Florida Senate - 2019                                     SB 630
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00755-19                                             2019630__
    1                        A bill to be entitled                      
    2         An act relating to nonopioid directives; amending s.
    3         456.44, F.S.; providing legislative findings;
    4         requiring the Department of Health to establish a
    5         voluntary nonopioid directive form; providing
    6         requirements for the form; requiring the form to be
    7         posted on the department website; requiring certain
    8         registrants to document receipt of the form in a
    9         patient’s medical record; authorizing a patient to
   10         appoint a duly authorized guardian or health care
   11         proxy who may revoke a voluntary nonopioid directive;
   12         requiring certain registrants to provide a copy of the
   13         form to certain patients; requiring a pharmacist to
   14         presume that an electronically transmitted
   15         prescription for an opioid drug is valid; authorizing
   16         a pharmacist to dispense an opioid drug in
   17         contradiction of a voluntary nonopioid directive;
   18         providing that certain persons are not liable for
   19         damages or subject to criminal prosecution under
   20         certain circumstances; providing that certain persons
   21         may be subject to disciplinary action under certain
   22         circumstances; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (7) is added to section 456.44,
   27  Florida Statutes, to read:
   28         456.44 Controlled substance prescribing.—
   29         (7)VOLUNTARY NONOPIOID DIRECTIVE FORM.—
   30         (a)The Legislature finds that every competent adult has
   31  the fundamental right of self-determination regarding decisions
   32  pertaining to his or her own health, including the right to
   33  refuse an opioid drug listed as a Schedule II controlled
   34  substance in s. 893.03 or 21 U.S.C. s. 812.
   35         (b)The department shall establish a voluntary nonopioid
   36  directive form. The form shall inform registrants that a patient
   37  may not be prescribed, ordered, or administered an opioid drug.
   38  The form shall be posted on the department website. A patient
   39  may execute and file the form with a registrant. A registrant
   40  shall document receipt of the form in a patient’s medical
   41  record.
   42         (c)A patient may appoint and list on the voluntary
   43  nonopioid directive form a duly authorized guardian or health
   44  care proxy who may revoke the directive by written or verbal
   45  means at any time and for any reason. A person acting in good
   46  faith as a duly authorized guardian or health care proxy is not
   47  liable for damages in a civil action or subject to criminal
   48  prosecution for revoking a voluntary nonopioid directive.
   49         (d)A registrant who prescribes, orders, or administers an
   50  opioid drug for the treatment of acute pain or chronic
   51  nonmalignant pain must provide a copy of the voluntary nonopioid
   52  directive form to any patient to whom an opioid drug may be
   53  prescribed, ordered, or administered in the course of treatment
   54  before prescribing, ordering, or administering the opioid drug.
   55         (e)For purposes of this subsection, a pharmacist shall
   56  presume that an electronically transmitted prescription for an
   57  opioid drug is valid and is authorized to dispense an opioid
   58  drug in contradiction of a voluntary nonopioid directive. A
   59  pharmacist who exercises reasonable care is not liable for
   60  damages in a civil action, subject to criminal prosecution, or
   61  deemed to have violated the standard of care for dispensing an
   62  opioid drug in contradiction of a voluntary nonopioid directive.
   63         (f)A registrant who exercises reasonable care is not
   64  liable for damages in a civil action, subject to criminal
   65  prosecution, or deemed to have violated the standard of care for
   66  refusing to prescribe, order, or administer an opioid drug
   67  pursuant to a voluntary nonopioid directive. However, a
   68  registrant who fails to comply with a patient’s voluntary
   69  nonopioid directive or the revocation thereof may be subject to
   70  disciplinary action pursuant to s. 456.072.
   71         (g)A registrant employed by a hospital emergency
   72  department, acting either as the patient’s physician or as the
   73  emergency medical services director, who exercises reasonable
   74  care is not liable for damages in a civil action, subject to
   75  criminal prosecution, or deemed to have violated the standard of
   76  care for prescribing, ordering, or administering an opioid drug
   77  to a person who has a voluntary nonopioid directive when the
   78  registrant has reasonable cause to believe that an opioid drug
   79  is necessary and the registrant had no knowledge of the
   80  patient’s voluntary nonopioid directive at the time of
   81  prescribing, ordering, or administering the opioid drug.
   82         Section 2. This act shall take effect July 1, 2019.