ENROLLED 2022 Legislature CS for SB 544, 2nd Engrossed 2022544er 1 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 providing immunity from civil liability to a school 30 district employee for administering an approved 31 emergency opioid antagonist to a student; providing an 32 effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1.Subsections (2), (3), and (4) of section 37 381.887, Florida Statutes, are amended to read: 38 381.887Emergency treatment for suspected opioid overdose. 39 (2)The purpose of this section is to provide for the 40 prescribing, ordering, and dispensing prescription of emergency 41 opioid antagonists an emergency opioid antagonist to patients 42 and caregivers and to encourage the prescribing, ordering, and 43 dispensing prescription of emergency opioid antagonists by 44 authorized health care practitioners. 45 (3)(a)An authorized health care practitioner may prescribe 46 and dispense an emergency opioid antagonist to, and a pharmacist 47 may order an emergency opioid antagonist with an autoinjection 48 delivery system or intranasal application delivery system for, a 49 patient or caregiver for use in accordance with this section., 50 and 51 (b)A pharmacist pharmacists may dispense an emergency 52 opioid antagonist pursuant to a prescription by an authorized 53 health care practitioner. A pharmacist may dispense an emergency 54 opioid antagonist with such a prescription or pursuant to a non 55 patient-specific standing order for an autoinjection delivery 56 system or intranasal application delivery system, which must be 57 appropriately labeled with instructions for use, pursuant to a 58 pharmacists order or pursuant to a nonpatient-specific standing 59 order. 60 (c)A such patient or caregiver is authorized to store and 61 possess approved emergency opioid antagonists and, in an 62 emergency situation when a physician is not immediately 63 available, administer the emergency opioid antagonist to a 64 person believed in good faith to be experiencing an opioid 65 overdose, regardless of whether that person has a prescription 66 for an emergency opioid antagonist. 67 (4)The following persons are authorized to possess, store, 68 and administer emergency opioid antagonists as clinically 69 indicated and are immune from any civil liability or criminal 70 liability as a result of administering an emergency opioid 71 antagonist: 72 (a)Emergency responders, including, but not limited to, 73 law enforcement officers, paramedics, and emergency medical 74 technicians. 75 (b)Crime laboratory personnel for the statewide criminal 76 analysis laboratory system as described in s. 943.32, including, 77 but not limited to, analysts, evidence intake personnel, and 78 their supervisors. 79 (c)Personnel of a law enforcement agency or other agency, 80 including, but not limited to, correctional probation officers 81 and child protective investigators who, while acting within the 82 scope or course of employment, come into contact with a 83 controlled substance or persons at risk of experiencing an 84 opioid overdose. 85 Section 2.Paragraph (r) of subsection (2) of section 86 381.981, Florida Statutes, is amended to read: 87 381.981Health awareness campaigns. 88 (2)The awareness campaigns shall include the provision of 89 educational information about preventing, detecting, treating, 90 and curing the following diseases or conditions. Additional 91 diseases and conditions that impact the public health may be 92 added by the board of directors of the Florida Public Health 93 Institute, Inc.; however, each of the following diseases or 94 conditions must be included in an awareness campaign during at 95 least 1 month in any 24-month period: 96 (r)Substance abuse, including, but not limited to, 97 emergency opioid antagonists. 98 Section 3.Subsection (8) is added to section 395.1041, 99 Florida Statutes, to read: 100 395.1041Access to emergency services and care. 101 (8)REPORTING OF CONTROLLED SUBSTANCE OVERDOSES.A hospital 102 emergency department or an urgent care center that treats and 103 releases a person in response to a suspected or actual overdose 104 of a controlled substance must report such incident to the 105 department if the patient was not transported by a transport 106 service operating pursuant to part III of chapter 401. Such 107 reports must be made using an appropriate method with secure 108 access, including, but not limited to, the Washington/Baltimore 109 High Intensity Drug Trafficking Overdose Detection Mapping 110 Application Program, the Florida Prehospital EMS Tracking and 111 Reporting System (EMSTARS), or another program identified by 112 department rule. If a hospital emergency department or an urgent 113 care center reports such an incident, it must use its best 114 efforts to make the report to the department within 120 hours 115 after becoming aware of the incident. 116 Section 4.Paragraph (o) is added to subsection (3) of 117 section 1002.20, Florida Statutes, to read: 118 1002.20K-12 student and parent rights.Parents of public 119 school students must receive accurate and timely information 120 regarding their childs academic progress and must be informed 121 of ways they can help their child to succeed in school. K-12 122 students and their parents are afforded numerous statutory 123 rights including, but not limited to, the following: 124 (3)HEALTH ISSUES. 125 (o)Naloxone use and supply. 126 1.A public school may purchase a supply of the opioid 127 antagonist naloxone from a wholesale distributor as defined in 128 s. 499.003 or may enter into an arrangement with a wholesale 129 distributor or manufacturer as defined in s. 499.003 for 130 naloxone at fair-market, free, or reduced prices for use in the 131 event that a student has an opioid overdose. The naloxone must 132 be maintained in a secure location on the public schools 133 premises. 134 2.A school district employee who administers an approved 135 emergency opioid antagonist to a student in compliance with ss. 136 381.887 and 768.13 is immune from civil liability under s. 137 768.13. 138 Section 5.This act shall take effect July 1, 2022.