Florida Senate - 2017                                     SB 588
       By Senator Passidomo
       28-00724-17                                            2017588__
    1                        A bill to be entitled                      
    2         An act relating to drug overdoses; providing
    3         legislative findings and intent; creating s. 893.22,
    4         F.S.; requiring certain persons to report controlled
    5         substance overdoses; providing for a reporting agency
    6         in each county; defining the term “overdose”;
    7         providing requirements for such reports; providing
    8         immunity for persons who make such reports in good
    9         faith; requiring sharing of data with specified
   10         entities; providing for use of such data; requiring
   11         maintenance of records for a specified period;
   12         prohibiting failure to make such reports, whether by
   13         omission or willfully; providing criminal penalties;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. (1) The Legislature finds that substance abuse
   19  and drug overdose is a major health problem that affects the
   20  lives of many people, multiple service systems, and leads to
   21  such profoundly disturbing consequences as permanent injury or
   22  death. Heroin, opiate, illegal drug, and accidental overdoses
   23  are a crisis and stress the financial, health care, and public
   24  safety resources because there exist no central databases that
   25  can quickly help address this problem. Quick data collection
   26  will allow all agencies to focus on specific age groups, areas,
   27  criminal behavior, and needed public education and prevention
   28  with the maximum utilization of resources. Further, it is the
   29  intent of the Legislature to require the collaboration of local,
   30  regional, and state agencies, service systems, and program
   31  offices to achieve the goals of chapter 893, Florida Statutes,
   32  and address the needs of the public; to establish a
   33  comprehensive system addressing the problems associated with
   34  drug overdoses; and to reduce duplicative requirements across
   35  local, county, state, and health care agencies. This act is
   36  designed to address the crisis of drug overdoses.
   37         (2)It is the goal of the Legislature in this act to:
   38         (a)Discourage substance abuse and accidental or
   39  intentional overdoses by quickly identifying the type of drug
   40  involved, whether prescription or illegal, the age of the
   41  individual involved, and the areas where drug overdoses pose a
   42  potential risk to the public, schools, workplaces, and
   43  communities.
   44         (b)Provide a central data point in each county so that
   45  data can be shared between the health care community and
   46  municipal, county, and state agencies to quickly identify needs
   47  and provide short and long term solutions while protecting and
   48  respecting the rights of individuals.
   49         (3)It is the intent of the Legislature in this act to
   50  maximize:
   51         (a)The efficiency of financial, public education, health
   52  professional, and public safety resources so that these
   53  resources may be concentrated on areas and groups in need on the
   54  performance of professional functions necessary to carry out the
   55  intent of chapter 893, Florida Statutes.
   56         (b)The utilization of funding programs for the
   57  dissemination of available federal, state, and private funds
   58  through contractual agreements with community-based
   59  organizations or units of state or local government that deliver
   60  local substance abuse services in accordance with s. 397.321(4),
   61  Florida Statutes.
   62         Section 2. Section 893.22, Florida Statutes, is created to
   63  read:
   64         893.22Mandatory reporting of controlled substance
   65  overdoses.—
   66         (1)(a)A physician, nurse, paramedic, emergency medical
   67  technician, or health care worker, or employee thereof, and any
   68  employee of a hospital, sanatorium, or other institution or
   69  provider who knowingly attends or treats or who is requested to
   70  attend or treat an overdose of a controlled substance listed in
   71  s. 893.03 shall report, within 24 hours, such attention or
   72  treatment, or request therefor, to the sheriff or chief law
   73  enforcement officer in the county in which such attention or
   74  treatment is administered or request therefor received.
   75         (b)The sheriff or chief law enforcement officer in each
   76  county may, in his or her discretion, designate or partner with
   77  a public organization or other agency, such as the medical
   78  examiner, to receive, store, and manage the reports and other
   79  data described in this section.
   80         (c)For purposes of this section, the term “overdose” means
   81  a condition, including, but not limited to, extreme physical
   82  illness, decreased level of consciousness, respiratory
   83  depression, coma, or death resulting from the consumption or use
   84  of any substance listed in 893.03 that requires medical
   85  attention, assistance or treatment, and clinical suspicion for
   86  drug overdose, such as respiratory depression, unconsciousness,
   87  or altered mental status, without other conditions to explain
   88  the clinical condition.
   89         (2)A person who reports an overdose of a controlled
   90  substance under this section shall include in the report:
   91         (a)The date of overdose.
   92         (b)The approximate age of the person receiving attention
   93  or treatment.
   94         (c)The suspected kind and quantity of controlled
   95  substances involved in the overdose.
   96         (d)The approximate address of where the person was picked
   97  up, where the overdose took place, or where the person resides.
   98         (3)A person who makes a report under this section in good
   99  faith is not subject to civil or criminal liability for making
  100  the report.
  101         (4)The sheriff or chief law enforcement officer in each
  102  county, or other organization or agency as designated by such
  103  officer pursuant to subsection (1), shall share the general
  104  data, excluding any data relating to a criminal charge, with
  105  health care professionals and the county health department. Each
  106  county health department shall make a semiannual report to the
  107  Statewide Drug Policy Advisory Council in accordance with a
  108  schedule set by the council summarizing the data for that
  109  county. The council may use the reports to maximize the
  110  utilization of funding programs for the dissemination of
  111  available federal, state, and private funds for local substance
  112  abuse services in accordance with s. 397.321(4).
  113         (5)The sheriff or chief law enforcement officer in each
  114  county, or other organization or agency designated pursuant to
  115  subsection (1), shall maintain the records described in this
  116  section. Such records shall be kept and made available for a
  117  period of not less than 5 years for inspection and copying by
  118  law enforcement officers whose duty it is to enforce the laws of
  119  this state relating to controlled substances. Law enforcement
  120  officers are not required to obtain a subpoena, court order, or
  121  search warrant in order to obtain access to copies of such
  122  records.
  123         (6)A person who:
  124         (a)Fails by omission to report the treatment of a drug
  125  overdose of a substance listed in s. 893.03 within 24 hours
  126  after discovery as required in this section commits a
  127  misdemeanor of the second degree, punishable as provided in s.
  128  775.082 or s. 775.083.
  129         (b)Willfully refuses to report the treatment of a drug
  130  overdose of a substance listed in s. 893.03 within 24 hours
  131  after discovery as required in this section commits a
  132  misdemeanor of the first degree, punishable as provided in s.
  133  775.082 or s. 775.083.
  134         Section 3. This act shall take effect October 1, 2017.