The purpose and effect 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.

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.:RULE TITLE:
6A-6.0252Use of Prescribed Pancreatic Enzyme Supplements
PURPOSE AND EFFECT: The purpose and effect 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.
SUMMARY: The proposed new rule was developed in cooperation with the Florida Department of Health (FDOH) to address self-administration of pancreatic enzyme medication for students 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 implementation of the rule will have no financial impact on the Department of Education as implementation will be done with existing resources. School districts may have some costs associated with additional training of staff but any costs are expected to be de minimus. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.
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), 1006.062(4) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 19, 2013, 8:00 a.m.
PLACE: Tallahassee, Florida (The physical location will be posted on the Department’s website no later than 14 days prior to the meeting at http://www.fldoe.org).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Monica Verra-Tirado, Chief, Bureau of Exceptional Education and Student Services, K-12 Public Schools, Department of Education, 325 West Gaines Street, Room 614, Tallahassee, Florida 32399, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0252 Use of Prescribed Pancreatic Enzyme Supplements.

(1) Definitions.

(a) Emergency Care Plan (ECP). An ECP is a child-specific action plan to facilitate quick and appropriate responses for an individual emergency in the school setting. The ECP may be a component of the Individualized Healthcare Plan (IHP) that is developed consistent with Sections 1002.20(3)(k) and 1006.062(4), F.S. The ECP shall specify when the emergency number (911) will be called and describe a plan of action when the student is unable to self-administer medication or self-manage treatment as prescribed.

(b) Individualized Health Care Plan (IHP). An IHP is a written plan of care developed at the local level to outline the provision of student healthcare services intended to achieve specific student outcomes. The IHP is part of the nursing process that is detailed in the National Association of School Nurses Position Statement: Individualized Healthcare Plans (2008), as incorporated by reference in Rule 6A-6.0253, Diabetes Management. The IHP is developed by a registered nurse (RN) in collaboration with the family, student, student’s health care providers, and school personnel for the management of pancreatic insufficiency or cystic fibrosis while in school, participating in school-sponsored activities, and in transit to or from school or school-sponsored activities. The IHP is child-specific and includes a written format for nursing assessment (health status, risks, concerns, and strengths), nursing diagnoses, interventions, delegation, training, expected outcomes, and goals to meet the health care needs of a student with pancreatic insufficiency or cystic fibrosis and to protect the safety of all students from the misuse or abuse of medication.

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

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

(2) With written authorization from the healthcare provider and parent, a student with pancreatic insufficiency or cystic fibrosis shall be allowed to carry and self-administer prescribed pancreatic enzymes.

Rulemaking Authority 1002.20(3)(k) FS. Law Implemented 1002.20(3)(k), 1006.062(4) FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, Division of Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tony Bennett, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 6, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 18, 2012