Florida Senate - 2019                              CS for SB 630
       By the Committee on Health Policy; and Senators Perry and Baxley
       588-03681-19                                           2019630c1
    1                        A bill to be entitled                      
    2         An act relating to nonopioid alternatives; amending s.
    3         456.44, F.S.; providing a legislative finding;
    4         requiring the Department of Health to develop and
    5         publish on its website an educational pamphlet
    6         regarding the use of nonopioid alternatives for the
    7         treatment of pain; requiring that the pamphlet include
    8         specified information, including the advantages and
    9         disadvantages of the use of such alternatives;
   10         providing requirements for health care practitioners;
   11         providing an exception; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (7) is added to section 456.44,
   16  Florida Statutes, to read:
   17         456.44 Controlled substance prescribing.—
   19         (a)The Legislature finds that every competent adult has
   20  the fundamental right of self-determination regarding decisions
   21  pertaining to his or her own health, including the right to
   22  refuse an opioid drug listed as a Schedule II controlled
   23  substance in s. 893.03 or 21 U.S.C. s. 812.
   24         (b)The department shall develop and publish on its website
   25  an educational pamphlet regarding the use of nonopioid
   26  alternatives for the treatment of pain. The pamphlet must, at a
   27  minimum, include:
   28         1.Information on available nonopioid alternatives for the
   29  treatment of pain, including nonopioid medicinal drugs or drug
   30  products and nonpharmacological therapies; and
   31         2.The advantages and disadvantages of the use of nonopioid
   32  alternatives.
   33         (c)Except in the provision of emergency services and care,
   34  as defined in s. 395.002, before providing anesthesia or
   35  ordering, administering, dispensing, or prescribing an opioid
   36  drug listed as a Schedule II controlled substance in s. 893.03
   37  or 21 U.S.C. s. 812 for the treatment of pain, a health care
   38  practitioner shall:
   39         1.Inform the patient of available nonopioid alternatives
   40  for the treatment of pain, which may include nonopioid medicinal
   41  drugs or drug products, interventional procedures or treatments,
   42  acupuncture, chiropractic treatments, massage therapy, physical
   43  therapy, occupational therapy, or any other appropriate therapy
   44  as determined by the health care practitioner;
   45         2.Discuss the advantages and disadvantages of the use of
   46  nonopioid alternatives, including whether the patient is at a
   47  high risk of, or has a history of, controlled substance abuse or
   48  misuse and the patient’s personal preferences;
   49         3.Provide the patient with the educational pamphlet
   50  described in paragraph (b); and
   51         4.Document the nonopioid alternatives considered in the
   52  patient’s record.
   53         Section 2. This act shall take effect July 1, 2019.