Florida Senate - 2017 CS for SB 588 By the Committee on Health Policy; and Senator Passidomo 588-02962-17 2017588c1 1 A bill to be entitled 2 An act relating to drug overdoses; providing 3 legislative findings and intent; creating s. 401.253, 4 F.S.; authorizing certain entities to report 5 controlled substance overdoses to the Department of 6 Health; defining the term “overdose”; providing 7 requirements for such reports; providing immunity for 8 persons who make reports in good faith; providing that 9 a failure to report is not a basis for licensure 10 discipline; requiring the department to produce a 11 quarterly report and share the data with specified 12 entities; providing for use of such data; providing an 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. (1) The Legislature finds that substance abuse 18 and drug overdose are major health problems that affect the 19 lives of many people and multiple service systems and that lead 20 to such profoundly disturbing consequences as permanent injury 21 or death. Heroin, opiates, illegal drugs, and accidental 22 overdoses are a crisis and stress the financial, health care, 23 and public safety resources because there are no central 24 databases that can quickly help address this problem. Quick data 25 collection will allow all agencies to focus on specific age 26 groups, areas, criminal behavior, and needed public education 27 and prevention with the maximum utilization of resources. 28 Further, it is the intent of the Legislature to require the 29 collaboration of local, regional, and state agencies, service 30 systems, and program offices to address the needs of the public; 31 to establish a comprehensive system addressing the problems 32 associated with drug overdoses; and to reduce duplicative 33 requirements across local, county, state, and health care 34 agencies. 35 (2) It is the goal of the Legislature in this act to: 36 (a) Discourage substance abuse and accidental or 37 intentional overdoses by quickly identifying the type of drug 38 involved, whether prescription or illegal, the age of the 39 individual involved, and the areas where drug overdoses pose a 40 potential risk to the public, schools, workplaces, and 41 communities. 42 (b) Provide a central data point so that data can be shared 43 between the health care community and municipal, county, and 44 state agencies to quickly identify needs and provide short- and 45 long-term solutions while protecting and respecting the rights 46 of individuals. 47 (3) It is the intent of the Legislature in this act to 48 maximize: 49 (a) The efficiency of financial, public education, health 50 professional, and public safety resources so that these 51 resources may be concentrated on areas and groups in need. 52 (b) The utilization of funding programs for the 53 dissemination of available federal, state, and private funds 54 through contractual agreements with licensed basic life support 55 service providers, advanced life support service providers, 56 community-based organizations, or units of state or local 57 government that deliver local substance abuse services in 58 accordance with the intent of this act and s. 397.321(4), 59 Florida Statutes. 60 Section 2. Section 401.253, Florida Statutes, is created to 61 read: 62 401.253 Reporting of controlled substance overdoses.— 63 (1)(a) A basic life support service or advanced life 64 support service that treats and releases, or transports to a 65 medical facility, a person in response to an emergency call for 66 a suspected or actual overdose of a controlled substance may 67 report such incidents to the department. Such reports must be 68 made using the Emergency Medical Services Tracking and Reporting 69 System, or other appropriate method with secure access, 70 including, but not limited to, the Washington/Baltimore High 71 Intensity Drug Trafficking Area’s Overdose Detection Mapping 72 Application Program or other program identified by the 73 department in rule. If a basic life support service or advanced 74 life support service reports such incidents, it shall use best 75 efforts to make the report to the department within 120 hours. 76 (b) The data collected by the department shall be made 77 available within 120 hours to law enforcement, public health, 78 fire rescue, and emergency medical service agencies in each 79 county. 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 controlled substance which requires medical attention, 85 assistance, or treatment, or clinical suspicion for drug 86 overdose, such as respiratory depression, unconsciousness, or 87 altered mental status, without other conditions to explain the 88 clinical condition. 89 (2)(a) A report of an overdose of a controlled substance 90 under this section must include: 91 1. The date and time of overdose. 92 2. The approximate address of where the person was picked 93 up or where the overdose took place. 94 3. Whether an emergency opioid antagonist, as defined in s. 95 381.887, was administered. 96 4. Whether the overdose was fatal or nonfatal. 97 (b) A report of an overdose of a controlled substance under 98 this section must also include, if the reporting mechanism 99 permits: 100 1. The gender and approximate age of the person receiving 101 attention or treatment. 102 2. The suspected controlled substance involved in the 103 overdose. 104 (3) A basic life support service or advanced life support 105 service that reports information to or from the department 106 pursuant to this section in good faith is not subject to civil 107 or criminal liability for making the report. 108 (4) Failure to report an overdose under this section is not 109 grounds for disciplinary action or penalties pursuant to s. 110 401.411(1)(a). 111 (5) The department shall produce a quarterly report to the 112 Statewide Drug Policy Advisory Council, the Department of 113 Children and Families, and the Florida Fusion Center summarizing 114 the raw data received pursuant to this section. Such reports 115 shall also be made immediately available to the county-level 116 agencies described in paragraph (1)(b). The Statewide Drug 117 Policy Advisory Council, the Department of Children and 118 Families, and the department may use these reports to maximize 119 the utilization of funding programs for licensed basic life 120 support service providers or advanced life support service 121 providers, and for the dissemination of available federal, 122 state, and private funds for local substance abuse services in 123 accordance with s. 397.321(4). 124 Section 3. This act shall take effect October 1, 2017.