Florida Senate - 2025 SB 1736 By Senator Grall 29-00687-25 20251736__ 1 A bill to be entitled 2 An act relating to insulin administration by direct 3 support professionals and relatives; amending s. 4 393.063, F.S.; defining the term direct-support 5 professional; creating s. 393.504, F.S.; authorizing 6 direct-support professionals and relatives of clients 7 in group home facilities for individuals with 8 developmental disabilities to administer insulin as 9 prescribed to the client if specified conditions are 10 met; providing group home facilities, direct-support 11 professionals, and relatives of clients with immunity 12 from civil liability for damages and civil and 13 criminal penalties under certain circumstances; 14 amending s. 1002.394, F.S.; conforming a cross 15 reference; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1.Present subsections (13) through (46) of section 20 393.063, Florida Statutes, are redesignated as subsections (14) 21 through (47), respectively, and a new subsection (13) is added 22 to that section, to read: 23 393.063Definitions.For the purposes of this chapter, the 24 term: 25 (13)Direct-support professional means a person paid to 26 provide services directly to a client receiving home and 27 community-based services to address activities of daily living 28 or instrumental activities of daily living, behavioral supports, 29 employment supports, or other services to promote community 30 integration of the client. 31 Section 2.Section 393.504, Florida Statutes, is created to 32 read: 33 393.504Administration of insulin. 34 (1)Notwithstanding any other law, a direct-support 35 professional or a clients relative may administer insulin to a 36 client residing in a group home facility if all of the following 37 conditions have been met: 38 (a)The group home facility has an established procedure to 39 provide training to the direct-support professional or relative 40 in the administration of insulin. The training must be provided 41 by a registered nurse, a licensed practical nurse, or an 42 advanced practice registered nurse licensed under chapter 464; a 43 physician licensed under chapter 458 or chapter 459; or a 44 physician assistant licensed under chapter 458 or chapter 459. 45 (b)The group home facility has adopted policies and 46 procedures governing the administration of insulin by direct 47 support professionals and relatives. The policies and procedures 48 must include, but need not be limited to, the following 49 provisions: 50 1.For clients requiring insulin, the group home facility 51 shall have on file the prescribed dosage of insulin required for 52 the client and proof of the direct-support professionals or 53 relatives training as required under paragraph (a). 54 2.The group home facility and the direct-support 55 professional or relative shall coordinate in advance before 56 insulin is administered to the client to avoid duplication in 57 administration. 58 3.The group home facility shall establish emergency 59 procedures related to the administration of insulin to clients. 60 4.The group home facility must certify any direct-support 61 professional or relative to administer insulin under this 62 section if he or she is in compliance with the requirements of 63 this section. 64 5.The group home facility must immediately notify a 65 direct-support professional or relative if he or she is not in 66 compliance with this section and immediately cease to allow them 67 to administer insulin. 68 (2)A group home facility that complies with this section 69 and its established policies and procedures is immune from civil 70 liability for damages arising out of the administration of 71 insulin by a direct-support professional or a clients relative. 72 (3)A direct-support professional or relative administering 73 insulin to a client residing in a group home facility in 74 compliance with this section is immune from civil liability for 75 damages or civil or criminal penalties arising out of the 76 administration of insulin to the client. 77 Section 3.Paragraph (e) of subsection (2) of section 78 1002.394, Florida Statutes, is amended to read: 79 1002.394The Family Empowerment Scholarship Program. 80 (2)DEFINITIONS.As used in this section, the term: 81 (e)Disability means, for a 3- or 4-year-old child or for 82 a student in kindergarten to grade 12, autism spectrum disorder, 83 as defined in the Diagnostic and Statistical Manual of Mental 84 Disorders, Fifth Edition, published by the American Psychiatric 85 Association; cerebral palsy, as defined in s. 393.063; Down 86 syndrome, as defined in s. 393.063; an intellectual disability, 87 as defined in s. 393.063; a speech impairment; a language 88 impairment; an orthopedic impairment; any other health 89 impairment; an emotional or a behavioral disability; a specific 90 learning disability, including, but not limited to, dyslexia, 91 dyscalculia, or developmental aphasia; Phelan-McDermid syndrome, 92 as defined in s. 393.063; Prader-Willi syndrome, as defined in 93 s. 393.063; spina bifida, as defined in s. 393.063; being a 94 high-risk child, as defined in s. 393.063(23)(a) s. 95 393.063(22)(a); muscular dystrophy; Williams syndrome; rare 96 diseases which affect patient populations of fewer than 200,000 97 individuals in the United States, as defined by the National 98 Organization for Rare Disorders; anaphylaxis; a hearing 99 impairment, including deafness; a visual impairment, including 100 blindness; traumatic brain injury; hospital or homebound; or 101 identification as dual sensory impaired, as defined by rules of 102 the State Board of Education and evidenced by reports from local 103 school districts. The term hospital or homebound includes a 104 student who has a medically diagnosed physical or psychiatric 105 condition or illness, as defined by the state board in rule, and 106 who is confined to the home or hospital for more than 6 months. 107 Section 4.This act shall take effect July 1, 2025.