Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 758
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2015           .                                

       The Committee on Appropriations (Grimsley) recommended the
    1         Senate Amendment (with title amendment)
    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 an
   31  emergency opioid antagonist to a patient or caregiver for use in
   32  accordance with this section, and pharmacists may dispense an
   33  emergency opioid antagonist pursuant to a prescription issued in
   34  the name of the patient or caregiver, appropriately labeled with
   35  instructions for use. Such patient or caregiver is authorized to
   36  store and possess approved emergency opioid antagonists and, in
   37  an emergency situation when a physician is not immediately
   38  available, administer the emergency opioid antagonist to a
   39  person believed in good faith to be experiencing an opioid
   40  overdose, regardless of whether that person has a prescription
   41  for an emergency opioid antagonist.
   42         (4) Emergency responders, including, but not limited to,
   43  law enforcement officers, paramedics, and emergency medical
   44  technicians, are authorized to possess, store, and administer
   45  emergency opioid antagonists as clinically indicated.
   46         (5) A person, including, but not limited to, an authorized
   47  health care practitioner, a dispensing health care practitioner,
   48  or a pharmacist, who possesses, administers, prescribes,
   49  dispenses, or stores an approved emergency opioid antagonist in
   50  compliance with this section and s. 768.13 is afforded the civil
   51  liability immunity protections provided under s. 768.13.
   52         (6)(a) An authorized health care practitioner, acting in
   53  good faith, is not subject to discipline or other adverse action
   54  under any professional licensure statute or rule and is immune
   55  from any civil or criminal liability as a result of prescribing
   56  an opioid antagonist in accordance with this section.
   57         (b) A dispensing health care practitioner or pharmacist,
   58  acting in good faith, is not subject to discipline or other
   59  adverse action under any professional licensure statute or rule
   60  and is immune from any civil or criminal liability as a result
   61  of dispensing an opioid antagonist in accordance with this
   62  section.
   63         (7) This section does not limit any existing immunities for
   64  emergency responders or others provided under this chapter or
   65  any other applicable provision of law.
   66         Section 3. This act shall take effect upon becoming a law.
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete everything before the enacting clause
   71  and insert:
   72                        A bill to be entitled                      
   73         An act relating to emergency treatment for opioid
   74         overdose; providing a short title; creating s.
   75         381.887, F.S.; providing definitions; providing
   76         purpose; authorizing certain health care practitioners
   77         to prescribe an emergency opioid antagonist to a
   78         patient or caregiver under certain conditions;
   79         authorizing pharmacists to dispense an emergency
   80         opioid antagonist under certain circumstances;
   81         authorizing storage, possession, and administration of
   82         an emergency opioid antagonist by such patient or
   83         caregiver and certain emergency responders; providing
   84         immunity from liability; providing immunity from
   85         professional sanction or disciplinary action for
   86         certain health care practitioners and pharmacists,
   87         under certain circumstances; providing applicability;
   88         providing an effective date.