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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 emergency opioid antagonists; 2
amending s. 381.887, F.S.; revising the purpose of 3
specified provisions relating to the receiving, 4
possessing, and administering of emergency opioid 5
antagonists to certain persons by authorized 6
pharmacies, pharmacists, and pharmacy technicians; 7
authorizing pharmacies, pharmacists, and pharmacy 8
technicians to receive, store, possess, and dispense 9
emergency opioid antagonists under certain 10
circumstances; providing applicability; creating s. 11
397.335, F.S.; establishing the Statewide Council on 12
Opioid Abatement within the Department of Children and 13
Families; providing for purpose of the council; 14
providing for membership , organization and support, 15
and duties of the council; amending s. 768.13, F.S.; 16
providing immunity from civil liability for a licensed 17
pharmacy, pharmacist, or pharmacy technician under 18
certain circumstances; providing legislative intent; 19
providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Subsections (2) through (5), paragraph (b) of 24
subsection (6), and subsection (7) of section 381.887, Florida 25
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Statutes, are amended to read: 26
381.887 Emergency trea tment for suspected opioid 27
overdose.— 28
(2) The purpose of this section is to provide for the 29
receiving, possessing, administering, prescribing, ordering, and 30
dispensing of emergency opioid antagonists to patients , and 31
caregivers, and emergency responders and to encourage the 32
prescribing, ordering, and dispensing of emergency opioid 33
antagonists by authorized health care practitioners , pharmacies, 34
pharmacists, and pharmacy technicians, as applicable . 35
(3)(a) An authorized health care practitioner may 36
prescribe and dispense an emergency opioid antagonist to, and a 37
pharmacist may order an emergency opioid antagonist with an 38
autoinjection delivery system or intranasal application delivery 39
system for, a patient , a or caregiver, or an emergency responder 40
for use in accordance with this section. 41
(b) A pharmacist may dispense an emergency opioid 42
antagonist pursuant to a prescription by an authorized health 43
care practitioner. A pharmacist may dispense an emergency opioid 44
antagonist with an autoinjection delivery sy stem or intranasal 45
application delivery system, which must be appropriately labeled 46
with instructions for use, pursuant to a pharmacist's order or 47
pursuant to a nonpatient -specific standing order. 48
(c) A patient, a or caregiver, or an emergency responder 49
is authorized to store and possess approved emergency opioid 50
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antagonists and, in an emergency situation when a physician is 51
not immediately available, administer the emergency opioid 52
antagonist to a person believed in good faith to be experiencing 53
an opioid overdose, regardless of whether that person has a 54
prescription for an emergency opioid antagonist. 55
(d) A pharmacy or pharmacist licensed under chapter 465 56
may receive, store, possess, and dispense, as applicable, 57
emergency opioid antagonists delivered by a manufacturer or an 58
affiliate of the pharmacy pursuant to agreements reached with 59
the Department of Legal Affairs for the purpose of dispensing 60
emergency opioid antagonists pursuant to a standing order issued 61
by or at the direction of the State Surgeon General to any 62
emergency responder identified in the standing order. 63
(e) A pharmacist or pharmacy technician may dispense an 64
emergency opioid antagonist pursuant to a standing order issued 65
by or at the direction of the State Surgeon General in a manner 66
consistent with the terms of the standing order to any emergency 67
responders identified in the standing order. 68
(4) The following persons are authorized to receive, 69
possess, store, and administer emergency opioid antagonists as 70
clinically indicated and are immune from any civil liability or 71
criminal liability as a result of receiving, possessing, 72
storing, or administering an emergency opioid antagonist: 73
(a) Emergency responders, including, but not limited to, 74
law enforcement officers, paramedics, and emer gency medical 75
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technicians. 76
(b) Crime laboratory personnel for the statewide criminal 77
analysis laboratory system as described in s. 943.32, including, 78
but not limited to, analysts, evidence intake personnel, and 79
their supervisors. 80
(c) Personnel of a law enforcement agency or an other 81
agency, including, but not limited to, correctional probation 82
officers and child protective investigators who, while acting 83
within the scope or course of employment, come into contact with 84
a controlled substance or persons a t risk of experiencing an 85
opioid overdose. 86
(5) A person, including, but not limited to, an authorized 87
health care practitioner, a dispensing health care practitioner, 88
