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The Florida Senate

CS/CS/HB 451 — Nonopioid Alternatives

by Health and Human Services Committee; Health Quality Subcommittee; and Rep. Plakon and others (CS/SB 630 by Health Policy Committee and Senators Perry and Baxley)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Health Policy Committee (HP)

The bill amends s. 456.44, F.S., to establish legislative findings that every competent adult has the right of self-determination regarding healthcare decisions, including the right to refuse treatment with a Schedule II opioid controlled substance.

The bill requires the Department of Health (DOH) to develop and publish on its website an educational pamphlet regarding the use of nonopioid alternatives for the treatment of pain. The pamphlet must include:

  • Information on available nonopioid alternatives for the treatment of pain, including nonopioid medicinal drugs or drug products and nonpharmacological therapies; and
  • The advantages and disadvantages of the use of nonopioid alternatives.

Additionally, the bill requires a health care practitioner, except a health care practitioner licensed under ch. 465, F.S., (the practice of pharmacy), prior to providing anesthesia or ordering, administering, dispensing or prescribing a Schedule II opioid drug to a patient in a nonemergency situation, to:

  • Inform the patient of available nonopioid alternatives for the treatment of pain, which may include nonopioid medicinal drugs or drug products, interventional procedures or treatments, acupuncture, chiropractic treatments, massage therapy, physical therapy, occupational therapy, or any other appropriate therapy as determined by the health care practitioner;
  • Discuss the advantages and disadvantages of the use of nonopioid alternatives, including whether the patient is at a high risk of, or has a history of, controlled substance abuse or misuse and the patient’s personal preferences;
  • Provide the patient with the educational pamphlet developed by the DOH; and
  • Document the nonopioid alternatives considered in the patient’s record.

If approved by the Governor, these provisions take effect July 1, 2019.

Vote: Senate 40-0; House 113-1