Florida Senate - 2017                CS for CS for CS for SB 588
       By the Committees on Rules; Criminal Justice; and Health Policy;
       and Senator Passidomo
       595-04452-17                                           2017588c3
    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 hospitals that have 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; providing construction;
   10         creating s. 401.253, F.S.; authorizing certain
   11         entities to report controlled substance overdoses to
   12         the Department of Health; defining the term
   13         “overdose”; providing requirements for such reports;
   14         providing immunity for persons who make reports in
   15         good faith; providing that a failure to report is not
   16         a basis for licensure discipline; requiring the
   17         department to produce a quarterly report and share the
   18         data with specified entities; providing for use of
   19         such data; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. (1)The Legislature finds that substance abuse
   24  and drug overdose are major health problems that affect the
   25  lives of many people and multiple service systems and that lead
   26  to such profoundly disturbing consequences as permanent injury
   27  or death. Heroin, opiates, illegal drugs, and accidental
   28  overdoses are a crisis and stress the financial, health care,
   29  and public safety resources because there are no central
   30  databases that can quickly help address this problem. Quick data
   31  collection will allow all agencies to focus on specific age
   32  groups, areas, criminal behavior, and needed public education
   33  and prevention with the maximum utilization of resources.
   34  Further, it is the intent of the Legislature to require the
   35  collaboration of local, regional, and state agencies, service
   36  systems, and program offices to address the needs of the public;
   37  to establish a comprehensive system addressing the problems
   38  associated with drug overdoses; and to reduce duplicative
   39  requirements across local, county, state, and health care
   40  agencies.
   41         (2)It is the goal of the Legislature in this act to:
   42         (a)Discourage substance abuse and accidental or
   43  intentional overdoses by quickly identifying the type of drug
   44  involved, whether prescription or illegal, the age of the
   45  individual involved, and the areas where drug overdoses pose a
   46  potential risk to the public, schools, workplaces, and
   47  communities.
   48         (b)Provide a central data point so that data can be shared
   49  between the health care community and municipal, county, and
   50  state agencies to quickly identify needs and provide short- and
   51  long-term solutions while protecting and respecting the rights
   52  of individuals.
   53         (3)It is the intent of the Legislature in this act to
   54  maximize:
   55         (a)The efficiency of financial, public education, health
   56  professional, and public safety resources so that these
   57  resources may be concentrated on areas and groups in need.
   58         (b)The utilization of funding programs for the
   59  dissemination of available federal, state, and private funds
   60  through contractual agreements with licensed basic life support
   61  service providers, advanced life support service providers,
   62  community-based organizations, or units of state or local
   63  government that deliver local substance abuse services in
   64  accordance with the intent of this act and s. 397.321(4),
   65  Florida Statutes.
   66         Section 2. Subsection (6) of section 395.1041, Florida
   67  Statutes, is amended to read:
   68         395.1041 Access to emergency services and care.—
   70         (a) A hospital providing emergency services and care to a
   71  person who is being involuntarily examined under the provisions
   72  of s. 394.463 shall adhere to the rights of patients specified
   73  in part I of chapter 394 and the involuntary examination
   74  procedures provided in s. 394.463, regardless of whether the
   75  hospital, or any part thereof, is designated as a receiving or
   76  treatment facility under part I of chapter 394 and regardless of
   77  whether the person is admitted to the hospital.
   78         (b)Each hospital with an emergency department shall
   79  develop a best practices policy to promote the prevention of
   80  unintentional drug overdoses. The policy may include, but is not
   81  limited to:
   82         1.A process to obtain the patient’s consent to notify the
   83  patient’s next of kin, and each physician or health care
   84  practitioner who prescribed a controlled substance to the
   85  patient, regarding the patient’s overdose, her or his location,
   86  and the nature of the substance or controlled substance involved
   87  in the overdose.
