FL
Florida House Bill H0597

Florida 2025 Regular Session

Florida House Bill H0597 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 diabetes management in schools; 2
1616 amending s. 1002.20, F.S.; defining terms; authorizing 3
1717 a school district or public school to acquire and 4
1818 maintain a supply of undesignated glucagon; requiring 5
1919 that undesignated glucagon be stored in a secu re 6
2020 location that is immediately accessible; authorizing a 7
2121 school district or public school to enter into 8
2222 arrangements with a manufacturer or supplier to obtain 9
2323 glucagon free of charge or at a fair market or reduced 10
2424 price; authorizing a school district or p ublic school 11
2525 to accept donated or transferred glucagon that meets 12
2626 certain requirements; authorizing a school district or 13
2727 public school to obtain monetary donations or apply 14
2828 for grants to purchase glucagon; authorizing a school 15
2929 district or public school to request a prescription 16
3030 for glucagon from a county health department; 17
3131 authorizing a licensed health care practitioner to 18
3232 prescribe glucagon in the name of a school district or 19
3333 public school; authorizing a licensed pharmacist to 20
3434 dispense glucagon pursuant to such prescription; 21
3535 requiring a participating school to make available 22
3636 undesignated glucagon to be administered as ordered in 23
3737 a student's diabetes medical management plan or health 24
3838 care practitioner's orders; requiring an employee to 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 call for emergency ass istance and provide parental 26
5252 notification after the administration of glucagon; 27
5353 requiring the State Board of Education to adopt rules; 28
5454 providing certain persons and entities with immunity 29
5555 from civil and criminal liability under certain 30
5656 circumstances; provi ding an effective date. 31
5757 32
5858 Be It Enacted by the Legislature of the State of Florida: 33
5959 34
6060 Section 1. Paragraph (j) of subsection (3) of section 35
6161 1002.20, Florida Statutes, is amended to read: 36
6262 1002.20 K-12 student and parent rights. —Parents of public 37
6363 school students must receive accurate and timely information 38
6464 regarding their child's academic progress and must be informed 39
6565 of ways they can help their child to succeed in school. K -12 40
6666 students and their parents are afforded numerous statutory 41
6767 rights including, but not limited to, the following: 42
6868 (3) HEALTH ISSUES.— 43
6969 (j) Diabetes management. — 44
7070 1. As used in this paragraph, the term: 45
7171 a. "Authorized health care practitioner" means a physician 46
7272 licensed under chapter 458 or chapter 459, a physician assistan t 47
7373 licensed under chapter 458 or chapter 459, or an advanced 48
7474 practice registered nurse licensed under chapter 464. 49
7575 b. "Participating school" means a public school which 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 maintains a supply of undesignated glucagon pursuant to this 51
8989 paragraph. 52
9090 c. "Undesignated glucagon" means a glucagon rescue therapy 53
9191 approved by the United States Food and Drug Administration that 54
9292 does not require reconstitution for the treatment of severe 55
9393 hypoglycemia in a dosage form that can be rapidly administered 56
9494 to the patient in an e mergency, including prefilled injectable 57
9595 or nasally administered glucagon, and is prescribed in the name 58
9696 of a public school or school district pursuant to this 59
9797 paragraph. 60
9898 2. A school district may not restrict the assignment of a 61
9999 student who has diabetes to a particular school on the basis 62
100100 that the student has diabetes, that the school does not have a 63
101101 full-time school nurse, or that the school does not have trained 64
102102 diabetes personnel. Diabetic students whose parent and physician 65
103103 provide their written autho rization to the school principal may 66
104104 carry diabetic supplies and equipment on their person and attend 67
105105 to the management and care of their diabetes while in school, 68
106106 participating in school -sponsored activities, or in transit to 69
107107 or from school or school -sponsored activities to the extent 70
108108 authorized by the parent and physician and within the parameters 71
109109 set forth by State Board of Education rule. The written 72
110110 authorization shall identify the diabetic supplies and equipment 73
111111 that the student is authorized to carry and shall describe the 74
112112 activities the child is capable of performing without 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 assistance, such as performing blood -glucose level checks and 76
126126 urine ketone testing, administering insulin through the insulin -77
127127 delivery system used by the student, and treating hy poglycemia 78
128128 and hyperglycemia. 79
129129 a. The State Board of Education, in cooperation with the 80
130130 Department of Health, shall adopt rules to encourage every 81
131131 school in which a student with diabetes is enrolled to have 82
132132 personnel trained in routine and emergency diabe tes care. The 83
133133 State Board of Education, in cooperation with the Department of 84
