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. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 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: 64 893.22 Mandatory 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.