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. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 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.