134134 Health, shall also adopt rules for the management and care of 85
135135 diabetes by students in schools that include provisions to 86
136136 protect the safety of all students from the misuse or abu se of 87
137137 diabetic supplies or equipment. 88
138138 b. A school district, county health department, and 89
139139 public-private partner, and the employees and volunteers of 90
140140 those entities, shall be indemnified by the parent of a student 91
141141 authorized to carry diabetic supplies or equipment for any and 92
142142 all liability with respect to the student's use of such supplies 93
143143 and equipment pursuant to this paragraph. 94
144144 3. A school district or public school may acquire and 95
145145 maintain a supply of undesignated glucagon for the purpose of 96
146146 treating a student with diabetes experiencing a hypoglycemic 97
147147 emergency. Undesignated glucagon must be stored in a secure 98
148148 location on the school's premises that is immediately accessible 99
149149 to a school nurse or other school personnel trained to 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 administer glucagon pur suant to this paragraph. Undesignated 101
163163 glucagon must be stored in accordance with the manufacturer's 102
164164 instructions. 103
165165 a. A school district or public school may acquire and 104
166166 stock a supply of glucagon from a wholesale distributor as 105
167167 defined in s. 499.003 or may enter into an arrangement with a 106
168168 wholesale distributor or manufacturer as defined in s. 499.003 107
169169 for glucagon at fair market, free, or reduced prices pursuant to 108
170170 a prescription issued in accordance with this section. 109
171171 b. A school district or public sch ool may accept donated 110
172172 or transferred glucagon if it is new, unexpired, manufacturer -111
173173 sealed, not subject to recall, unadulterated, and in compliance 112
174174 with relevant regulations adopted by the United States Food and 113
175175 Drug Administration. A school district or p ublic school may also 114
176176 obtain monetary donations or apply for grants to purchase 115
177177 glucagon. 116
178178 c. A school district or public school may request a 117
179179 prescription for glucagon from a county health department. 118
180180 4. An authorized health care practitioner may presc ribe 119
181181 glucagon in the name of a school district or public school for 120
182182 use in accordance with this section, and a licensed pharmacist 121
183183 may dispense glucagon pursuant to a prescription issued in the 122
184184 name of a school district or public school for use in accordan ce 123
185185 with this paragraph. 124
186186 5. A participating school shall make available 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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199199 undesignated glucagon that is able to be administered as ordered 126
200200 in a student's diabetes medical management plan or health care 127
201201 practitioner's orders. 128
202202 6. A school nurse or trained s chool personnel shall 129
203203 administer glucagon to students only if such school nurse or 130
204204 trained school personnel has successfully completed training and 131
205205 believe in good faith that the student is experiencing a 132
206206 hypoglycemic emergency. 133
207207 7. Immediately after unde signated glucagon has been 134
208208 administered to a student, an employee of the public school 135
209209 shall call for emergency assistance, notify the school nurse, 136
210210 and notify the student's parent or guardian or emergency 137
211211 contact. 138
212212 8. The State Board of Education, in coo peration with the 139
213213 Department of Health, shall adopt rules to implement the 140
214214 provisions of this paragraph. 141
215215 9. Notwithstanding any other provision of law to the 142
216216 contrary, a school nurse or school personnel of a school 143
217217 district trained in the administration of glucagon who 144
218218 administers or attempts to administer glucagon in compliance 145
219219 with this section and s. 768.13 and the school district that 146
220220 employs the school nurse or the trained school personnel are 147
221221 immune from civil or criminal liability as a result of su ch 148
222222 administration or attempted administration of glucagon. 149
223223 10.a. An authorized health care practitioner, acting in 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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236236 good faith and exercising reasonable care, is not subject to 151
237237 discipline or other adverse action under any professional 152
238238 licensure statute or rule and is immune from any civil or 153
239239 criminal liability as a result of prescribing glucagon in 154
240240 accordance with this section. 155
241241 b. A dispensing health care practitioner or pharmacist, 156
242242 acting in good faith and exercising reasonable care, is not 157
243243 subject to discipline or other adverse action under any 158
244244 professional licensure statute or rule and is immune from any 159
245245 civil or criminal liability as a result of dispensing glucagon 160
246246 in accordance with this section. 161
247247 Section 2. This act shall take effect July 1, 2025. 162