Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 588 Ì436620zÎ436620 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/27/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Passidomo) recommended the following: 1 Senate Amendment (with title amendment) 2 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: 50 401.253 Reporting 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. 113 114 ================= 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.