Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 588
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2017           .                                

       The Committee on Health Policy (Passidomo) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. (1)The Legislature finds that substance abuse
    6  and drug overdose are major health problems that affect the
    7  lives of many people and multiple service systems and that lead
    8  to such profoundly disturbing consequences as permanent injury
    9  or death. Heroin, opiates, illegal drugs, and accidental
   10  overdoses are a crisis and stress the financial, health care,
   11  and public safety resources because there are no central
   12  databases that can quickly help address this problem. Quick data
   13  collection will allow all agencies to focus on specific age
   14  groups, areas, criminal behavior, and needed public education
   15  and prevention with the maximum utilization of resources.
   16  Further, it is the intent of the Legislature to require the
   17  collaboration of local, regional, and state agencies, service
   18  systems, and program offices to address the needs of the public;
   19  to establish a comprehensive system addressing the problems
   20  associated with drug overdoses; and to reduce duplicative
   21  requirements across local, county, state, and health care
   22  agencies.
   23         (2)It is the goal of the Legislature in this act to:
   24         (a)Discourage substance abuse and accidental or
   25  intentional overdoses by quickly identifying the type of drug
   26  involved, whether prescription or illegal, the age of the
   27  individual involved, and the areas where drug overdoses pose a
   28  potential risk to the public, schools, workplaces, and
   29  communities.
   30         (b)Provide a central data point so that data can be shared
   31  between the health care community and municipal, county, and
   32  state agencies to quickly identify needs and provide short- and
   33  long-term solutions while protecting and respecting the rights
   34  of individuals.
   35         (3)It is the intent of the Legislature in this act to
   36  maximize:
   37         (a)The efficiency of financial, public education, health
   38  professional, and public safety resources so that these
   39  resources may be concentrated on areas and groups in need.
   40         (b)The utilization of funding programs for the
   41  dissemination of available federal, state, and private funds
   42  through contractual agreements with licensed basic life support
   43  service providers, advanced life support service providers,
   44  community-based organizations, or units of state or local
   45  government that deliver local substance abuse services in
   46  accordance with the intent of this act and s. 397.321(4),
   47  Florida Statutes.
   48         Section 2. Section 401.253, Florida Statutes, is created to
   49  read:
   50         401.253Reporting of controlled substance overdoses.—
   51         (1)(a)A basic life support service or advanced life
   52  support service that treats and releases, or transports to a
   53  medical facility, a person in response to an emergency call for
   54  a suspected or actual overdose of a controlled substance may
   55  report such incidents to the department. Such reports must be
   56  made using the Emergency Medical Services Tracking and Reporting
   57  System, or other appropriate method with secure access,
   58  including, but not limited to, the Washington/Baltimore High
   59  Intensity Drug Trafficking Area’s Overdose Detection Mapping
   60  Application Program or other program identified by the
   61  department in rule. If a basic life support service or advanced
   62  life support service reports such incidents, it shall use best
   63  efforts to make the report to the department within 120 hours.
   64         (b)The data collected by the department shall be made
   65  available within 120 hours to law enforcement, public health,
   66  fire rescue, and emergency medical service agencies in each
   67  county.
   68         (c)For purposes of this section, the term “overdose” means
   69  a condition, including, but not limited to, extreme physical
   70  illness, decreased level of consciousness, respiratory
   71  depression, coma, or death resulting from the consumption or use
   72  of any controlled substance which requires medical attention,
   73  assistance, or treatment, or clinical suspicion for drug
   74  overdose, such as respiratory depression, unconsciousness, or
   75  altered mental status, without other conditions to explain the
   76  clinical condition.
   77         (2)(a)A report of an overdose of a controlled substance
   78  under this section must include:
   79         1.The date and time of overdose.
   80         2.The approximate address of where the person was picked
   81  up or where the overdose took place.
   82         3.Whether an emergency opioid antagonist, as defined in s.
   83  381.887, was administered.
   84         4.Whether the overdose was fatal or nonfatal.
   85         (b)A report of an overdose of a controlled substance under
   86  this section must also include, if the reporting mechanism
   87  permits:
   88         1.The gender and approximate age of the person receiving
   89  attention or treatment.
   90         2.The suspected controlled substance involved in the
   91  overdose.
   92         (3)A basic life support service or advanced life support
   93  service that reports information to or from the department
   94  pursuant to this section in good faith is not subject to civil
   95  or criminal liability for making the report.
   96         (4)Failure to report an overdose under this section is not
   97  grounds for disciplinary action or penalties pursuant to s.
   98  401.411(1)(a).
   99         (5)The department shall produce a quarterly report to the
  100  Statewide Drug Policy Advisory Council, the Department of
  101  Children and Families, and the Florida Fusion Center summarizing
  102  the raw data received pursuant to this section. Such reports
  103  shall also be made immediately available to the county-level
  104  agencies described in paragraph (1)(b). The Statewide Drug
  105  Policy Advisory Council, the Department of Children and
  106  Families, and the department may use these reports to maximize
  107  the utilization of funding programs for licensed basic life
  108  support service providers or advanced life support service
  109  providers, and for the dissemination of available federal,
  110  state, and private funds for local substance abuse services in
  111  accordance with s. 397.321(4).
  112         Section 3. This act shall take effect October 1, 2017.
  114  ================= T I T L E  A M E N D M E N T ================
  115  And the title is amended as follows:
  116         Delete everything before the enacting clause
  117  and insert:
  118                        A bill to be entitled                      
  119         An act relating to drug overdoses; providing
  120         legislative findings and intent; creating s. 401.253,
  121         F.S.; authorizing certain entities to report
  122         controlled substance overdoses to the Department of
  123         Health; defining the term “overdose”; providing
  124         requirements for such reports; providing immunity for
  125         persons who make reports in good faith; providing that
  126         a failure to report is not a basis for licensure
  127         discipline; requiring the department to produce a
  128         quarterly report and share the data with specified
  129         entities; providing for use of such data; providing an
  130         effective date.