Florida Senate - 2017                       CS for CS for SB 588
       By the Committees on Criminal Justice; and Health Policy; and
       Senator Passidomo
       591-03918-17                                           2017588c2
    1                        A bill to be entitled                      
    2         An act relating to drug overdoses; providing
    3         legislative findings and intent; amending s. 395.1041,
    4         F.S.; requiring a hospital with an emergency
    5         department to develop a best practices policy to
    6         promote the prevention of unintentional drug
    7         overdoses; authorizing the policy to include certain
    8         processes, guidelines, uses of professionals or
    9         specialists, and protocols; creating s. 401.253, F.S.;
   10         authorizing certain entities to report controlled
   11         substance overdoses to the Department of Health;
   12         defining the term “overdose”; providing requirements
   13         for such reports; providing immunity for persons who
   14         make reports in good faith; providing that a failure
   15         to report is not a basis for licensure discipline;
   16         requiring the department to produce a quarterly report
   17         and share the data with specified entities; providing
   18         for use of such data; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. (1)The Legislature finds that substance abuse
   23  and drug overdose are major health problems that affect the
   24  lives of many people and multiple service systems and that lead
   25  to such profoundly disturbing consequences as permanent injury
   26  or death. Heroin, opiates, illegal drugs, and accidental
   27  overdoses are a crisis and stress the financial, health care,
   28  and public safety resources because there are no central
   29  databases that can quickly help address this problem. Quick data
   30  collection will allow all agencies to focus on specific age
   31  groups, areas, criminal behavior, and needed public education
   32  and prevention with the maximum utilization of resources.
   33  Further, it is the intent of the Legislature to require the
   34  collaboration of local, regional, and state agencies, service
   35  systems, and program offices to address the needs of the public;
   36  to establish a comprehensive system addressing the problems
   37  associated with drug overdoses; and to reduce duplicative
   38  requirements across local, county, state, and health care
   39  agencies.
   40         (2)It is the goal of the Legislature in this act to:
   41         (a)Discourage substance abuse and accidental or
   42  intentional overdoses by quickly identifying the type of drug
   43  involved, whether prescription or illegal, the age of the
   44  individual involved, and the areas where drug overdoses pose a
   45  potential risk to the public, schools, workplaces, and
   46  communities.
   47         (b)Provide a central data point so that data can be shared
   48  between the health care community and municipal, county, and
   49  state agencies to quickly identify needs and provide short- and
   50  long-term solutions while protecting and respecting the rights
   51  of individuals.
   52         (3)It is the intent of the Legislature in this act to
   53  maximize:
   54         (a)The efficiency of financial, public education, health
   55  professional, and public safety resources so that these
   56  resources may be concentrated on areas and groups in need.
   57         (b)The utilization of funding programs for the
   58  dissemination of available federal, state, and private funds
   59  through contractual agreements with licensed basic life support
   60  service providers, advanced life support service providers,
   61  community-based organizations, or units of state or local
   62  government that deliver local substance abuse services in
   63  accordance with the intent of this act and s. 397.321(4),
   64  Florida Statutes.
   65         Section 2. Subsection (6) of section 395.1041, Florida
   66  Statutes, is amended to read:
   67         395.1041 Access to emergency services and care.—
   69         (a) A hospital providing emergency services and care to a
   70  person who is being involuntarily examined under the provisions
   71  of s. 394.463 shall adhere to the rights of patients specified
   72  in part I of chapter 394 and the involuntary examination
   73  procedures provided in s. 394.463, regardless of whether the
   74  hospital, or any part thereof, is designated as a receiving or
   75  treatment facility under part I of chapter 394 and regardless of
   76  whether the person is admitted to the hospital.
   77         (b)Each hospital with an emergency department shall
   78  develop a best practices policy to promote the prevention of
   79  unintentional drug overdoses. The policy may include, but is not
   80  limited to:
   81         1.A process to obtain the patient’s consent to notify the
   82  patient’s next of kin, and each physician or health care
   83  practitioner who prescribed a controlled substance to the
   84  patient, regarding the patient’s overdose, her or his location,
   85  and the nature of the substance or controlled substance involved
   86  in the overdose.
