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.