Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-6.0252: Use of Prescribed Pancreatic Enzyme Supplements
PURPOSE AND EFFECT: The purpose of this new rule is to address self-administration of pancreatic enzyme medication by students diagnosed with pancreatic insufficiency or cystic fibrosis enrolled in the public school system. The effect will be the implementation of specific procedures by school districts regarding student administration of pancreatic enzymes.
SUMMARY: This new rule was developed in cooperation with the Florida Department of Health to address self-administration of pancreatic enzyme medication by students diagnosed with pancreatic insufficiency or cystic fibrosis.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on past Agency experiences with the implementation of rules of this nature, and the adverse impact or regulatory impact or regulatory cost, if any, do not exceed, nor would be expected to exceed, any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 1002.20(3)(k) FS.
LAW IMPLEMENTED: 1002.20(3)(k) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 25, 2012, 8:00 a.m.
PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Jane Tappen, Deputy Chancellor for Curriculum, Instruction, and Student Services, K-12 Public Schools, Department of Education, 325 West Gaines Street, Room 1502, Tallahassee, Florida 32399, (850)245-0509

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0252 Use of Prescribed Pancreatic Enzyme Supplements.

(1) Definitions.

(a) Pancreatic Insufficiency. Pancreatic insufficiency is a disorder of the digestive system. Pancreatic insufficiency includes the diagnosis of cystic fibrosis, a disease that affects the lungs and digestive system.

(b) Self-Administration. Self-administration shall mean that a student diagnosed with cystic fibrosis or pancreatic insufficiency is able to self-manage prescribed pancreatic enzyme therapy in the manner directed by the licensed healthcare provider without additional assistance or direction.

(2) Written authorization is required from the prescribing practitioner and parent for a student diagnosed with pancreatic insufficiency or cystic fibrosis to carry and self-administer prescribed pancreatic enzymes in accordance with Section 1002.20 (3)(k), Florida Statutes.

(3) The student’s individualized health care plan (IHCP) shall include provisions for child-specific training in accordance with Section 1006.062(4), Florida Statutes, to protect the safety of all students from the misuse or abuse of prescribed pancreatic enzyme supplements. The IHCP shall include an emergency action (EAP) component for anticipated health emergency(ies) when the student needs assistance or is unable to self-administer pancreatic enzymes as prescribed.

Rulemaking Authority 1002.20(3)(k) FS. Law Implemented 1002.20(3)(k) FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, K-12 Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 13, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 21, 2011