FLORIDA DEPARTMENT OF EDUCATION
?
STATE BOARD OF EDUCATION
?
John L. Winn
Commissioner of Education
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
DONNA G. CALLAWAY
JULIA L. JOHNSON
ROBERTO MARTÍNEZ
PHOEBE RAULERSON
LINDA K. TAYLOR
MEMORANDUM
Contact Information:
Dianne Mennitt
TO:
District School Superintendents
(850) 922-3727
FROM:
Jeanine Blomberg, Chief of Staff
dmennitt@tempest.coedu.usf.edu
K12: 2005-93
DATE:
July 21, 2005
SUBJECT:
2005 Legislation: HB 279 “Kelsey Ryan Act”
Coordinating efforts for a seamless education system that promotes student achievement in a safe
learning environment continues to be a major focus of the Department of Education. House Bill
(HB) 279 passed and was signed into law by the Governor due to an increasing number of
students with life-threatening allergies. The legislation amends Section 1002.20, Florida Statutes.
A copy of the enrolled bill is attached.
The “Kelsey Ryan Act” specifies that a public school student who has life-threatening allergic
reactions may carry an epinephrine auto-injector and self-administer epinephrine by auto-injector
while in school, participating in school-sponsored activities, or in transit to or from school or
school-sponsored activities if the school has been provided with parental and physician
authorization. A severe life-threatening allergic reaction is called anaphylaxis. Anaphylaxis is a
medical emergency and may be fatal.
Key provisions of the legislation include the following:
•
?
This legislation amends subsection (3) Health Issues of section 1002.20, Florida Statutes,
to add paragraph (i) for epinephrine use.
•
?
The State Board of Education, in cooperation with the Department of Health, shall adopt
rules for the use of epinephrine auto-injectors that shall include provisions to protect the
safety of all students from the misuse or abuse of auto-injectors.
JEANINE BLOMBERG
CHIEF OF STAFF
325 W. GAINES STREET • SUITE 1514 • TALLAHASSEE, FL 32399-0400 • (850) 245-9663 • www.fldoe.org
2005 Legislation: “Kelsey Ryan Act”
?
July 21, 2005
?
Page Two
?
•
?
A school district, county health department, public-private partner, and their employees
and volunteers shall be indemnified (held harmless) by the parent of a student authorized
to carry an epinephrine auto-injector for any and all liability with respect to the student’s
use of an epinephrine auto-injector.
In accordance with current Florida law, many of Florida’s school districts have adopted policies
and procedures regarding administration of emergency injectable medication. Section 1006.062,
Florida Statutes, and Rule 64F-6.004, Florida Administrative Code, require successful
completion of child-specific training, as well as first aid and cardiopulmonary resuscitation
(CPR) provisions consistent with implementation of HB 279.
As this Act takes effect January 1, 2006, we look forward to working with you and appreciate
your continued efforts to ensure a safe learning environment for all students. If you have
questions regarding implementation of this legislation, please contact Ms. Dianne Mennitt,
School Nurse Consultant, via email at dmennitt@tempest.coedu.usf.edu or by telephone at (850)
922-3735, SunCom 292-3735.
JB/dm
Attachments:
HB 279 (Enrolled)
Section 1006.062, Florida Statutes
Rule 64F-6.004, Florida
Administrative Code
cc:
District School Health Coordinators
District Student Services Directors
Sylvia Byrd, Executive Nursing Director for School Health