Florida Senate - 2025 SB 714 By Senator Burton 12-01086A-25 2025714__ 1 A bill to be entitled 2 An act relating to nonopioid advance directives; 3 amending s. 765.1103, F.S.; requiring the Department 4 of Health to develop a voluntary nonopioid advance 5 directive form for a specified purpose and make the 6 form available on its website; providing requirements 7 for the form; providing for the valid execution of the 8 form; requiring that the form be filed in the 9 patients medical record with the facility or provider 10 of the patients choosing; authorizing a patient to 11 revoke the form for any reason, verbally or in 12 writing; providing health care providers with immunity 13 from civil and criminal liability for failing to act 14 in accordance with an advance directive under certain 15 circumstances; providing exceptions; defining the term 16 medical emergency situation; providing an effective 17 date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1.Subsection (3) is added to section 765.1103, 22 Florida Statutes, to read: 23 765.1103Pain management and palliative care. 24 (3)(a)The Department of Health shall develop a voluntary 25 nonopioid advance directive form that allows a person to 26 indicate to a treating health care provider that he or she does 27 not want to be prescribed or administered an opioid drug for 28 pain management or palliative care in the event that he or she 29 should become incapacitated and is unable to personally direct 30 his or her health care. The department shall make the form 31 available on its website. The form must indicate to a treating 32 health care provider that the person may not be prescribed or 33 administered an opioid drug. 34 (b)A valid nonopioid advance directive form must be signed 35 by both the patient and a physician licensed under chapter 458 36 or chapter 459. The form must be filed in the patients medical 37 record, either with a health care facility of the patients 38 choosing or the patients primary care physician, or both, and 39 is transferable to another facility or provider upon the 40 patients request. 41 (c)A person may, verbally or in writing, revoke the 42 voluntary nonopioid advance directive form for any reason. 43 (d)A health care provider without actual knowledge of a 44 patients nonopioid advance directive form who prescribes an 45 opioid to the patient in a medical emergency situation is not 46 civilly or criminally liable for failing to act in accordance 47 with the directive unless the act or omission was the result of 48 a providers gross negligence or willful misconduct. For 49 purposes of this paragraph, the term medical emergency 50 situation means an acute injury or illness that poses an 51 immediate risk to a persons life or long-term health. 52 Section 2.This act shall take effect July 1, 2025.