FL
Florida House Bill H0731

Florida 2022 Regular Session

Florida House Bill H0731 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to drug -related overdose prevention; 2
1616 amending s. 381.887, F.S.; revising the purpose of 3
1717 specified provisions relating to the prescribing, 4
1818 ordering, and dispensing of emergency opioid 5
1919 antagonists to certain persons by authorized health 6
20-care practitioners; authorizing pharmacists to order 7
21-certain emergency opioid antagonists; providing 8
22-certain authorized persons immunity from civil or 9
23-criminal liability for administering emergency opioid 10
24-antagonists under certain circumstances; authorizing 11
25-personnel of law enforcement agencies and other 12
26-agencies to administer emergency opioid antagonists 13
27-under certain circumstances; amending s. 381.981, 14
28-F.S.; revising requirements for a certain health 15
29-awareness campaign; amending s. 395.1041, F.S.; 16
30-requiring hospital emergency departments and urgent 17
31-care centers to report incidents involving a suspected 18
32-or actual overdose to the Department of Health under 19
33-certain circumstances; providing requirements for the 20
34-reports; requiring hospital emergency rooms and urgent 21
35-care centers to use their best efforts to report such 22
36-incidents to the department within a specified 23
37-timeframe; providing an effective date. 24
38- 25
20+care practitioners; requiring the Florida Public 7
21+Health Institute, Inc., in consultation with the 8
22+Department of Health, to educate the public regarding 9
23+the use of emergency opioid antagonists; authorizing 10
24+pharmacists to order certain emergency opioid 11
25+antagonists; providing certain authorized persons 12
26+immunity from civil or criminal liability for 13
27+administering emergency opioid antagonists under 14
28+certain circumstances; authorizing civilian personnel 15
29+of law enforcement agencies to administer emergency 16
30+opioid antagonists under certain circumstances; 17
31+amending s. 395.1041, F.S.; requiring hospital 18
32+emergency departments and urgent care centers to 19
33+report incidents involving a suspected or actual 20
34+overdose to the department under certain 21
35+circumstances; providing requirements for the report; 22
36+requiring hospital emergency departments and urgent 23
37+care centers to use best efforts to report such 24
38+incidents to the department within a specified 25
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4747 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
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51-Be It Enacted by the Legislature of the State of Florida: 26
52- 27
53- Section 1. Subsections (2), (3), and (4) of section 28
54-381.887, Florida Statutes, are amended to read: 29
55- 381.887 Emergency treatment for suspected opioid 30
56-overdose.— 31
57- (2) The purpose of this section is t o provide for the 32
58-prescribing, ordering, and dispensing prescription of emergency 33
59-opioid antagonists an emergency opioid antagonist to patients 34
60-and caregivers and to encourage the prescribing, ordering, and 35
61-dispensing prescription of emergency opioid antag onists by 36
62-authorized health care practitioners. 37
63- (3)(a) An authorized health care practitioner may 38
64-prescribe and dispense an emergency opioid antagonist to , and a 39
65-pharmacist may order an emergency opioid antagonist with an 40
66-autoinjection delivery system or intranasal application delivery 41
67-system for, a patient or caregiver for use in accordance with 42
68-this section., and 43
69- (b) A pharmacist pharmacists may dispense an emergency 44
70-opioid antagonist pursuant to a prescription by an authorized 45
71-health care practitione r. A pharmacist may dispense an emergency 46
72-opioid antagonist with such a prescription or pursuant to a non -47
73-patient-specific standing order for an autoinjection delivery 48
74-system or intranasal application delivery system, which must be 49
75-appropriately labeled wi th instructions for use , pursuant to a 50
51+timeframe; amending s. 401.253, F.S.; requiring, 26
52+rather than authorizing, basic life support services 27
53+and advanced life support services to report incidents 28
54+involving a suspected or actual overdose of a 29
55+controlled substance within a specified timeframe; 30
56+providing an effective date. 31
57+ 32
58+Be It Enacted by the Legislature of the State of Florida: 33
59+ 34
60+ Section 1. Subsections (2), (3), and (4) of section 35
61+381.887, Florida Statutes, are amended to read: 36
62+ 381.887 Emergency treatment for suspected opioid 37
63+overdose.— 38
