HB 1081 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1081-00
Page 1 of 2
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 voluntary nonopioid advance 2
directive forms; creating s. 395.3042, F.S.; requiring 3
a health care facility to create a voluntary nonopioid 4
advance directive form; providing requirements for 5
such form; authorizing an individual to revoke the 6
directive for any reason by specified means; providing 7
immunity from civil and criminal liability for health 8
care practitioners under certain circumstance s; 9
providing an exception; defining the term "medical 10
emergency"; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Section 395.3042, Florida Statutes, is created 15
to read: 16
395.3042 Voluntary nonop ioid advance directive form. — 17
(1) A health care facility shall create a voluntary 18
nonopioid advance directive form. The form shall be available on 19
the facility's website. The form shall indicate to a health care 20
practitioner that an individual may not be administered or 21
prescribed an opioid. The advance directive shall be filed in 22
the individual's medical record in a health care facility or a 23
private office of a health care practitioner, or both, and shall 24
be transferred with the individual from one pract itioner to 25
HB 1081 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1081-00
Page 2 of 2
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
another or from one facility to another. 26
(2) An individual may revoke the voluntary nonopioid 27
advance directive for any reason and may do so by written or 28
oral statement. 29
(3) A health care practitioner without actual knowledge of 30
an advance directive as provided in subsection (1) who 31
administers or prescribes an opioid in a medical emergency is 32
immune from civil or criminal liability for failing to act in 33
accordance with the directive unless the act or omission was the 34
result of the practitio ner's gross negligence or willful 35
misconduct. For purposes of this section, the term "medical 36
emergency" means an acute injury or illness that poses an 37
immediate risk to an individual's life or long -term health. 38
Section 2. This act shall take effect July 1, 2025. 39