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