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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
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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 components 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 section. 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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arrangement with a wholesale distr ibutor 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 short -acting 88
bronchodilators or compo nents in instances of respiratory 89
distress for a student with a known diagnosis of asthma and if 90
approved by the school district for students with no known 91
diagnosis of asthma. 92
6. The supply of short -acting bronchodilators and 93
components may be provided to and used by a trained school 94
personnel member or a student authorized to self -administer a 95
short-acting bronchodilator and components. 96
7. A public school may accept short -acting bronchodilators 97
and components as a donation or transfer if they are new , 98
unexpired, manufacturer -sealed, not subject to recall, 99
unadulterated, and in compliance with relevant regulations 100
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adopted by the United States Food and Drug Administration. 101
8. A school nurse or trained school personnel shall only 102
administer short-acting bronchodilators and components to 103
students if they have successfully completed training and 104
believe in good faith that the student is experiencing 105
respiratory distress, regardless of whether the student has a 106
prescription for a short -acting bronchodilato r and components or 107
has previously been diagnosed with asthma. 108
9. The school district or school shall provide written 109
notice to the parent of each student enrolled in the school 110
district or school of the school's adopted protocol. The public 111
school must receive prior permission from the parent or guardian 112
to administer a short -acting bronchodilator or components to a 113
student. 114
10. Notwithstanding any other provision of law to the 115
contrary, a school nurse or school personnel of a school 116
district trained in the administration of short -acting 117
bronchodilator and components who administers or attempts to 118
administer a short-acting bronchodilator or components in 119
compliance with this section and s. 768.13 and the school 120
district that employs the school nurse or the trained school 121
personnel are immune from civil or criminal liability as a 122
result of such administration or attempted administration of a 123
short-acting bronchodilator or components. 124
11.a. An authorized health care practitioner, acting in 125
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good faith and exercising reasonable care, is not subject to 126
discipline or other adverse action under any professional 127
licensure statute or rule and is immune from any civil or 128
criminal liability as a result of prescribing a short -acting 129
bronchodilator or components in accordance with this section. 130
b. A dispensing health care practitioner or pharmacist, 131
acting in good faith and exercising reasonable care, is not 132
subject to discipline or other adverse action under any 133
professional licensure statute or rule and is immune from any 134
civil or criminal liability as a result of dispensing a short -135
acting bronchodilator or components in accordance with this 136
section. 137
Section 2. Subsection (18) of section 1002.42, Florida 138
Statutes, is renumbered as subsection (19) and subsectio n (18) 139
is added to that section, to read: 140
1002.42 Private schools. — 141
(18) SHORT-ACTING BRONCHODILATOR USE. — 142
(a) As used in this paragraph, the term: 143
1. "Administer" means to give or directly apply a short -144
acting bronchodilator or components to a stu dent. 145
2. "Asthma" means a chronic lung disease that inflames and 146
narrows the airways, which can manifest as wheezing, chest 147
tightness, shortness of breath, and coughing. 148
3. "Authorized health care practitioner" means a physician 149
licensed under chapter 458 or chapter 459, a physician assistant 150
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licensed under chapter 458 or chapter 459, or an advanced 151
practice registered nurse licensed under chapter 464. 152
4. "Components" means devices used as part of clinically 153
recommended use of short -acting bronchodilators, which may 154
include spacers, valved holding chambers, or nebulizers. 155
5. "Respiratory distress" refers to an individual 156
experiencing difficulty breathing, which can be caused by a 157
multitude of medical factors, including chronic diseases such as 158
asthma. 159
6. "Short-acting bronchodilator" means a beta -2 agonist, 160
such as albuterol, used for the quick relief of asthma symptoms 161
and recommended by the National Heart, Lung, and Blood 162
Institute's National Asthma Education and Prevention Program 163
Guidelines for the Treatment of Asthma. These bronchodilators 164
may include an orally inhaled medication that contains a 165
