Florida 2022 Regular Session

Florida House Bill H0731 Latest Draft

Bill / Comm Sub Version Filed 01/21/2022

                               
 
CS/HB 731  	2022 
 
 
 
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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; authorizing pharmacists to order 7 
certain emergency opioid antagonists; providing 8 
certain authorized persons immunity from civil or 9 
criminal liability for administering emergency opioid 10 
antagonists under certain circumstances; authorizing 11 
personnel of law enforcement agencies and other 12 
agencies to administer emergency opioid antagonists 13 
under certain circumstances; amending s. 381.981, 14 
F.S.; revising requirements for a certain health 15 
awareness campaign; amending s. 395.1041, F.S.; 16 
requiring hospital emergency departments and urgent 17 
care centers to report incidents involving a suspected 18 
or actual overdose to the Department of Health under 19 
certain circumstances; providing requirements for the 20 
reports; requiring hospital emergency rooms and urgent 21 
care centers to use their best efforts to report such 22 
incidents to the department within a specified 23 
timeframe; providing an effective date. 24 
 25     
 
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Be It Enacted by the Legislature of the State of Florida: 26 
 27 
 Section 1.  Subsections (2), (3), and (4) of section 28 
381.887, Florida Statutes, are amended to read: 29 
 381.887  Emergency treatment for suspected opioid 30 
overdose.— 31 
 (2)  The purpose of this section is t o provide for the 32 
prescribing, ordering, and dispensing prescription of emergency 33 
opioid antagonists an emergency opioid antagonist to patients 34 
and caregivers and to encourage the prescribing, ordering, and 35 
dispensing prescription of emergency opioid antag onists by 36 
authorized health care practitioners. 37 
 (3)(a) An authorized health care practitioner may 38 
prescribe and dispense an emergency opioid antagonist to , and a 39 
pharmacist may order an emergency opioid antagonist with an 40 
autoinjection delivery system or intranasal application delivery 41 
system for, a patient or caregiver for use in accordance with 42 
this section., and 43 
 (b)  A pharmacist pharmacists may dispense an emergency 44 
opioid antagonist pursuant to a prescription by an authorized 45 
health care practitione r. A pharmacist may dispense an emergency 46 
opioid antagonist with such a prescription or pursuant to a non -47 
patient-specific standing order for an autoinjection delivery 48 
system or intranasal application delivery system, which must be 49 
appropriately labeled wi th instructions for use , pursuant to a 50     
 
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pharmacist's order or pursuant to a nonpatient -specific standing 51 
order. 52 
 (c)  A such patient or caregiver is authorized to store and 53 
possess approved emergency opioid antagonists and, in an 54 
emergency situation when a physician is not immediately 55 
available, administer the emergency opioid antagonist to a 56 
person believed in good faith to be experiencing an opioid 57 
overdose, regardless of whether that person has a prescription 58 
for an emergency opioid antagonist. 59 
 (4)  The following persons are authorized to possess, 60 
store, and administer emergency opioid antagonists as clinically 61 
indicated and are immune from any civil liability or criminal 62 
liability as a result of administering an emergency opioid 63 
antagonist: 64 
 (a)  Emergency responders, including, but not limited to, 65 
law enforcement officers, paramedics, and emergency medical 66 
technicians. 67 
 (b)  Crime laboratory personnel for the statewide criminal 68 
analysis laboratory system as described in s. 943.32, including, 69 
but not limited to, analysts, evidence intake personnel, and 70 
their supervisors. 71 
 (c)  Personnel of a law enforcement agency or other agency, 72 
including, but not limited to, correctional probation officers 73 
and child protective investigators who, while acting within the 74 
scope or course of employment, come into contact with a 75     
 
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controlled substance or persons at risk of experiencing an 76 
opioid overdose. 77 
 Section 2.  Paragraph (r) of subsection (2) of section 78 
381.981, Florida Statutes, is amended to read: 79 
 381.981  Health awareness campaigns. — 80 
 (2)  The awareness campaigns shall include the provision of 81 
educational information about preventing, detecting, treating, 82 
and curing the following diseases or conditions. Additional 83 
diseases and conditions that impact the public hea lth may be 84 
added by the board of directors of the Florida Public Health 85 
Institute, Inc.; however, each of the following diseases or 86 
conditions must be included in an awareness campaign during at 87 
least 1 month in any 24 -month period: 88 
 (r)  Substance abuse , including, but not limited to, 89 
emergency opioid antagonists . 90 
 Section 3.  Subsection (8) is added to section 395.1041, 91 
Florida Statutes, to read: 92 
 395.1041  Access to emergency services and care. — 93 
 (8)  REPORTING OF CONTROLLED SUBSTANCE OVERDOSES. —A 94 
hospital emergency department or an urgent care center that 95 
treats and releases a person in response to a suspected or 96 
actual overdose of a controlled substance must report such 97 
incident to the department if the patient was not transported by 98 
an emergency medical services vehicle as defined in s. 401.23. 99 
Such reports must be made using an appropriate method with 100     
 
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secure access, including, but not limited to, the 101 
Washington/Baltimore High Intensity Drug Trafficking Overdose 102 
Detection Mapping Application Program, the Florida Prehospital 103 
EMS Tracking and Reporting System (EMSTARS), or another program 104 
identified by department rule. If a hospital emergency 105 
department or an urgent care center reports such an incident, it 106 
must use its best efforts to make the report to the department 107 
within 120 hours after becoming aware of the incident. 108 
 Section 4.  This act shall take effect July 1, 2022. 109