or a pharmacist, a pharmacy technician, or a pharmacy who 89
receives, possesses, administers, prescribes, dispenses, or 90
stores an approved emergency opioid antagonist in compliance 91
with this section and s. 768.13 is afforded the civil liability 92
immunity protections provided under s. 768.13. 93
(6) 94
(b) A dispensing health ca re practitioner, a pharmacy or 95
pharmacist, or a pharmacy technician, acting in good faith and 96
exercising reasonable care, is not subject to discipline or 97
other adverse action under any professional licensure statute or 98
rule and is immune from any civil or criminal liability as a 99
result of receiving, possessing, administering, prescribing, 100
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dispensing, or storing an emergency opioid antagonist in 101
accordance with this section. 102
(7) This section does not limit any existing immunities 103
for emergency responders o r other persons which are provided 104
under this chapter or any other applicable provision of law. 105
This section does not create a duty or standard of care for a 106
person to receive, possess, administer, prescribe, dispense, or 107
store administer an emergency opioid antagonist. 108
Section 2. Section 397.335, Florida Statutes, is created 109
to read: 110
397.335 Statewide Council on Opioid Abatement. — 111
(1) ESTABLISHMENT.-The Statewide Council on Opioid 112
Abatement, an advisory council as defined in s. 20.03, is 113
created within the department for the purpose of enhancing the 114
development and coordination of state and local efforts to abate 115
the opioid epidemic and to support the victims and families of 116
the crisis. 117
(2) MEMBERSHIP.— 118
(a) The council shall consist of the follo wing members: 119
1. The Attorney General, or a designee, who shall serve as 120
chair. 121
2. The secretary of the department, or a designee, who 122
shall serve as vice chair. 123
3. One member appointed by the Governor. 124
4. One member appointed by the President of t he Senate. 125
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5. One member appointed by the Speaker of the House of 126
Representatives. 127
6. Two members appointed by the Florida League of Cities 128
who are commissioners or mayors of municipalities. One member 129
shall be from a municipality with a population of fewer than 130
50,000 people. 131
7. Two members appointed by or through the Florida 132
Association of Counties who are county commissioners or mayors. 133
One member shall be appointed from a county with a population of 134
fewer than 200,000 and one member shall be appoi nted from a 135
county with a population of more than 200,000. 136
8. One member appointed by the Florida Association of 137
Counties, a municipality mayor, or a commissioner appointed by 138
the Florida League of Cities who must alternate every 2 years 139
between being a county commissioner or a mayor. 140
(b) Each member shall serve a 2 -year term. Any vacancy 141
shall be filled in the same manner as the original appointment 142
for the remainder of the unexpired term. 143
(c) A member may not receive a commission, fee, or 144
financial benefit in connection with serving on the council. 145
Council members may be reimbursed for per diem and travel 146
expenses in accordance with s. 112.061 by the state agency that 147
the member represents. If the member is not affiliated with a 148
state agency, the me mber shall be reimbursed by the Department 149
of Children and Families. 150
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(3) ORGANIZATION AND SUPPORT. — 151
(a) The first meeting of the council must be held by 152
August 31, 2023. 153
(b) The council shall meet quarterly and upon the call of 154
the chair or two othe r members. Meetings of the council may take 155
place in person or through electronic transmission using 156
communications media technology as described in s. 157
120.54(5)(b)2. 158
(c) A majority of the members of the council shall 159
constitute a quorum. 160
(d) The department and the Department of Legal Affairs 161
shall provide the council with staff necessary to assist the 162
council in the performance of its duties. 163
(e) The council may apply for and accept funds, grants, 164
gifts, and services from the state, the Federal Gover nment, or 165
any of its agencies, or any other public or private source for 166
the purposes of defraying costs or performing its duties. 167
(f) All members shall adhere to all applicable general 168
law, rules, and regulations, including, but not limited to, s. 169
112.311, concerning the disclosure of conflicts of interest and 170
recusal from discussions or votes on conflicted matters. 171
(4) DUTIES.— 172
(a) The council shall advise the state and local 173
governments on resolving or abating the opioid epidemic and 174
review how settlement monies recovered from the opioid 175
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litigation brought by the state and its subdivisions have been 176
spent and the results that have been achieved from those 177
