Florida 2025 2025 Regular Session

Florida House Bill H0597 Enrolled / Bill

Filed 04/16/2025

                            
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      1 
An act relating to diabetes management in schools; 2 
amending s. 1002.20, F.S.; defining terms; authorizing 3 
a school district or public school to acquire and 4 
maintain a supply of undesignated glucagon; requiring 5 
that undesignated glucagon be stored in a secure 6 
location that is immediately accessible; authorizing a 7 
school district or public school to enter into 8 
arrangements with a manufacturer or supplier to obt ain 9 
glucagon free of charge or at a fair market or reduced 10 
price; authorizing a school district or public school 11 
to accept donated or transferred glucagon that meets 12 
certain requirements; authorizing a school district or 13 
public school to obtain monetary do nations or apply 14 
for grants to purchase glucagon; authorizing a school 15 
district or public school to request a prescription 16 
for glucagon from a county health department; 17 
authorizing a licensed health care practitioner to 18 
prescribe glucagon in the name of a school district or 19 
public school; authorizing a licensed pharmacist to 20 
dispense glucagon pursuant to such prescription; 21 
requiring a participating school to make available 22 
undesignated glucagon to be administered as ordered in 23 
a student's diabetes medical m anagement plan or health 24 
care practitioner's orders; requiring an employee to 25          
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call for emergency assistance and provide parental 26 
notification after the administration of glucagon; 27 
requiring the State Board of Education to adopt rules; 28 
providing certain per sons and entities with immunity 29 
from civil and criminal liability under certain 30 
circumstances; providing an effective date. 31 
  32 
Be It Enacted by the Legislature of the State of Florida: 33 
 34 
 Section 1.  Paragraph (j) of subsection (3) of section 35 
1002.20, Florida Statutes, is amended to read: 36 
 1002.20  K-12 student and parent rights. —Parents of public 37 
school students must receive accurate and timely information 38 
regarding their child's academic progress and must be informed 39 
of ways they can help their child to succeed in school. K -12 40 
students and their parents are afforded numerous statutory 41 
rights including, but not limited to, the following: 42 
 (3)  HEALTH ISSUES.— 43 
 (j)  Diabetes management. — 44 
 1.  As used in this paragraph, the term: 45 
 a.  "Authorized health care practitioner" means a physician 46 
licensed under chapter 458 or chapter 459, a physician assistant 47 
licensed under chapter 458 or chapter 459, or an advanced 48 
practice registered nurse licensed under chapter 464. 49 
 b.  "Participating school" means a public school which 50          
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maintains a supply of undesignated glucagon pursuant to this 51 
paragraph. 52 
 c.  "Undesignated glucagon" means a glucagon rescue therapy 53 
approved by the United States Food and Drug Administration that 54 
does not require reconstitution for the treat ment of severe 55 
hypoglycemia in a dosage form that can be rapidly administered 56 
to the patient in an emergency, including prefilled injectable 57 
or nasally administered glucagon, and is prescribed in the name 58 
of a public school or school district pursuant to t his 59 
paragraph. 60 
 2. A school district may not restrict the assignment of a 61 
student who has diabetes to a particular school on the basis 62 
that the student has diabetes, that the school does not have a 63 
full-time school nurse, or that the school does not have trained 64 
diabetes personnel. Diabetic students whose parent and physician 65 
provide their written authorization to the school principal may 66 
carry diabetic supplies and equipment on their person and attend 67 
to the management and care of their diabetes while in school, 68 
participating in school -sponsored activities, or in transit to 69 
or from school or school -sponsored activities to the extent 70 
authorized by the parent and physician and within the parameters 71 
set forth by State Board of Education rule. The written 72 
authorization shall identify the diabetic supplies and equipment 73 
that the student is authorized to carry and shall describe the 74 
activities the child is capable of performing without 75          
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assistance, such as performing blood -glucose level checks and 76 
urine ketone testing, administering insulin through the insulin -77 
delivery system used by the student, and treating hypoglycemia 78 
and hyperglycemia. 79 
 a. The State Board of Education, in cooperation with the 80 
Department of Health, shall adopt rules to encourage every 81 
school in which a student with diabetes is enrolled to have 82 