   88         2.A process for providing the patient or the patient’s
   89  next of kin with information about licensed substance abuse
   90  treatment services, voluntary admission procedures under part IV
   91  of chapter 397, involuntary admission procedures under part V of
   92  chapter 397, and involuntary commitment procedures under chapter
   93  394.
   94         3.Guidelines for emergency department health care
   95  practitioners authorized to prescribe controlled substances to
   96  reduce the risk of opioid use, misuse, and addiction.
   97         4.The use of licensed or certified behavioral health
   98  professionals or peer specialists in the emergency department to
   99  encourage the patient to seek substance abuse treatment.
  100         5.The use of Screening, Brief Intervention, and Referral
  101  to Treatment protocols in the emergency department.
  103  This paragraph may not be construed as creating a cause of
  104  action for any party.
  105         Section 3. Section 401.253, Florida Statutes, is created to
  106  read:
  107         401.253Reporting of controlled substance overdoses.—
  108         (1)(a)A basic life support service or advanced life
  109  support service that treats and releases, or transports to a
  110  medical facility, a person in response to an emergency call for
  111  a suspected or actual overdose of a controlled substance may
  112  report such incidents to the department. Such reports must be
  113  made using the Emergency Medical Services Tracking and Reporting
  114  System, or other appropriate method with secure access,
  115  including, but not limited to, the Washington/Baltimore High
  116  Intensity Drug Trafficking Area’s Overdose Detection Mapping
  117  Application Program or other program identified by the
  118  department in rule. If a basic life support service or advanced
  119  life support service reports such incidents, it shall use best
  120  efforts to make the report to the department within 120 hours.
  121         (b)The data collected by the department shall be made
  122  available within 120 hours to law enforcement, public health,
  123  fire rescue, and emergency medical service agencies in each
  124  county.
  125         (c)For purposes of this section, the term “overdose”
  126  means:
  127         1. A condition, including, but not limited to, extreme
  128  physical illness, decreased level of consciousness, respiratory
  129  depression, coma, or death resulting from the consumption or use
  130  of any controlled substance which requires medical attention,
  131  assistance, or treatment; or
  132         2. Clinical suspicion of drug overdose, such as respiratory
  133  depression, unconsciousness, or altered mental status, without
  134  other conditions to explain the clinical condition.
  135         (2)(a)A report of an overdose of a controlled substance
  136  under this section must include:
  137         1.The date and time of overdose.
  138         2.The approximate address of where the person was picked
  139  up or where the overdose took place.
  140         3.Whether an emergency opioid antagonist, as defined in s.
  141  381.887, was administered.
  142         4.Whether the overdose was fatal or nonfatal.
  143         (b)A report of an overdose of a controlled substance under
  144  this section must also include, if the reporting mechanism
  145  permits:
  146         1.The gender and approximate age of the person receiving
  147  attention or treatment.
  148         2.The suspected controlled substance involved in the
  149  overdose.
  150         (3)A basic life support service or advanced life support
  151  service that reports information to or from the department
  152  pursuant to this section in good faith is not subject to civil
  153  or criminal liability for making the report.
  154         (4)Failure to report an overdose under this section is not
  155  grounds for disciplinary action or penalties pursuant to s.
  156  401.411(1)(a).
  157         (5)The department shall produce a quarterly report to the
  158  Statewide Drug Policy Advisory Council, the Department of
  159  Children and Families, and the Florida Fusion Center summarizing
  160  the raw data received pursuant to this section. Such reports
  161  shall also be made immediately available to the county-level
  162  agencies described in paragraph (1)(b). The Statewide Drug
  163  Policy Advisory Council, the Department of Children and
  164  Families, and the department may use these reports to maximize
  165  the utilization of funding programs for licensed basic life
  166  support service providers or advanced life support service
  167  providers, and for the dissemination of available federal,
  168  state, and private funds for local substance abuse services in
  169  accordance with s. 397.321(4).
  170         Section 4. This act shall take effect October 1, 2017.