Florida Senate - 2015                       CS for CS for SB 758
       By the Committees on Appropriations; and Health Policy; and
       Senator Evers
       576-04223-15                                           2015758c2
    1                        A bill to be entitled                      
    2         An act relating to emergency treatment for opioid
    3         overdose; providing a short title; creating s.
    4         381.887, F.S.; providing definitions; providing a
    5         purpose; authorizing certain health care practitioners
    6         to prescribe an emergency opioid antagonist to a
    7         patient or caregiver under certain conditions;
    8         authorizing pharmacists to dispense an emergency
    9         opioid antagonist under certain circumstances;
   10         authorizing storage, possession, and administration of
   11         an emergency opioid antagonist by such patient or
   12         caregiver and certain emergency responders; providing
   13         immunity from liability; providing immunity from
   14         professional sanction or disciplinary action for
   15         certain health care practitioners and pharmacists,
   16         under certain circumstances; providing applicability;
   17         providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. This act may be cited as the “Emergency
   22  Treatment and Recovery Act.”
   23         Section 2. Section 381.887, Florida Statutes, is created to
   24  read:
   25         381.887 Emergency treatment for suspected opioid overdose.—
   26         (1) As used in this section, the term:
   27         (a) “Administer” or “administration” means to introduce an
   28  emergency opioid antagonist into the body of a person.
   29         (b) “Authorized health care practitioner” means a licensed
   30  practitioner authorized by the laws of the state to prescribe
   31  drugs.
   32         (c) “Caregiver” means a family member, friend, or person in
   33  a position to have recurring contact with a person at risk of
   34  experiencing an opioid overdose.
   35         (d) “Emergency opioid antagonist” means naloxone
   36  hydrochloride or any similarly acting drug that blocks the
   37  effects of opioids administered from outside the body and that
   38  is approved by the United States Food and Drug Administration
   39  for the treatment of an opioid overdose.
   40         (e) “Patient” means a person at risk of experiencing an
   41  opioid overdose.
   42         (2) The purpose of this section is to provide for the
   43  prescription of an emergency opioid antagonist to patients and
   44  caregivers and to encourage the prescription of emergency opioid
   45  antagonists by authorized health care practitioners.
   46         (3) An authorized health care practitioner may prescribe an
   47  emergency opioid antagonist to a patient or caregiver for use in
   48  accordance with this section, and pharmacists may dispense an
   49  emergency opioid antagonist pursuant to a prescription issued in
   50  the name of the patient or caregiver, appropriately labeled with
   51  instructions for use. Such patient or caregiver is authorized to
   52  store and possess approved emergency opioid antagonists and, in
   53  an emergency situation when a physician is not immediately
   54  available, administer the emergency opioid antagonist to a
   55  person believed in good faith to be experiencing an opioid
   56  overdose, regardless of whether that person has a prescription
   57  for an emergency opioid antagonist.
   58         (4) Emergency responders, including, but not limited to,
   59  law enforcement officers, paramedics, and emergency medical
   60  technicians, are authorized to possess, store, and administer
   61  emergency opioid antagonists as clinically indicated.
   62         (5) A person, including, but not limited to, an authorized
   63  health care practitioner, a dispensing health care practitioner,
   64  or a pharmacist, who possesses, administers, prescribes,
   65  dispenses, or stores an approved emergency opioid antagonist in
   66  compliance with this section and s. 768.13 is afforded the civil
   67  liability immunity protections provided under s. 768.13.
   68         (6)(a) An authorized health care practitioner, acting in
   69  good faith, is not subject to discipline or other adverse action
   70  under any professional licensure statute or rule and is immune
   71  from any civil or criminal liability as a result of prescribing
   72  an opioid antagonist in accordance with this section.
   73         (b) A dispensing health care practitioner or pharmacist,
   74  acting in good faith, is not subject to discipline or other
   75  adverse action under any professional licensure statute or rule
   76  and is immune from any civil or criminal liability as a result
   77  of dispensing an opioid antagonist in accordance with this
   78  section.
   79         (7) This section does not limit any existing immunities for
   80  emergency responders or others provided under this chapter or
   81  any other applicable provision of law.
   82         Section 3. This act shall take effect upon becoming a law.