HB 731 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to drug -related overdose prevention; 2
amending s. 381.887, F.S.; revising the purpose of 3
specified provisions relating to the prescribing, 4
ordering, and dispensing of emergency opioid 5
antagonists to certain persons by authorized health 6
care practitioners; requiring the Florida Public 7
Health Institute, Inc., in consultation with the 8
Department of Health, to educate the public regarding 9
the use of emergency opioid antagonists; authorizing 10
pharmacists to order certain emergency opioid 11
antagonists; providing certain authorized persons 12
immunity from civil or criminal liability for 13
administering emergency opioid antagonists under 14
certain circumstances; authorizing civilian personnel 15
of law enforcement agencies to administer emergency 16
opioid antagonists under certain circumstances; 17
amending s. 395.1041, F.S.; requiring hospital 18
emergency departments and urgent care centers to 19
report incidents involving a suspected or actual 20
overdose to the department under certain 21
circumstances; providing requirements for the report; 22
requiring hospital emergency departments and urgent 23
care centers to use best efforts to report such 24
incidents to the department within a specified 25
HB 731 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
timeframe; amending s. 401.253, F.S.; requiring, 26
rather than authorizing, basic life support services 27
and advanced life support services to report incidents 28
involving a suspected or actual overdose of a 29
controlled substance within a specified timeframe; 30
providing an effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Subsections (2), (3), and (4) of section 35
381.887, Florida Statutes, are amended to read: 36
381.887 Emergency treatment for suspected opioid 37
overdose.— 38
(2)(a) The purpose of this section is to provide for the 39
prescribing, ordering, and dispe nsing prescription of emergency 40
opioid antagonists an emergency opioid antagonist to patients 41
and caregivers and to encourage the prescribing, ordering, and 42
dispensing prescription of emergency opioid antagonists by 43
authorized health care practitioners. 44
(b) The Florida Public Health Institute, Inc., in 45
consultation with the Department of Health, shall educate the 46
public regarding the use of emergency opioid antagonists in 47
accordance with s. 381.981(2)(r). 48
(3)(a) An authorized health care practitioner ma y 49
prescribe and dispense an emergency opioid antagonist to , and a 50
HB 731 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
pharmacist may order an emergency opioid antagonist with an 51
autoinjection delivery system or intranasal application delivery 52
system for, a patient or caregiver for use in accordance with 53
this section., and 54
(b) A pharmacist pharmacists may dispense an emergency 55
opioid antagonist pursuant to a prescription by an authorized 56
health care practitioner. A pharmacist may dispense an emergency 57
opioid antagonist with such a prescription or pursuant t o a non-58
patient-specific standing order for an autoinjection delivery 59
system or intranasal application delivery system, which must be 60
appropriately labeled with instructions for use , pursuant to a 61
pharmacist's order or pursuant to a nonpatient -specific standing 62
order. 63
(c) A such patient or caregiver is authorized to store and 64
possess approved emergency opioid antagonists and, in an 65
emergency situation when a physician is not immediately 66
available, administer the emergency opioid antagonist to a 67
person believed in good faith to be experiencing an opioid 68
overdose, regardless of whether that person has a prescription 69
for an emergency opioid antagonist. 70
(4) The following persons are authorized to possess, 71
store, and administer emergency opioid antagonists as clinically 72
indicated and are immune from any civil liability or criminal 73
liability as a result of administering an emergency opioid 74
antagonist: 75
HB 731 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) Emergency responders, including, but not limited to, 76
law enforcement officers, paramedics, and emergency medical 77
technicians. 78
(b) Crime laboratory personnel for the statewide criminal 79
analysis laboratory system as described in s. 943.32, including, 80
but not limited to, analysts, evidence intake personnel, and 81
their supervisors. 82
(c) Civilian personnel of a law enforcement agency, 83
including, but not limited to, employees of a sheriff's office 84
authorized to provide child protective investigative services 85
under s. 39.3065 and correctional probation officers who, while 86
acting within the scope or course of employ ment, come into 87
contact with controlled substances or persons at risk of 88
experiencing an opioid overdose. 89
Section 2. Subsection (8) is added to section 395.1041, 90
Florida Statutes, to read: 91
395.1041 Access to emergency services and care. — 92
(8) REPORTING OF CONTROLLED SUBSTANCE OVERDOSES. —A 93
hospital emergency department or urgent care center that treats 94
and releases a person in response to a suspected or actual 95
overdose of a controlled substance must report such incident to 96
the department if the patient was not transported by a basic 97
life support service or an advanced life support service as 98
those terms are defined in s. 401.23. Such reports must be made 99
using an appropriate method with secure access, including, but 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
not limited to, the Washi ngton/Baltimore High Intensity Drug 101
Trafficking Overdose Detection Mapping Application Program or 102
other program identified by department rule. Hospital emergency 103
departments and urgent care centers shall use best efforts to 104
make the report to the departmen t within 120 hours after 105
discovering an incident. 106
Section 3. Paragraph (a) of subsection (1) of section 107
401.253, Florida Statutes, is amended to read: 108
401.253 Reporting of controlled substance overdoses. — 109
(1)(a) A basic life support service or an advanced life 110
support service that which treats and releases, or transports to 111
a medical facility, a person in response to an emergency call 112
for a suspected or actual overdose of a controlled substance 113
must may report such incidents to the department. Such reports 114
must be made using the Emergency Medical Service Tracking and 115
Reporting System or other appropriate method with secure access, 116
including, but not limited to, the Washington/Baltimore High 117
Intensity Drug Trafficking Overdose Detection Mapping 118
Application Program or other program identified by the 119
department in rule. If a Basic life support services and service 120
or advanced life support services service reports such 121
incidents, it shall use make its best efforts to make the report 122
to the department with in 120 hours after responding it responds 123
to an the incident. 124
Section 4. This act shall take effect July 1, 2022. 125