Florida Senate - 2015 SB 758 By Senator Evers 2-00542A-15 2015758__ 1 A bill to be entitled 2 An act relating to the prescription and use of opioid 3 antagonists for emergency treatment of opioid 4 overdoses; providing a short title; creating s. 5 381.887, F.S.; defining terms; providing the purposes 6 of the act; providing for the prescribing of opioid 7 antagonists to, and the use of them by, patients and 8 caregivers who have received emergency overdose 9 treatment information; providing for the prescribing 10 of opioid antagonists to, and the use of them by, 11 first responders; providing immunities from liability; 12 providing applicability; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. This act may be cited as the “Florida Opioid 17 Overdose Prevention Act.” 18 Section 2. Section 381.887, Florida Statutes, is created to 19 read: 20 381.887 Prescription for and dispensing of opioid 21 antagonists.— 22 (1) As used in this section, the term: 23 (a) “Administer” or “administration” means to introduce an 24 opioid antagonist into the body of a person by using a 25 formulation approved by the United States Food and Drug 26 Administration. 27 (b) “Authorized health care practitioner” means a licensed 28 practitioner authorized by the laws of this state to prescribe 29 drugs. 30 (c) “Caregiver” means a family member, a friend, or any 31 other person in a position to assist a person at risk of 32 experiencing an opioid overdose. 33 (d) “Emergency overdose treatment information” means 34 information regarding issues that include, but are not limited 35 to, opioid overdose prevention and recognition, how to perform 36 rescue breathing, opioid antagonist dosage and administration, 37 the importance of calling 911 for assistance with an opioid 38 overdose, and care for an overdose victim after administration 39 of an opioid antagonist. 40 (e) “Opioid antagonist” means naloxone hydrochloride or any 41 similarly acting drug that blocks the effects of opioids that 42 have been administered from outside the body and that is 43 approved by the United States Food and Drug Administration for 44 the treatment of an opioid overdose. 45 (f) “Patient” means a person at risk of experiencing an 46 opioid overdose. 47 (2) The purpose of this section is to provide for the 48 prescription of an opioid antagonist to patients and caregivers 49 and to encourage the administration of opioid antagonists for 50 emergency treatment of known or suspected opioid overdoses when 51 a physician or other authorized health care practitioner is not 52 immediately available. 53 (3) An authorized health care practitioner may prescribe an 54 opioid antagonist for use in accordance with this section to a 55 patient or caregiver who has received emergency overdose 56 treatment information. A dispensing health care practitioner or 57 pharmacist may dispense an opioid antagonist, appropriately 58 labeled with instructions for use, pursuant to a prescription 59 which has been issued in the name of a patient or caregiver. In 60 order to fulfill the requirement that a patient or caregiver 61 receive emergency overdose treatment information, such 62 information may be provided to a patient or caregiver by the 63 prescribing authorized health care practitioner or by an 64 organization that addresses medical or social issues related to 65 drug addiction with which the prescribing authorized health care 66 practitioner maintains a written agreement and which also is 67 exempt from taxation pursuant to 26 U.S.C. s. 501, a federal, 68 state, or local governmental entity, or a substance abuse 69 organization. Such agreement must include procedures for 70 providing emergency overdose treatment information, instructions 71 as to how employees or volunteers providing the information will 72 be trained, and standards for documenting, on behalf of the 73 prescribing authorized health care practitioner, the provision 74 of emergency overdose treatment information to patients and 75 caregivers. The patient or caregiver who has an opioid 76 antagonist prescription may store and possess an approved opioid 77 antagonist. In an emergency situation when a physician or other 78 authorized health care practitioner is not immediately 79 available, any patient or caregiver who has received emergency 80 overdose treatment information may administer the opioid 81 antagonist to a person believed in good faith to be experiencing 82 an opioid overdose, regardless of whether that person has a 83 prescription for an opioid antagonist. 84 (4) An authorized health care practitioner may, directly or 85 by standing order, prescribe and dispense opioid antagonists to 86 first responders, including law enforcement officers and 87 emergency medical technicians, and such first responders may 88 possess, store, and administer approved opioid antagonists as 89 prescribed and clinically indicated, and in accordance with the 90 policies of the employer of such first responders. 91 (5) Any person, including an authorized health care 92 practitioner, a dispensing health care practitioner, a 93 pharmacist, or a first responder, including any law enforcement 94 officer or emergency medical technician, who possesses, 95 administers, or stores an approved opioid antagonist in 96 compliance with this section and with s. 768.13 is afforded the 97 civil liability immunity protection provided under s. 768.13. 98 (6) Any authorized health care practitioner, acting in good 99 faith and exercising reasonable care, is not subject to 100 discipline or other adverse action under any professional 101 licensure statute or rule and is immune from any civil or 102 criminal liability as a result of prescribing an opioid 103 antagonist in accordance with this section. Any dispensing 104 healthcare practitioner or pharmacist, acting in good faith and 105 exercising reasonable care, is not subject to discipline or 106 other adverse action under any professional licensure statute or 107 rule and is immune from any civil or criminal liability as a 108 result of dispensing an opioid antagonist in accordance with 109 this section. 110 (7) This section does not limit any existing immunities for 111 first responders and others provided under any other applicable 112 statute or rule. This section does not create a duty or standard 113 of care for a person to prescribe or administer an opioid 114 antagonist. 115 Section 3. This act shall take effect upon becoming a law.