FL
Florida House Bill H0883

Florida 2024 Regular Session

Florida House Bill H0883 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to short -acting bronchodilator use in 2
1616 public and private schools; amending ss. 1002.20 and 3
1717 1002.42, F.S.; providing definitions; authorizing 4
1818 certain public and private school students to carry a 5
1919 short-acting bronchodilator and components; providing 6
2020 for public and private schools to receive prescribed 7
2121 short-acting bronchodilators and components in the 8
2222 school's name; authorizing public and privat e schools 9
2323 to acquire and stock a supply of short -acting 10
2424 bronchodilators and components through specified 11
2525 means; providing for the adoption of specified 12
2626 protocols relating to such short -acting 13
2727 bronchodilators and components; providing school 14
2828 district, public and private school, and parental 15
2929 requirements for the administration of such short -16
3030 acting bronchodilators and components; providing 17
3131 construction; providing an effective date. 18
3232 19
3333 Be It Enacted by the Legislature of the State of Florida: 20
3434 21
3535 Section 1. Paragraph (h) of subsection (3) of section 22
3636 1002.20, Florida Statutes, is amended to read: 23
3737 1002.20 K-12 student and parent rights. —Parents of public 24
3838 school students must receive accurate and timely information 25
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4747 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
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5151 regarding their child's academic progress and must be informed 26
5252 of ways they can help their child to succeed in school. K -12 27
5353 students and their parents are afforded numerous statutory 28
5454 rights including, but not limited to, the following: 29
5555 (3) HEALTH ISSUES.— 30
5656 (h) Short-acting bronchodilator Inhaler use.— 31
5757 1. As used in this paragraph, the term: 32
5858 a. "Administer" means to give or directly apply a short -33
5959 acting bronchodilator or components to a student. 34
6060 b. "Asthma" means a chronic lung disease that inflames and 35
6161 narrows the airways, which can manifest as wheezing, chest 36
6262 tightness, shortness of breath, and coughing. 37
6363 c. "Authorized health care practitioner" means a physician 38
6464 licensed under chapter 458 or chapter 459, a physician assistant 39
6565 licensed under chapter 458 or chapter 459, or an advanced 40
6666 practice registered nurse licensed under chapter 464. 41
6767 d. "Components" means devices used as part of clinically 42
6868 recommended use of short -acting bronchodilators, which may 43
6969 include spacers, valved holding chambers, or nebulizers. 44
7070 e. "Respiratory distress" refers to an individual 45
7171 experiencing difficulty breathing, which can be caused by a 46
7272 multitude of medical factors, including chronic diseases such as 47
7373 asthma. 48
7474 f. "Short-acting bronchodilator" means a beta -2 agonist, 49
7575 such as albuterol, used for the quick relief o f asthma symptoms 50
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8484 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
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8888 and recommended by the National Heart, Lung, and Blood 51
8989 Institute's National Asthma Education and Prevention Program 52
9090 Guidelines for the Treatment of Asthma. These bronchodilators 53
9191 may include an orally inhaled medication that contains a 54
9292 premeasured single dose of albuterol or albuterol sulfate 55
9393 delivered by a nebulizer or compressor device or by a pressured 56
9494 metered-dose inhaler used to treat respiratory distress, 57
9595 including, but not limited to, wheezing, shortness of breath, 58
9696 and difficulty breathing, or another dosage of a short -acting 59
9797 bronchodilator recommended in the Guidelines for the Treatment 60
9898 of Asthma. 61
9999 2. Asthmatic students whose parent and physician provide 62
100100 their approval to the school principal may carry a short-acting 63
101101 bronchodilator and components metered dose inhaler on their 64
102102 person while in school. The school principal shall be provided a 65
103103 copy of the parent's and physician's approval. 66
104104 3. An authorized health care practitioner may prescribe 67
105105 short-acting bronchodilators and components in the name of a 68
106106 public school for use in accordance with this section and a 69
107107 licensed pharmacist may dispense short -acting bronchodilators 70
108108 and components pursuant to a prescription issued in the name of 71
109109 a public school for use in accordance with this section. 72
110110 4. A public school may acquire and stock a supply of 73
111111 short-acting bronchodilators and components from a wholesale 74
112112 distributor as defined in s. 499.003 or may enter into an 75
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121121 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
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125125 arrangement with a wholesale distr ibutor or manufacturer as 76
126126 defined in s. 499.003 for short -acting bronchodilators and 77
127127 components at fair-market, free, or reduced prices pursuant to a 78
128128 prescription issued in accordance with this section. The short -79
129129 acting bronchodilators and components must be maintained in a 80
130130 secure location on a school's premises. 81
131131 5. A participating public school must adopt a protocol 82
132132 developed by a physician licensed under chapter 458 or chapter 83
133133 459 for the administration of short -acting bronchodilators or 84
134134 components by school personnel who are trained to recognize 85
135135 symptoms of respiratory distress and to administer a short -86
136136 acting bronchodilator or components. The school district and the 87