64+ (2)(a) The purpose of this section is to provide for the 39
65+prescribing, ordering, and dispe nsing prescription of emergency 40
66+opioid antagonists an emergency opioid antagonist to patients 41
67+and caregivers and to encourage the prescribing, ordering, and 42
68+dispensing prescription of emergency opioid antagonists by 43
69+authorized health care practitioners. 44
70+ (b) The Florida Public Health Institute, Inc., in 45
71+consultation with the Department of Health, shall educate the 46
72+public regarding the use of emergency opioid antagonists in 47
73+accordance with s. 381.981(2)(r). 48
74+ (3)(a) An authorized health care practitioner ma y 49
75+prescribe and dispense an emergency opioid antagonist to , and a 50
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8484 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
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88-pharmacist's order or pursuant to a nonpatient -specific standing 51
89-order. 52
90- (c) A such patient or caregiver is authorized to store and 53
91-possess approved emergency opioid antagonists and, in an 54
92-emergency situation when a physician is not immediately 55
93-available, administer the emergency opioid antagonist to a 56
94-person believed in good faith to be experiencing an opioid 57
95-overdose, regardless of whether that person has a prescription 58
96-for an emergency opioid antagonist. 59
97- (4) The following persons are authorized to possess, 60
98-store, and administer emergency opioid antagonists as clinically 61
99-indicated and are immune from any civil liability or criminal 62
100-liability as a result of administering an emergency opioid 63
101-antagonist: 64
102- (a) Emergency responders, including, but not limited to, 65
103-law enforcement officers, paramedics, and emergency medical 66
104-technicians. 67
105- (b) Crime laboratory personnel for the statewide criminal 68
106-analysis laboratory system as described in s. 943.32, including, 69
107-but not limited to, analysts, evidence intake personnel, and 70
108-their supervisors. 71
109- (c) Personnel of a law enforcement agency or other agency, 72
110-including, but not limited to, correctional probation officers 73
111-and child protective investigators who, while acting within the 74
112-scope or course of employment, come into contact with a 75
88+pharmacist may order an emergency opioid antagonist with an 51
89+autoinjection delivery system or intranasal application delivery 52
90+system for, a patient or caregiver for use in accordance with 53
91+this section., and 54
92+ (b) A pharmacist pharmacists may dispense an emergency 55
93+opioid antagonist pursuant to a prescription by an authorized 56
94+health care practitioner. A pharmacist may dispense an emergency 57
95+opioid antagonist with such a prescription or pursuant t o a non-58
96+patient-specific standing order for an autoinjection delivery 59
97+system or intranasal application delivery system, which must be 60
98+appropriately labeled with instructions for use , pursuant to a 61
99+pharmacist's order or pursuant to a nonpatient -specific standing 62
100+order. 63
101+ (c) A such patient or caregiver is authorized to store and 64
102+possess approved emergency opioid antagonists and, in an 65
103+emergency situation when a physician is not immediately 66
104+available, administer the emergency opioid antagonist to a 67
105+person believed in good faith to be experiencing an opioid 68
106+overdose, regardless of whether that person has a prescription 69
107+for an emergency opioid antagonist. 70
108+ (4) The following persons are authorized to possess, 71
109+store, and administer emergency opioid antagonists as clinically 72
110+indicated and are immune from any civil liability or criminal 73
111+liability as a result of administering an emergency opioid 74
112+antagonist: 75
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121121 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
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125-controlled substance or persons at risk of experiencing an 76
126-opioid overdose. 77
127- Section 2. Paragraph (r) of subsection (2) of section 78
128-381.981, Florida Statutes, is amended to read: 79
129- 381.981 Health awareness campaigns. — 80
130- (2) The awareness campaigns shall include the provision of 81
131-educational information about preventing, detecting, treating, 82
132-and curing the following diseases or conditions. Additional 83
133-diseases and conditions that impact the public hea lth may be 84
134-added by the board of directors of the Florida Public Health 85
135-Institute, Inc.; however, each of the following diseases or 86
