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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXIX
Chapter 381
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F.S. 381.88
381.88 Emergency allergy treatment.
(1) This section and s. 381.885 may be cited as the “Emergency Allergy Treatment Act.”
(2) As used in this section and s. 381.885, the term:
(a) “Administer” means to directly apply an epinephrine auto-injector to the body of an individual.
(b) “Authorized entity” means an entity or organization at or in connection with which allergens capable of causing a severe allergic reaction may be present. The term includes, but is not limited to, restaurants, recreation camps, youth sports leagues, theme parks and resorts, and sports arenas. However, a school as described in s. 1002.20(3)(i) or s. 1002.42(17)(b) is an authorized entity for the purposes of s. 381.885(4) and (5) only.
(c) “Authorized health care practitioner” means a licensed practitioner authorized by the laws of the state to prescribe drugs or certified as an emergency medical technician, trained in accordance with applicable certification requirements, and currently employed by an organized first-response agency or a licensed ambulance service.
(d) “Department” means the Department of Health.
(e) “Epinephrine auto-injector” means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
(f) “Self-administration” means an individual’s discretionary administration of an epinephrine auto-injector on herself or himself.
(3) The purpose of this section is to provide for the certification of persons who administer lifesaving treatment to persons who have severe allergic reactions when a physician is not immediately available.
(4) The department may:
(a) Adopt rules necessary to administer this section.
(b) Conduct educational training programs as described in subsection (5) and approve programs conducted by other persons or governmental agencies.
(c) Issue and renew certificates of training to persons who have complied with this section and the rules adopted by the department.
(d) Collect fees necessary to administer this section.
(5) Educational training programs required by this section must be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the department. The curriculum must include at a minimum:
(a) Recognition of the symptoms of systemic reactions to food, insect stings, and other allergens; and
(b) The proper administration of an epinephrine auto-injector.
(6) A certificate of training may be given to a person who:
(a) Is 18 years of age or older;
(b) Has, or reasonably expects to have, responsibility for or contact with at least one other person as a result of his or her occupational or volunteer status, including, but not limited to, a camp counselor, scout leader, school teacher, forest ranger, tour guide, or chaperone; and
(c) Has successfully completed an educational training program as described in subsection (5) or holds a current state emergency medical technician certification with evidence of training in the recognition of a severe allergic reaction and the administration of an epinephrine auto-injector.
(7) A person who successfully completes an educational training program may obtain a certificate upon payment of an application fee of $25.
(8) A certificate issued pursuant to this section authorizes the holder to receive, upon presentment of the certificate, a prescription for epinephrine auto-injectors from an authorized health care practitioner or the department. The certificate also authorizes the holder, in an emergency situation when a physician is not immediately available, to possess and administer a prescribed epinephrine auto-injector to a person experiencing a severe allergic reaction.
History.s. 1, ch. 91-297; s. 816, ch. 95-148; s. 52, ch. 97-237; s. 1, ch. 2014-141; s. 16, ch. 2015-163; s. 1, ch. 2016-235.
Note.Former s. 402.60.