Notice of Development of Rulemaking

DEPARTMENT OF EDUCATION
State Board of Education
Rule No. : RULE TITLE :
6A-6.0251: Use of Epinephrine Auto-Injectors.
PURPOSE AND EFFECT: The purpose and effect of this rule development is to address self-administration of medication by students with certain health conditions enrolled in the public school system.
SUBJECT AREA TO BE ADDRESSED: Follow-up comments from the rule development workshop that was held on March 29, 2011, regarding management of student health conditions.
RULEMAKING AUTHORITY: 1002.20(3)(h)-(k) FS.
LAW IMPLEMENTED: 1002.20(3)(h)-(k) FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 25, 2011, 9:00 a.m.
PLACE: Conference Call #: 1(888)808-6959, Code: 5863745134. Please do not call in until time for the call (maybe 1-2 minutes prior).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bambi J. Lockman, Chief, Bureau of Exceptional Education and Student Services, Division of Public Schools, 325 West Gaines Street, Suite 614, Tallahassee, Florida 32399, (850)245-0475

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

6A-6.0251 Management Use of Student Health Conditions Epinephrine Auto-Injectors.

(1) Definitions.

(a) Self-Administration. Self-administration shall mean that the student with certain chronic health conditions as specified in Section 1002.20(3), F.S., that includes: anaphylaxis, asthma, cystic fibrosis, and diabetes is able to self-manage medication, supplies, and equipment utilize the epinephrine auto-injector in the manner directed by the licensed healthcare provider without additional assistance or direction.

(b) Anaphylaxis. Anaphylaxis is a medical term for the life-threatening allergic reactions that may occur when allergic individuals are exposed to specific allergens. Anaphylaxis is a collection of symptoms affecting multiple systems in the body.

(c) Asthma. Asthma is an inflammatory disorder of the airways that impairs breathing. Asthma management is classified according to severity and control of asthma symptoms Epinephrine Auto-injector. Epinephrine auto-injector is a prescription medication (epinephrine) in a specific dose-for-weight device that is packaged for self-delivery in the event of a life-threatening allergic reaction.

(d) Pancreatic Insufficiency. Pancreatic insufficiency includes the diagnosis of cystic fibrosis, a disease that affects the lungs and digestive system. Emergency Action Plan. Emergency action plan is a child-specific action plan that is developed for an anticipated health emergency in the school setting. The Emergency Action Plan (EAP) is a component of the Individual Health Care Plan (IHCP) developed in accordance with Section 1006.062, F.S., and Rule 64F-6.004, F.A.C.

(e) Diabetes is a disease that impairs the body’s ability to produce or properly use insulin, a hormone that is needed to convert food into energy. Diabetes management includes routine and emergency care of students with diabetes.

(f) Medical Management Plan. Written authorization from the healthcare provider to meet the medical needs of the student with a chronic health condition in school and school sponsored activities.

(g) Individual Health Care Plan. A plan developed by the registered nurse (RN) in collaboration with students, family and health care team based on the medical management plan for the student with certain chronic health conditions in the school setting or school-sponsored activities, which includes delegation as appropriate. The Individual Health Care Plan (IHCP) shall include provisions for child-specific training in accordance with Section 1006.062(4), F.S.

(h) Emergency Action Plan. Emergency action plan is a child-specific action plan that is developed for an anticipated health emergency in the school setting. The Emergency Action Plan (EAP) is a component of the IHCP developed in accordance with Section 1006.062, F.S., and Rule 64F-6.004, F.A.C.

(2) A medical management plan from the healthcare provider and parent/guardian consent is required for a student to carry and self-manage medication, supplies, and equipment in accordance with Section 1002.20, F.S. The RN in conjunction with the parent/guardian and health care team shall assess the ability of the student to safely and effectively self-manage their health condition while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities. A written authorization is required from the physician and parent/guardians for a student to carry an epinephrine auto-injector and self-administer epinephrine by auto-injector in accordance with Section 1002.20, F.S.

(3) The RN shall develop an annual IHCP that includes an EAP, in cooperation with the student, parent/guardians, healthcare provider, and school personnel for the student with a chronic health condition as specified in Section 1002.20(3), F.S., that includes: anaphylaxis, asthma, cystic fibrosis and diabetes. In accordance with subsection 64F-6.004(4), F.A.C., the school nurse shall develop an annual IHCP that includes an EAP, in cooperation with the student, parent/guardians, healthcare provider, and school personnel for the student with life-threatening allergies.

(4) The IHCP shall include provisions for child-specific training in accordance with Section 1006.062(4), F.S., to protect the safety of all students from the misuse or abuse of auto-injectors. The EAP component shall specify when that the emergency number (911) will be called immediately for an anaphylaxis event and describe a plan of action if the student needs assistance or is unable to self-administer medication or self-manage treatment as prescribed perform self-administration of the epinephrine auto-injector.

(5) The school district shall ensure that procedures are in place to protect the safety of all students from the misuse or abuse of medication, supplies, or equipment.

(6) Commencing with the 2012-2013 school year, school districts are encouraged to develop and implement strategies for training school personnel in diabetes care in accordance with Section 1006.062(4), F.S., and the local school health services plan as defined in Section 381.0056, F.S.

Rulemaking Specific Authority 1002.20(3)(h)-(k)(i) FS. Law Implemented 1002.20(3)(h)-(k)(i) FS. History–New 3-24-08, Amended________.