137137 protocol must provide guidance for administering short -acting 88
138138 bronchodilators or compo nents in instances of respiratory 89
139139 distress for a student with a known diagnosis of asthma and if 90
140140 approved by the school district for students with no known 91
141141 diagnosis of asthma. 92
142142 6. The supply of short -acting bronchodilators and 93
143143 components may be provided to and used by a trained school 94
144144 personnel member or a student authorized to self -administer a 95
145145 short-acting bronchodilator and components. 96
146146 7. A public school may accept short -acting bronchodilators 97
147147 and components as a donation or transfer if they are new , 98
148148 unexpired, manufacturer -sealed, not subject to recall, 99
149149 unadulterated, and in compliance with relevant regulations 100
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158158 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
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162162 adopted by the United States Food and Drug Administration. 101
163163 8. A school nurse or trained school personnel shall only 102
164164 administer short-acting bronchodilators and components to 103
165165 students if they have successfully completed training and 104
166166 believe in good faith that the student is experiencing 105
167167 respiratory distress, regardless of whether the student has a 106
168168 prescription for a short -acting bronchodilato r and components or 107
169169 has previously been diagnosed with asthma. 108
170170 9. The school district or school shall provide written 109
171171 notice to the parent of each student enrolled in the school 110
172172 district or school of the school's adopted protocol. The public 111
173173 school must receive prior permission from the parent or guardian 112
174174 to administer a short -acting bronchodilator or components to a 113
175175 student. 114
176176 10. Notwithstanding any other provision of law to the 115
177177 contrary, a school nurse or school personnel of a school 116
178178 district trained in the administration of short -acting 117
179179 bronchodilator and components who administers or attempts to 118
180180 administer a short-acting bronchodilator or components in 119
181181 compliance with this section and s. 768.13 and the school 120
182182 district that employs the school nurse or the trained school 121
183183 personnel are immune from civil or criminal liability as a 122
184184 result of such administration or attempted administration of a 123
185185 short-acting bronchodilator or components. 124
186186 11.a. An authorized health care practitioner, acting in 125
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195195 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
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197197
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199199 good faith and exercising reasonable care, is not subject to 126
200200 discipline or other adverse action under any professional 127
201201 licensure statute or rule and is immune from any civil or 128
202202 criminal liability as a result of prescribing a short -acting 129
203203 bronchodilator or components in accordance with this section. 130
204204 b. A dispensing health care practitioner or pharmacist, 131
205205 acting in good faith and exercising reasonable care, is not 132
206206 subject to discipline or other adverse action under any 133
207207 professional licensure statute or rule and is immune from any 134
208208 civil or criminal liability as a result of dispensing a short -135
209209 acting bronchodilator or components in accordance with this 136
210210 section. 137
211211 Section 2. Subsection (18) of section 1002.42, Florida 138
212212 Statutes, is renumbered as subsection (19) and subsectio n (18) 139
213213 is added to that section, to read: 140
214214 1002.42 Private schools. — 141
215215 (18) SHORT-ACTING BRONCHODILATOR USE. — 142
216216 (a) As used in this paragraph, the term: 143
217217 1. "Administer" means to give or directly apply a short -144
218218 acting bronchodilator or components to a stu dent. 145
219219 2. "Asthma" means a chronic lung disease that inflames and 146
220220 narrows the airways, which can manifest as wheezing, chest 147
221221 tightness, shortness of breath, and coughing. 148
222222 3. "Authorized health care practitioner" means a physician 149
223223 licensed under chapter 458 or chapter 459, a physician assistant 150
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232232 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
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234234
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236236 licensed under chapter 458 or chapter 459, or an advanced 151
237237 practice registered nurse licensed under chapter 464. 152
238238 4. "Components" means devices used as part of clinically 153
239239 recommended use of short -acting bronchodilators, which may 154
240240 include spacers, valved holding chambers, or nebulizers. 155
241241 5. "Respiratory distress" refers to an individual 156
242242 experiencing difficulty breathing, which can be caused by a 157
243243 multitude of medical factors, including chronic diseases such as 158
244244 asthma. 159
245245 6. "Short-acting bronchodilator" means a beta -2 agonist, 160
246246 such as albuterol, used for the quick relief of asthma symptoms 161
247247 and recommended by the National Heart, Lung, and Blood 162
248248 Institute's National Asthma Education and Prevention Program 163
249249 Guidelines for the Treatment of Asthma. These bronchodilators 164
250250 may include an orally inhaled medication that contains a 165
251251 premeasured single dose of albuterol or albuterol sulfate 166
252252 delivered by a nebulizer or compressor device or by a pressured 167
