CS for SB 544 First Engrossed 2022544e1 1 A bill to be entitled 2 An act relating to drug-related overdose prevention; 3 amending s. 381.887, F.S.; revising the purpose of 4 specified provisions relating to the prescribing, 5 ordering, and dispensing of emergency opioid 6 antagonists to certain persons by authorized health 7 care practitioners; authorizing pharmacists to order 8 certain emergency opioid antagonists; providing 9 certain authorized persons immunity from civil or 10 criminal liability for administering emergency opioid 11 antagonists under certain circumstances; authorizing 12 personnel of law enforcement agencies and other 13 agencies to administer emergency opioid antagonists 14 under certain circumstances; amending s. 381.981, 15 F.S.; revising requirements for a certain health 16 awareness campaign; amending s. 395.1041, F.S.; 17 requiring hospital emergency departments and urgent 18 care centers to report incidents involving a suspected 19 or actual overdose to the Department of Health under 20 certain circumstances; providing requirements for the 21 reports; requiring hospital emergency departments and 22 urgent care centers to use their best efforts to 23 report such incidents to the department within a 24 specified timeframe; amending s. 1002.20, F.S.; 25 authorizing a public school to purchase or enter into 26 an arrangement to receive a supply of the opioid 27 antagonist naloxone for a certain purpose; specifying 28 requirements for the maintenance of the naloxone; 29 requiring the school district to adopt a protocol for 30 the administration of naloxone; providing that a 31 school district and its employees and agents and the 32 physician who provides the protocol are not liable for 33 any injury arising from the administration of the 34 naloxone pursuant to the protocol; providing an 35 exception; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1.Subsections (2), (3), and (4) of section 40 381.887, Florida Statutes, are amended to read: 41 381.887Emergency treatment for suspected opioid overdose. 42 (2)The purpose of this section is to provide for the 43 prescribing, ordering, and dispensing prescription of emergency 44 opioid antagonists an emergency opioid antagonist to patients 45 and caregivers and to encourage the prescribing, ordering, and 46 dispensing prescription of emergency opioid antagonists by 47 authorized health care practitioners. 48 (3)(a)An authorized health care practitioner may prescribe 49 and dispense an emergency opioid antagonist to, and a pharmacist 50 may order an emergency opioid antagonist with an autoinjection 51 delivery system or intranasal application delivery system for, a 52 patient or caregiver for use in accordance with this section., 53 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 to 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 pharmacists 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, store, 71 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 (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)Personnel of a law enforcement agency or other agency, 83 including, but not limited to, correctional probation officers 84 and child protective investigators who, while acting within the 85 scope or course of employment, come into contact with a 86 controlled substance or persons at risk of experiencing an 87 opioid overdose. 88 Section 2.Paragraph (r) of subsection (2) of section 89 381.981, Florida Statutes, is amended to read: 90 381.981Health awareness campaigns. 91 (2)The awareness campaigns shall include the provision of 92 educational information about preventing, detecting, treating, 93 and curing the following diseases or conditions. Additional 94 diseases and conditions that impact the public health may be 95 added by the board of directors of the Florida Public Health 96 Institute, Inc.; however, each of the following diseases or 97 conditions must be included in an awareness campaign during at 98 least 1 month in any 24-month period: 99 (r)Substance abuse, including, but not limited to, 100 emergency opioid antagonists. 101 Section 3.Subsection (8) is added to section 395.1041, 102 Florida Statutes, to read: 103 395.1041Access to emergency services and care. 104 (8)REPORTING OF CONTROLLED SUBSTANCE OVERDOSES.A hospital 105 emergency department or an urgent care center that treats and 106 releases a person in response to a suspected or actual overdose 107 of a controlled substance must report such incident to the 108 department if the patient was not transported by a transport 109 service operating pursuant to part III of chapter 401. Such 110 reports must be made using an appropriate method with secure 111 access, including, but not limited to, the Washington/Baltimore 112 High Intensity Drug Trafficking Overdose Detection Mapping 113 Application Program, the Florida Prehospital EMS Tracking and 114 Reporting System (EMSTARS), or another program identified by 115 department rule. If a hospital emergency department or an urgent 116 care center reports such an incident, it must use its best 117 efforts to make the report to the department within 120 hours 118 after becoming aware of the incident. 119 Section 4.Paragraph (o) is added to subsection (3) of 120 section 1002.20, Florida Statutes, to read: 121 1002.20K-12 student and parent rights.Parents of public 122 school students must receive accurate and timely information 123 regarding their childs academic progress and must be informed 124 of ways they can help their child to succeed in school. K-12 125 students and their parents are afforded numerous statutory 126 rights including, but not limited to, the following: 127 (3)HEALTH ISSUES. 128 (o)Naloxone use and supply. 129 1.A public school may purchase a supply of the opioid 130 antagonist naloxone from a wholesale distributor as defined in 131 s. 499.003 or may enter into an arrangement with a wholesale 132 distributor or manufacturer as defined in s. 499.003 for 133 naloxone at fair-market, free, or reduced prices for use in the 134 event that a student has an opioid overdose. The naloxone must 135 be maintained in a secure location on the public schools 136 premises. The participating school district shall adopt a 137 protocol developed by a licensed physician for the 138 administration of the drug by school personnel trained to 139 recognize an opioid overdose and to administer naloxone. 140 2.The school district and its employees and agents and the 141 physician who provides the standing protocol for school naloxone 142 are not liable for any injury arising from the use of the drug 143 if it is administered by trained school personnel who follow the 144 standing protocol and whose professional opinion is that the 145 student is having an opioid overdose: 146 a.Unless the trained school personnels action is willful 147 and wanton; 148 b.Notwithstanding that the parents or guardians of the 149 student to whom the naloxone is administered have not been 150 provided notice or have not signed a statement acknowledging 151 that the school district is not liable; and 152 c.Regardless of whether authorization has been given by 153 the students parents or guardians or by the students 154 physician, physicians assistant, or advanced practice 155 registered nurse. 156 Section 5.This act shall take effect July 1, 2022.