174
(c) An authorized health care practitioner may prescribe 175
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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
short-acting bronchodilators and components in the name of a 176
private school for use in accordance with this section, and a 177
licensed pharmacist may dispense short -acting bronchodilators 178
and components pursuant to a prescription issued in the name of 179
a private school for use in accordance with this section. 180
(d) A private school may acquire and stock a supply of 181
short-acting bronchodilators and components from a wholesale 182
distributor as defined in s. 499.003 or may enter into an 183
arrangement with a wholesale dist ributor or manufacturer as 184
defined in s. 499.003 for short -acting bronchodilators and 185
components at fair-market, free, or reduced prices pursuant to a 186
prescription issued in accordance with this section. The short -187
acting bronchodilators and components must be maintained in a 188
secure location on the school premises. 189
(e) A participating private school must adopt a protocol 190
developed by a physician licensed under chapter 458 or chapter 191
459 for the administration of short -acting bronchodilators or 192
components by school personnel who are trained to recognize 193
symptoms of respiratory distress and to administer a short -194
acting bronchodilator or components. The protocol must provide 195
guidance for administering short -acting bronchodilators in 196
instances of respiratory d istress for a student with a known 197
diagnosis of asthma and if approved by the private school for 198
students with no known diagnosis of asthma. 199
(f) The supply of short -acting bronchodilators and 200
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components may be provided to and used by a trained school 201
personnel member or a student authorized to self -administer a 202
short-acting bronchodilator and components. 203
(g) A private school may accept short -acting 204
bronchodilators and components as a donation or transfer if they 205
are new, unexpired, manufacturer -sealed, not subject to recall, 206
unadulterated, and in compliance with relevant regulations 207
adopted by the United States Food and Drug Administration. 208
(h) A school nurse or trained school personnel shall only 209
administer short-acting bronchodilators and components to 210
students if they have successfully completed training and 211
believe in good faith that the student is experiencing 212
respiratory distress, regardless of whether the student has a 213
prescription for a short -acting bronchodilator and components or 214
has previously been diagnosed with asthma. 215
(i) The private school shall provide written notice to the 216
parent of each student enrolled in the private school of the 217
school's adopted protocol. The private school must receive prior 218
permission from the parent or guardian to administer a short -219
acting bronchodilator or components to a student. 220
(j) Notwithstanding any other provision of law to the 221
contrary, a school nurse or school personnel of a private school 222
trained in the administration of short -acting bronchodilator w ho 223
administers or attempts to administer a short -acting 224
bronchodilator in compliance with this section and s. 768.13 and 225
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the private school that employs the school nurse or the trained 226
school personnel are immune from civil or criminal liability as 227
a result of such administration or attempted administration of a 228
short-acting bronchodilator. 229
(k)1. An authorized health care practitioner, acting in 230
good faith and exercising reasonable care, is not subject to 231
discipline or other adverse action under any profe ssional 232
licensure statute or rule and is immune from any civil or 233
criminal liability as a result of prescribing a short -acting 234
bronchodilator in accordance with this section. 235
2. A dispensing health care practitioner or pharmacist, 236
acting in good faith and exercising reasonable care, is not 237
subject to discipline or other adverse action under any 238
professional licensure statute or rule and is immune from any 239
civil or criminal liability as a result of dispensing a short -240
acting bronchodilator in accordance w ith this section. 241
Section 3. This act shall take effect July 1, 2024. 242