premeasured single dose of albuterol or albuterol sulfate 166
delivered by a nebulizer or compressor device or by a pressured 167
metered-dose inhaler used to treat respiratory distress, 168
including, but not limited to, wheezing, shortness of breath, 169
and difficulty breathing, or another dosage of a short -acting 170
bronchodilator recommended in the Guidelines for the Treatment 171
of Asthma. 172
(b) Asthmatic students whose parent and physician provide 173
their approval to the school principal may carry a short -acting 174
bronchodilator and components on their person while in school. 175
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The school principal shall be provided a copy of the parent's 176
and physician's approva l. 177
(c) An authorized health care practitioner may prescribe 178
short-acting bronchodilators and components in the name of a 179
private school for use in accordance with this section, and a 180
licensed pharmacist may dispense short -acting bronchodilators 181
and components pursuant to a prescription issued in the name of 182
a private school for use in accordance with this section. 183
(d) A private school may acquire and stock a supply of 184
short-acting bronchodilators and components from a wholesale 185
distributor as defined in s. 499.003 or may enter into an 186
arrangement with a wholesale distributor or manufacturer as 187
defined in s. 499.003 for short -acting bronchodilators and 188
components at fair-market, free, or reduced prices pursuant to a 189
prescription issued in accordance with this section. The short -190
acting bronchodilators and components must be maintained in a 191
secure location on the school premises. 192
(e) A participating private school must adopt a protocol 193
developed by a physician licensed under chapter 458 or chapter 194
459 for the administration of short -acting bronchodilators or 195
components by school personnel who are trained to recognize 196
symptoms of respiratory distress and to administer a short -197
acting bronchodilator or components. The protocol must provide 198
guidance for administering short-acting bronchodilators or 199
components in instances of respiratory distress for a student 200
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with a known diagnosis of asthma and if approved by the private 201
school for students with no known diagnosis of asthma. 202
(f) The supply of short -acting bronchodilators and 203
components may be provided to and used by a trained school 204
personnel member or a student authorized to self -administer a 205
short-acting bronchodilator and components. 206
(g) A private school may accept short -acting 207
bronchodilators and compo nents as a donation or transfer if they 208
are new, unexpired, manufacturer -sealed, not subject to recall, 209
unadulterated, and in compliance with relevant regulations 210
adopted by the United States Food and Drug Administration. 211
(h) A school nurse or trained sc hool personnel shall only 212
administer short-acting bronchodilators and components to 213
students if they have successfully completed training and 214
believe in good faith that the student is experiencing 215
respiratory distress, regardless of whether the student has a 216
prescription for a short -acting bronchodilator and components or 217
has previously been diagnosed with asthma. 218
(i) The private school shall provide written notice to the 219
parent of each student enrolled in the private school of the 220
school's adopted protoc ol. The private school must receive prior 221
permission from the parent or guardian to administer a short -222
acting bronchodilator or components to a student. 223
(j) Notwithstanding any other provision of law to the 224
contrary, a school nurse or school personnel of a private school 225
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trained in the administration of short -acting bronchodilator and 226
components who administers or attempts to administer a short -227
acting bronchodilator or components in compliance with this 228
section and s. 768.13 and the private school that em ploys the 229
school nurse or the trained school personnel are immune from 230
civil or criminal liability as a result of such administration 231
or attempted administration of a short -acting bronchodilator or 232
components. 233
(k)1. An authorized health care practitioner, acting in 234
good faith and exercising reasonable care, is not subject to 235
discipline or other adverse action under any professional 236
licensure statute or rule and is immune from any civil or 237
criminal liability as a result of prescribing a short -acting 238
bronchodilator or components in accordance with this section. 239
2. A dispensing health care practitioner or pharmacist, 240
acting in good faith and exercising reasonable care, is not 241
subject to discipline or other adver se action under any 242
professional licensure statute or rule and is immune from any 243
civil or criminal liability as a result of dispensing a short -244
acting bronchodilator or components in accordance with this 245
section. 246
Section 3. This act shall take effect July 1, 2024. 247