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Florida Senate - 2025 CS for CS for SB 1736 By the Appropriations Committee on Health and Human Services; the Committee on Children, Families, and Elder Affairs; and Senators Grall, Sharief, and Bradley 603-03461-25 20251736c2 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 providing that the administration of insulin includes 15 sliding scale insulin therapy; amending s. 393.506, 16 F.S.; authorizing unlicensed direct service providers 17 who meet certain requirements to administer and 18 supervise the self-administration of insulin and 19 epinephrine by certain methods; amending s. 1002.394, 20 F.S.; conforming a cross-reference; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1.Present subsections (13) through (46) of section 26 393.063, Florida Statutes, are redesignated as subsections (14) 27 through (47), respectively, and a new subsection (13) is added 28 to that section, to read: 29 393.063Definitions.For the purposes of this chapter, the 30 term: 31 (13)Direct-support professional means a person paid to 32 provide services directly to a client receiving home and 33 community-based services to address activities of daily living 34 or instrumental activities of daily living, behavioral supports, 35 employment supports, or other services to promote community 36 integration of the client. 37 Section 2.Section 393.504, Florida Statutes, is created to 38 read: 39 393.504Administration of insulin. 40 (1)Notwithstanding any other law, a direct-support 41 professional or a clients relative may administer insulin to a 42 client residing in a group home facility if all of the following 43 conditions have been met: 44 (a)The group home facility has an established procedure to 45 provide training to the direct-support professional or relative 46 in the administration of insulin. The training must be provided 47 by a registered nurse, a licensed practical nurse, or an 48 advanced practice registered nurse licensed under chapter 464; a 49 physician licensed under chapter 458 or chapter 459; or a 50 physician assistant licensed under chapter 458 or chapter 459. 51 (b)The group home facility has adopted policies and 52 procedures governing the administration of insulin by direct 53 support professionals and relatives. The policies and procedures 54 must include, but need not be limited to, the following 55 provisions: 56 1.For clients requiring insulin, the group home facility 57 shall have on file the prescribed dosage of insulin required for 58 the client and proof of the direct-support professionals or 59 relatives training as required under paragraph (a). 60 2.The group home facility and the direct-support 61 professional or relative shall coordinate in advance before 62 insulin is administered to the client to avoid duplication in 63 administration. 64 3.The group home facility shall establish emergency 65 procedures related to the administration of insulin to clients. 66 4.The group home facility must certify any direct-support 67 professional or relative to administer insulin under this 68 section if he or she is in compliance with the requirements of 69 this section. 70 5.The group home facility must immediately notify a 71 direct-support professional or relative if he or she is not in 72 compliance with this section and immediately cease to allow them 73 to administer insulin. 74 (2)A group home facility that complies with this section 75 and its established policies and procedures is immune from civil 76 liability for damages arising out of the administration of 77 insulin by a direct-support professional or a clients relative. 78 (3)A direct-support professional or relative administering 79 insulin to a client residing in a group home facility in 80 compliance with this section is immune from civil liability for 81 damages or civil or criminal penalties arising out of the 82 administration of insulin to the client. 83 (4)For the purposes of this section, the administration of 84 insulin includes sliding scale insulin therapy, to include the 85 calculation of an insulin dose based on current blood glucose 86 and the administration of that calculated dose subcutaneously 87 using an insulin pen containing premeasured doses or a syringe 88 filled with the calculated dose drawn from a vial of insulin. 89 Section 3.Subsection (1) of section 393.506, Florida 90 Statutes, is amended to read: 91 393.506Administration of medication. 92 (1)An unlicensed direct service provider may supervise the 93 self-administration of medication or may administer oral, 94 transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 95 topical prescription medications to a client if the unlicensed 96 direct service provider meets the requirements of this section. 97 This includes, but is not limited to, the subcutaneous 98 administration of insulin and epinephrine through an insulin 99 pen, epinephrine pen, or similar device designed for self 100 administration. 101 Section 4.Paragraph (e) of subsection (2) of section 102 1002.394, Florida Statutes, is amended to read: 103 1002.394The Family Empowerment Scholarship Program. 104 (2)DEFINITIONS.As used in this section, the term: 105 (e)Disability means, for a 3- or 4-year-old child or for 106 a student in kindergarten to grade 12, autism spectrum disorder, 107 as defined in the Diagnostic and Statistical Manual of Mental 108 Disorders, Fifth Edition, published by the American Psychiatric 109 Association; cerebral palsy, as defined in s. 393.063; Down 110 syndrome, as defined in s. 393.063; an intellectual disability, 111 as defined in s. 393.063; a speech impairment; a language 112 impairment; an orthopedic impairment; any other health 113 impairment; an emotional or a behavioral disability; a specific 114 learning disability, including, but not limited to, dyslexia, 115 dyscalculia, or developmental aphasia; Phelan-McDermid syndrome, 116 as defined in s. 393.063; Prader-Willi syndrome, as defined in 117 s. 393.063; spina bifida, as defined in s. 393.063; being a 118 high-risk child, as defined in s. 393.063(23)(a) s. 119 393.063(22)(a); muscular dystrophy; Williams syndrome; rare 120 diseases which affect patient populations of fewer than 200,000 121 individuals in the United States, as defined by the National 122 Organization for Rare Disorders; anaphylaxis; a hearing 123 impairment, including deafness; a visual impairment, including 124 blindness; traumatic brain injury; hospital or homebound; or 125 identification as dual sensory impaired, as defined by rules of 126 the State Board of Education and evidenced by reports from local 127 school districts. The term hospital or homebound includes a 128 student who has a medically diagnosed physical or psychiatric 129 condition or illness, as defined by the state board in rule, and 130 who is confined to the home or hospital for more than 6 months. 131 Section 5.This act shall take effect July 1, 2025.
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