   87         2.A process for providing the patient or the patient’s
   88  next of kin with information about licensed substance abuse
   89  treatment services, voluntary admission procedures under part IV
   90  of chapter 397, involuntary admission procedures under part V of
   91  chapter 397, and involuntary commitment procedures under chapter
   92  394.
   93         3.Guidelines for emergency department health care
   94  practitioners authorized to prescribe controlled substances to
   95  reduce the risk of opioid use, misuse, and addiction.
   96         4.The use of licensed or certified behavioral health
   97  professionals or peer specialists in the emergency department to
   98  encourage the patient to seek substance abuse treatment.
   99         5.The use of Screening, Brief Intervention, and Referral
  100  to Treatment protocols in the emergency department.
  101         Section 3. Section 401.253, Florida Statutes, is created to
  102  read:
  103         401.253Reporting of controlled substance overdoses.—
  104         (1)(a)A basic life support service or advanced life
  105  support service that treats and releases, or transports to a
  106  medical facility, a person in response to an emergency call for
  107  a suspected or actual overdose of a controlled substance may
  108  report such incidents to the department. Such reports must be
  109  made using the Emergency Medical Services Tracking and Reporting
  110  System, or other appropriate method with secure access,
  111  including, but not limited to, the Washington/Baltimore High
  112  Intensity Drug Trafficking Area’s Overdose Detection Mapping
  113  Application Program or other program identified by the
  114  department in rule. If a basic life support service or advanced
  115  life support service reports such incidents, it shall use best
  116  efforts to make the report to the department within 120 hours.
  117         (b)The data collected by the department shall be made
  118  available within 120 hours to law enforcement, public health,
  119  fire rescue, and emergency medical service agencies in each
  120  county.
  121         (c)For purposes of this section, the term “overdose”
  122  means:
  123         1. A condition, including, but not limited to, extreme
  124  physical illness, decreased level of consciousness, respiratory
  125  depression, coma, or death resulting from the consumption or use
  126  of any controlled substance which requires medical attention,
  127  assistance, or treatment; or
  128         2. Clinical suspicion of drug overdose, such as respiratory
  129  depression, unconsciousness, or altered mental status, without
  130  other conditions to explain the clinical condition.
  131         (2)(a)A report of an overdose of a controlled substance
  132  under this section must include:
  133         1.The date and time of overdose.
  134         2.The approximate address of where the person was picked
  135  up or where the overdose took place.
  136         3.Whether an emergency opioid antagonist, as defined in s.
  137  381.887, was administered.
  138         4.Whether the overdose was fatal or nonfatal.
  139         (b)A report of an overdose of a controlled substance under
  140  this section must also include, if the reporting mechanism
  141  permits:
  142         1.The gender and approximate age of the person receiving
  143  attention or treatment.
  144         2.The suspected controlled substance involved in the
  145  overdose.
  146         (3)A basic life support service or advanced life support
  147  service that reports information to or from the department
  148  pursuant to this section in good faith is not subject to civil
  149  or criminal liability for making the report.
  150         (4)Failure to report an overdose under this section is not
  151  grounds for disciplinary action or penalties pursuant to s.
  152  401.411(1)(a).
  153         (5)The department shall produce a quarterly report to the
  154  Statewide Drug Policy Advisory Council, the Department of
  155  Children and Families, and the Florida Fusion Center summarizing
  156  the raw data received pursuant to this section. Such reports
  157  shall also be made immediately available to the county-level
  158  agencies described in paragraph (1)(b). The Statewide Drug
  159  Policy Advisory Council, the Department of Children and
  160  Families, and the department may use these reports to maximize
  161  the utilization of funding programs for licensed basic life
  162  support service providers or advanced life support service
  163  providers, and for the dissemination of available federal,
  164  state, and private funds for local substance abuse services in
  165  accordance with s. 397.321(4).
  166         Section 4. This act shall take effect October 1, 2017.