Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 588
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2017           .                                

       The Committee on Criminal Justice (Passidomo) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 60 - 85
    4  and insert:
    5         Section 2. Subsection (6) of section 395.1041, Florida
    6  Statutes, is amended to read:
    7         395.1041 Access to emergency services and care.—
    9         (a) A hospital providing emergency services and care to a
   10  person who is being involuntarily examined under the provisions
   11  of s. 394.463 shall adhere to the rights of patients specified
   12  in part I of chapter 394 and the involuntary examination
   13  procedures provided in s. 394.463, regardless of whether the
   14  hospital, or any part thereof, is designated as a receiving or
   15  treatment facility under part I of chapter 394 and regardless of
   16  whether the person is admitted to the hospital.
   17         (b)Each hospital with an emergency department shall
   18  develop a best practices policy to promote the prevention of
   19  unintentional drug overdoses. The policy may include, but is not
   20  limited to:
   21         1.A process to obtain the patient’s consent to notify the
   22  patient’s next of kin, and each physician or health care
   23  practitioner who prescribed a controlled substance to the
   24  patient, regarding the patient’s overdose, her or his location,
   25  and the nature of the substance or controlled substance involved
   26  in the overdose.
   27         2.A process for providing the patient or the patient’s
   28  next of kin with information about licensed substance abuse
   29  treatment services, voluntary admission procedures under part IV
   30  of chapter 397, involuntary admission procedures under part V of
   31  chapter 397, and involuntary commitment procedures under chapter
   32  394.
   33         3.Guidelines for emergency department health care
   34  practitioners authorized to prescribe controlled substances to
   35  reduce the risk of opioid use, misuse, and addiction.
   36         4.The use of licensed or certified behavioral health
   37  professionals or peer specialists in the emergency department to
   38  encourage the patient to seek substance abuse treatment.
   39         5.The use of Screening, Brief Intervention, and Referral
   40  to Treatment protocols in the emergency department.
   41         Section 3. Section 401.253, Florida Statutes, is created to
   42  read:
   43         401.253Reporting of controlled substance overdoses.—
   44         (1)(a)A basic life support service or advanced life
   45  support service that treats and releases, or transports to a
   46  medical facility, a person in response to an emergency call for
   47  a suspected or actual overdose of a controlled substance may
   48  report such incidents to the department. Such reports must be
   49  made using the Emergency Medical Services Tracking and Reporting
   50  System, or other appropriate method with secure access,
   51  including, but not limited to, the Washington/Baltimore High
   52  Intensity Drug Trafficking Area’s Overdose Detection Mapping
   53  Application Program or other program identified by the
   54  department in rule. If a basic life support service or advanced
   55  life support service reports such incidents, it shall use best
   56  efforts to make the report to the department within 120 hours.
   57         (b)The data collected by the department shall be made
   58  available within 120 hours to law enforcement, public health,
   59  fire rescue, and emergency medical service agencies in each
   60  county.
   61         (c)For purposes of this section, the term “overdose”
   62  means:
   63         1. A condition, including, but not limited to, extreme
   64  physical illness, decreased level of consciousness, respiratory
   65  depression, coma, or death resulting from the consumption or use
   66  of any controlled substance which requires medical attention,
   67  assistance, or treatment; or
   68         2. Clinical suspicion of drug
   70  ================= T I T L E  A M E N D M E N T ================
   71  And the title is amended as follows:
   72         Delete line 3
   73  and insert:
   74         legislative findings and intent; amending s. 395.1041,
   75         F.S.; requiring a hospital with an emergency
   76         department to develop a best practices policy to
   77         promote the prevention of unintentional drug
   78         overdoses; authorizing the policy to include certain
   79         processes, guidelines, uses of professionals or
   80         specialists, and protocols; creating s. 401.253