expenditures. 178
(b) The council shall work with, provide, and receive 179
information from the Stat ewide Drug Policy Advisory Council and 180
ensure that its recommendations and actions are consistent with 181
that council's recommendations to the extent possible. 182
(c) The council shall review data from local, state, and 183
national agencies: 184
1. Both on a regional and a statewide basis to advise the 185
state and local governments on the current status, severity, and 186
stage of the opioid epidemic. 187
2. Regarding how monies are being spent to abate the 188
opioid epidemic, the success of such programs, and the 189
appropriate metrics needed to assess the epidemic and progress 190
abating it. 191
(d) Each county, city, managing entity, or state agency 192
who receives settlement monies from an opioid settlement shall 193
provide information to the council annually: 194
1. By July 30, 2023, and annually thereafter, relating to 195
how the county, city, managing entity, or agency intends to use 196
settlement funds and collect data regarding its use of funds. 197
2. By August 31, 2023, and annually thereafter, relating 198
to the expenditure of settlemen t moneys by that entity and the 199
results obtained from those expenditures. 200
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(e) The council shall develop metrics, measures, or data 201
sets to assess the progress and success of programs funded by 202
expenditures of opioid settlement monies. In recommending 203
metrics, measures, or data sets, the council shall keep its 204
recommended metrics, measures, or data sets consistent with the 205
metrics, measures, or data sets that the state uses with its 206
managing entities as well as any other metrics, measures, or 207
data sets required by the Substance Abuse and Mental Health 208
Services Administration of the United States Department of 209
Health and Human Services in connection with any grants that the 210
state receives. In connection with such metrics, measures, or 211
data sets, the council may request, and each county, city, 212
managing entity, or state agency must provide, data or 213
information requested to conduct such analysis. 214
(f) In the event that a county, city, managing entity, or 215
agency fails to provide requested data or information, th e 216
council or the Department of Legal Affairs, acting on behalf of 217
the council, shall have the ability to seek such data through 218
civil investigative demand, subpoena, or by commencing an action 219
seeking the turnover of such data. 220
(g) The council with assis tance and support of the 221
department shall provide a system of documentation and reporting 222
in accordance with the requirements of federal agencies and any 223
other agencies providing funding to the state, including 224
auditing expenditures consistent with any req uirements imposed 225
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by the legislature. 226
(h) By December 1, 2023, and annually thereafter, the 227
council shall provide and publish an annual report. The report 228
shall contain information on how settlement moneys were spent 229
the previous fiscal year by the state , each of the managing 230
entities, and each of the counties and municipalities. The 231
report shall also contain recommendations to the Governor, the 232
Legislature, and local governments for how moneys should be 233
prioritized and spent the coming fiscal year to res pond to the 234
opioid epidemic. 235
(k) The report shall be posted on the websites of the 236
department and the Department of Legal Affairs. 237
Section 3. Paragraph (e) is added to subsection (2) of 238
section 768.13, Florida Statutes, to read: 239
768.13 Good Samarit an Act; immunity from civil liability. — 240
(2) 241
(e)1. Any licensed pharmacy, pharmacist, or pharmacy 242
technician who receives, stores, posses, or dispenses an 243
emergency opioid antagonist for the purpose of dispensing to an 244
emergency responder in compliance w ith a standing order issued 245
by or at the direction of the State Surgeon General may not be 246
held liable for any damages, penalties, fines, or costs as a 247
result of any act or omission related to receiving, storing, 248
possessing, or dispensing the emergency opi oid antagonist. 249
2. The intent of the Legislature is to maximize the 250
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ability of emergency responders to store, possess, and 251
administer an emergency opioid antagonist as defined in s. 252
381.887(1), to persons who are experiencing an opioid overdose, 253
appear to be experiencing an opioid overdose, or are at risk of 254
experiencing an opioid overdose and to encourage every licensed 255
pharmacy, pharmacist, and pharmacy technician to dispense 256
emergency opioid antagonists pursuant to a standing order issued 257
by or at the direction of the State Surgeon General to emergency 258
responders without fear of litigation costs or damages arising 259
from such litigation. 260
Section 4. This act shall take effect July 1, 2023. 261