253253 metered-dose inhaler used to t reat respiratory distress, 168
254254 including, but not limited to, wheezing, shortness of breath, 169
255255 and difficulty breathing, or another dosage of a short -acting 170
256256 bronchodilator recommended in the Guidelines for the Treatment 171
257257 of Asthma. 172
258258 (b) Asthmatic students whose parent and physician provide 173
259259 their approval to the school principal may carry a short -acting 174
260260 bronchodilator and components on their person while in school. 175
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269269 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
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273273 The school principal shall be provided a copy of the parent's 176
274274 and physician's approval. 177
275275 (c) An authorized health care practitioner may prescribe 178
276276 short-acting bronchodilators and components in the name of a 179
277277 private school for use in accordance with this section, and a 180
278278 licensed pharmacist may dispense short -acting bronchodilators 181
279279 and components pursuant to a prescription issued in the name of 182
280280 a private school for use in accordance with this section. 183
281281 (d) A private school may acquire and stock a supply of 184
282282 short-acting bronchodilators and components from a wholesale 185
283283 distributor as defined in s. 499.003 or may enter into an 186
284284 arrangement with a wholesale distributor or manufacturer as 187
285285 defined in s. 499.003 for short -acting bronchodilators and 188
286286 components at fair-market, free, or reduced prices pursuant to a 189
287287 prescription issued in accordance with this section. The short-190
288288 acting bronchodilators and components must be maintained in a 191
289289 secure location on the school premises. 192
290290 (e) A participating private school must adopt a protocol 193
291291 developed by a physician licensed under chapter 458 or chapter 194
292292 459 for the administration of short -acting bronchodilators or 195
293293 components by school personnel who are trained to recognize 196
294294 symptoms of respiratory distress and to administer a short -197
295295 acting bronchodilator or components. The protocol must provide 198
296296 guidance for administer ing short-acting bronchodilators or 199
297297 components in instances of respiratory distress for a student 200
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306306 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
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310310 with a known diagnosis of asthma and if approved by the private 201
311311 school for students with no known diagnosis of asthma. 202
312312 (f) The supply of short -acting bronchodilators and 203
313313 components may be provided to and used by a trained school 204
314314 personnel member or a student authorized to self -administer a 205
315315 short-acting bronchodilator and components. 206
316316 (g) A private school may accept short -acting 207
317317 bronchodilators and component s as a donation or transfer if they 208
318318 are new, unexpired, manufacturer -sealed, not subject to recall, 209
319319 unadulterated, and in compliance with relevant regulations 210
320320 adopted by the United States Food and Drug Administration. 211
321321 (h) A school nurse or trained school personnel shall only 212
322322 administer short-acting bronchodilators and components to 213
323323 students if they have successfully completed training and 214
324324 believe in good faith that the student is experiencing 215
325325 respiratory distress, regardless of whether the student has a 216
326326 prescription for a short -acting bronchodilator and components or 217
327327 has previously been diagnosed with asthma. 218
328328 (i) The private school shall provide written notice to the 219
329329 parent of each student enrolled in the private school of the 220
330330 school's adopted protocol. The private school must receive prior 221
331331 permission from the parent or guardian to administer a short -222
332332 acting bronchodilator or components to a student. 223
333333 (j) Notwithstanding any other provision of law to the 224
334334 contrary, a school nurse or school personnel of a p rivate school 225
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343343 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
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347347 trained in the administration of short -acting bronchodilator and 226
348348 components who administers or attempts to administer a short -227
349349 acting bronchodilator or components in compliance with this 228
350350 section and s. 768.13 and the private school that employ s the 229
351351 school nurse or the trained school personnel are immune from 230
352352 civil or criminal liability as a result of such administration 231
353353 or attempted administration of a short -acting bronchodilator or 232
354354 components. 233
355355 (k)1. An authorized health care practitioner, acting in 234
356356 good faith and exercising reasonable care, is not subject to 235
357357 discipline or other adverse action under any professional 236
358358 licensure statute or rule and is immune from any civil or 237
359359 criminal liability as a result of prescribing a short -acting 238
360360 bronchodilator or components in accordance with this section. 239
361361 2. A dispensing health care practitioner or pharmacist, 240
362362 acting in good faith and exercising reasonable care, is not 241
363363 subject to discipline or other adver se action under any 242
364364 professional licensure statute or rule and is immune from any 243
365365 civil or criminal liability as a result of dispensing a short -244
366366 acting bronchodilator or components in accordance with this 245
367367 section. 246
368368 Section 3. This act shall take effect July 1, 2024. 247