Florida Senate - 2015 SENATOR AMENDMENT Bill No. CS for CS for SB 758 Ì6264647Î626464 LEGISLATIVE ACTION Senate . House . . . Floor: NC . 04/24/2015 10:56 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Evers moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. This act may be cited as the “Emergency 6 Treatment and Recovery Act.” 7 Section 2. Section 381.887, Florida Statutes, is created to 8 read: 9 381.887 Emergency treatment for suspected opioid overdose. 10 (1) As used in this section, the term: 11 (a) “Administer” or “administration” means to introduce an 12 emergency opioid antagonist into the body of a person. 13 (b) “Authorized health care practitioner” means a licensed 14 practitioner authorized by the laws of the state to prescribe 15 drugs. 16 (c) “Caregiver” means a family member, friend, or person in 17 a position to have recurring contact with a person at risk of 18 experiencing an opioid overdose. 19 (d) “Emergency opioid antagonist” means naloxone 20 hydrochloride or any similarly acting drug that blocks the 21 effects of opioids administered from outside the body and that 22 is approved by the United States Food and Drug Administration 23 for the treatment of an opioid overdose. 24 (e) “Patient” means a person at risk of experiencing an 25 opioid overdose. 26 (2) The purpose of this section is to provide for the 27 prescription of an emergency opioid antagonist to patients and 28 caregivers and to encourage the prescription of emergency opioid 29 antagonists by authorized health care practitioners. 30 (3) An authorized health care practitioner may prescribe 31 and dispense an emergency opioid antagonist to a patient or 32 caregiver for use in accordance with this section, and 33 pharmacists may dispense an emergency opioid antagonist pursuant 34 to a prescription issued in the name of the patient or 35 caregiver, appropriately labeled with instructions for use. Such 36 patient or caregiver is authorized to store and possess approved 37 emergency opioid antagonists and, in an emergency situation when 38 a physician is not immediately available, administer the 39 emergency opioid antagonist to a person believed in good faith 40 to be experiencing an opioid overdose, regardless of whether 41 that person has a prescription for an emergency opioid 42 antagonist. 43 (4) Emergency responders, including, but not limited to, 44 law enforcement officers, paramedics, and emergency medical 45 technicians, are authorized to possess, store, and administer 46 emergency opioid antagonists as clinically indicated. 47 (5) A person, including, but not limited to, an authorized 48 health care practitioner, a dispensing health care practitioner, 49 or a pharmacist, who possesses, administers, prescribes, 50 dispenses, or stores an approved emergency opioid antagonist in 51 compliance with this section and s. 768.13 is afforded the civil 52 liability immunity protections provided under s. 768.13. 53 (6)(a) An authorized health care practitioner, acting in 54 good faith and exercising reasonable care, is not subject to 55 discipline or other adverse action under any professional 56 licensure statute or rule and is immune from any civil or 57 criminal liability as a result of prescribing an emergency 58 opioid antagonist in accordance with this section. 59 (b) A dispensing health care practitioner or pharmacist, 60 acting in good faith and exercising reasonable care, is not 61 subject to discipline or other adverse action under any 62 professional licensure statute or rule and is immune from any 63 civil or criminal liability as a result of dispensing an 64 emergency opioid antagonist in accordance with this section. 65 (7) This section does not limit any existing immunities for 66 emergency responders or others provided under this chapter or 67 any other applicable provision of law. This section does not 68 create a duty or standard of care for a person to prescribe or 69 administer an emergency opioid antagonist. 70 Section 3. This act shall take effect upon becoming a law. 71 72 ================= T I T L E A M E N D M E N T ================ 73 And the title is amended as follows: 74 Delete everything before the enacting clause 75 and insert: 76 A bill to be entitled 77 An act relating to emergency treatment for opioid 78 overdose; providing a short title; creating s. 79 381.887, F.S.; defining terms; providing a purpose; 80 authorizing certain health care practitioners to 81 prescribe and dispense an emergency opioid antagonist 82 to a patient or caregiver under certain conditions; 83 authorizing pharmacists to dispense an emergency 84 opioid antagonist under certain circumstances; 85 authorizing storage, possession, and administration of 86 an emergency opioid antagonist by a patient or 87 caregiver and certain emergency responders; providing 88 immunity from liability; providing immunity from 89 professional sanction or disciplinary action for 90 certain health care practitioners and pharmacists, 91 under certain circumstances; providing applicability; 92 providing that a duty or standard of care is not 93 created by the section; providing an effective date.