personnel trained in routine and emergency diabetes care. The 83 
State Board of Education, in cooperation with the Department of 84 
Health, shall also adopt rules for the management and care of 85 
diabetes by students in schools that include provisions to 86 
protect the safety of all students from the misuse or abuse of 87 
diabetic supplies or equipment. 88 
 b. A school district, county health department, and 89 
public-private partner, and the employees and volunteers of 90 
those entities, shall be indemnified by the parent of a student 91 
authorized to carry diabetic supplies or equipment for any and 92 
all liability with respect to the student's use of such supplies 93 
and equipment pursuant to this paragraph. 94 
 3.  A school district or public school may acquire and 95 
maintain a supply of undesignated glucagon for the purpose of 96 
treating a student with diabetes experiencing a hypoglycemic 97 
emergency. Undesignated glucagon must be stored in a secure 98 
location on the school's premises that is i mmediately accessible 99 
to a school nurse or other school personnel trained to 100          
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administer glucagon pursuant to this paragraph. Undesignated 101 
glucagon must be stored in accordance with the manufacturer's 102 
instructions. 103 
 a.  A school district or public school may acquire and 104 
stock a supply of glucagon from a wholesale distributor as 105 
defined in s. 499.003 or may enter into an arrangement with a 106 
wholesale distributor or manufacturer as defined in s. 499.003 107 
for glucagon at fair market, free, or reduced prices pursuant to 108 
a prescription issued in accordance with this section. 109 
 b.  A school district or public school may accept donated 110 
or transferred glucagon if it is new, unexpired, manufacturer -111 
sealed, not subject to recall, u nadulterated, and in compliance 112 
with relevant regulations adopted by the United States Food and 113 
Drug Administration. A school district or public school may also 114 
obtain monetary donations or apply for grants to purchase 115 
glucagon. 116 
 c.  A school district or p ublic school may request a 117 
prescription for glucagon from a county health department. 118 
 4.  An authorized health care practitioner may prescribe 119 
glucagon in the name of a school district or public school for 120 
use in accordance with this section, and a licens ed pharmacist 121 
may dispense glucagon pursuant to a prescription issued in the 122 
name of a school district or public school for use in accordance 123 
with this paragraph. 124 
 5.  A participating school shall make available 125          
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undesignated glucagon that is able to be adm inistered as ordered 126 
in a student's diabetes medical management plan or health care 127 
practitioner's orders. 128 
 6.  A school nurse or trained school personnel shall 129 
administer glucagon to students only if such school nurse or 130 
trained school personnel has succe ssfully completed training and 131 
believe in good faith that the student is experiencing a 132 
hypoglycemic emergency. 133 
 7.  Immediately after undesignated glucagon has been 134 
administered to a student, an employee of the public school 135 
shall call for emergency assis tance, notify the school nurse, 136 
and notify the student's parent or guardian or emergency 137 
contact. 138 
 8.  The State Board of Education, in cooperation with the 139 
Department of Health, shall adopt rules to implement the 140 
provisions of this paragraph. 141 
 9.  Notwithstanding any other provision of law to the 142 
contrary, a school nurse or school personnel of a school 143 
district trained in the administration of glucagon who 144 
administers or attempts to administer glucagon in compliance 145 
with this section and s. 768.13 and the school district that 146 
employs the school nurse or the trained school personnel are 147 
immune from civil or criminal liability as a result of such 148 
administration or attempted administration of glucagon. 149 
 10.a.  An authorized health care practitioner, acting in 150          
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good faith and exercising reasonable care, is not subject to 151 
discipline or other adverse action under any professional 152 
licensure statute or rule and is immune from any civil or 153 
criminal liability as a result of prescribing glucagon in 154 
accordance with this section. 155 
 b.  A dispensing health care practitioner or pharmacist, 156 
acting in good faith and exercising reasonable care, is not 157 
subject to discipline or other adverse action under any 158 
professional licensure statute or rule and is immune from any 159 
civil or criminal liability as a result of dispensing glucagon 160 
in accordance with this section. 161 
 Section 2.  This act shall take effect July 1, 2025. 162