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. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 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.— 68 (6) RIGHTS OF PERSONS BEING TREATED.— 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: 103 401.253 Reporting 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.