136-conditions must be included in an awareness campaign during at 87
137-least 1 month in any 24 -month period: 88
138- (r) Substance abuse , including, but not limited to, 89
139-emergency opioid antagonists . 90
140- Section 3. Subsection (8) is added to section 395.1041, 91
141-Florida Statutes, to read: 92
142- 395.1041 Access to emergency services and care. — 93
143- (8) REPORTING OF CONTROLLED SUBSTANCE OVERDOSES. —A 94
144-hospital emergency department or an urgent care center that 95
145-treats and releases a person in response to a suspected or 96
146-actual overdose of a controlled substance must report such 97
147-incident to the department if the patient was not transported by 98
148-an emergency medical services vehicle as defined in s. 401.23. 99
149-Such reports must be made using an appropriate method with 100
125+ (a) Emergency responders, including, but not limited to, 76
126+law enforcement officers, paramedics, and emergency medical 77
127+technicians. 78
128+ (b) Crime laboratory personnel for the statewide criminal 79
129+analysis laboratory system as described in s. 943.32, including, 80
130+but not limited to, analysts, evidence intake personnel, and 81
131+their supervisors. 82
132+ (c) Civilian personnel of a law enforcement agency, 83
133+including, but not limited to, employees of a sheriff's office 84
134+authorized to provide child protective investigative services 85
135+under s. 39.3065 and correctional probation officers who, while 86
136+acting within the scope or course of employ ment, come into 87
137+contact with controlled substances or persons at risk of 88
138+experiencing an opioid overdose. 89
139+ Section 2. Subsection (8) is added to section 395.1041, 90
140+Florida Statutes, to read: 91
141+ 395.1041 Access to emergency services and care. — 92
142+ (8) REPORTING OF CONTROLLED SUBSTANCE OVERDOSES. —A 93
143+hospital emergency department or urgent care center that treats 94
144+and releases a person in response to a suspected or actual 95
145+overdose of a controlled substance must report such incident to 96
146+the department if the patient was not transported by a basic 97
147+life support service or an advanced life support service as 98
148+those terms are defined in s. 401.23. Such reports must be made 99
149+using an appropriate method with secure access, including, but 100
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158158 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
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162-secure access, including, but not limited to, the 101
163-Washington/Baltimore High Intensity Drug Trafficking Overdose 102
164-Detection Mapping Application Program, the Florida Prehospital 103
165-EMS Tracking and Reporting System (EMSTARS), or another program 104
166-identified by department rule. If a hospital emergency 105
167-department or an urgent care center reports such an incident, it 106
168-must use its best efforts to make the report to the department 107
169-within 120 hours after becoming aware of the incident. 108
170- Section 4. This act shall take effect July 1, 2022. 109
162+not limited to, the Washi ngton/Baltimore High Intensity Drug 101
163+Trafficking Overdose Detection Mapping Application Program or 102
164+other program identified by department rule. Hospital emergency 103
165+departments and urgent care centers shall use best efforts to 104
166+make the report to the departmen t within 120 hours after 105
167+discovering an incident. 106
168+ Section 3. Paragraph (a) of subsection (1) of section 107
169+401.253, Florida Statutes, is amended to read: 108
170+ 401.253 Reporting of controlled substance overdoses. — 109
171+ (1)(a) A basic life support service or an advanced life 110
172+support service that which treats and releases, or transports to 111
173+a medical facility, a person in response to an emergency call 112
174+for a suspected or actual overdose of a controlled substance 113
175+must may report such incidents to the department. Such reports 114
176+must be made using the Emergency Medical Service Tracking and 115
177+Reporting System or other appropriate method with secure access, 116
178+including, but not limited to, the Washington/Baltimore High 117
179+Intensity Drug Trafficking Overdose Detection Mapping 118
180+Application Program or other program identified by the 119
181+department in rule. If a Basic life support services and service 120
182+or advanced life support services service reports such 121
183+incidents, it shall use make its best efforts to make the report 122
184+to the department with in 120 hours after responding it responds 123
185+to an the incident. 124
186+ Section 4. This act shall take effect July 1, 2022. 125