CS for SB 544                                    First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to drug-related overdose prevention;
    3         amending s. 381.887, F.S.; revising the purpose of
    4         specified provisions relating to the prescribing,
    5         ordering, and dispensing of emergency opioid
    6         antagonists to certain persons by authorized health
    7         care practitioners; authorizing pharmacists to order
    8         certain emergency opioid antagonists; providing
    9         certain authorized persons immunity from civil or
   10         criminal liability for administering emergency opioid
   11         antagonists under certain circumstances; authorizing
   12         personnel of law enforcement agencies and other
   13         agencies to administer emergency opioid antagonists
   14         under certain circumstances; amending s. 381.981,
   15         F.S.; revising requirements for a certain health
   16         awareness campaign; amending s. 395.1041, F.S.;
   17         requiring hospital emergency departments and urgent
   18         care centers to report incidents involving a suspected
   19         or actual overdose to the Department of Health under
   20         certain circumstances; providing requirements for the
   21         reports; requiring hospital emergency departments and
   22         urgent care centers to use their best efforts to
   23         report such incidents to the department within a
   24         specified timeframe; amending s. 1002.20, F.S.;
   25         authorizing a public school to purchase or enter into
   26         an arrangement to receive a supply of the opioid
   27         antagonist naloxone for a certain purpose; specifying
   28         requirements for the maintenance of the naloxone;
   29         requiring the school district to adopt a protocol for
   30         the administration of naloxone; providing that a
   31         school district and its employees and agents and the
   32         physician who provides the protocol are not liable for
   33         any injury arising from the administration of the
   34         naloxone pursuant to the protocol; providing an
   35         exception; providing an effective date.
   37  Be It Enacted by the Legislature of the State of Florida:
   39         Section 1. Subsections (2), (3), and (4) of section
   40  381.887, Florida Statutes, are amended to read:
   41         381.887 Emergency treatment for suspected opioid overdose.—
   42         (2) The purpose of this section is to provide for the
   43  prescribing, ordering, and dispensing prescription of emergency
   44  opioid antagonists an emergency opioid antagonist to patients
   45  and caregivers and to encourage the prescribing, ordering, and
   46  dispensing prescription of emergency opioid antagonists by
   47  authorized health care practitioners.
   48         (3)(a) An authorized health care practitioner may prescribe
   49  and dispense an emergency opioid antagonist to, and a pharmacist
   50  may order an emergency opioid antagonist with an autoinjection
   51  delivery system or intranasal application delivery system for, a
   52  patient or caregiver for use in accordance with this section.,
   53  and
   54         (b)A pharmacist pharmacists may dispense an emergency
   55  opioid antagonist pursuant to a prescription by an authorized
   56  health care practitioner. A pharmacist may dispense an emergency
   57  opioid antagonist with such a prescription or pursuant to a non
   58  patient-specific standing order for an autoinjection delivery
   59  system or intranasal application delivery system, which must be
   60  appropriately labeled with instructions for use, pursuant to a
   61  pharmacist’s order or pursuant to a nonpatient-specific standing
   62  order.
   63         (c)A such patient or caregiver is authorized to store and
   64  possess approved emergency opioid antagonists and, in an
   65  emergency situation when a physician is not immediately
   66  available, administer the emergency opioid antagonist to a
   67  person believed in good faith to be experiencing an opioid
   68  overdose, regardless of whether that person has a prescription
   69  for an emergency opioid antagonist.
   70         (4) The following persons are authorized to possess, store,
   71  and administer emergency opioid antagonists as clinically
   72  indicated and are immune from any civil liability or criminal
   73  liability as a result of administering an emergency opioid
   74  antagonist:
   75         (a) Emergency responders, including, but not limited to,
   76  law enforcement officers, paramedics, and emergency medical
   77  technicians.
   78         (b) Crime laboratory personnel for the statewide criminal
   79  analysis laboratory system as described in s. 943.32, including,
   80  but not limited to, analysts, evidence intake personnel, and
   81  their supervisors.
   82         (c)Personnel of a law enforcement agency or other agency,
   83  including, but not limited to, correctional probation officers
   84  and child protective investigators who, while acting within the
   85  scope or course of employment, come into contact with a
   86  controlled substance or persons at risk of experiencing an
   87  opioid overdose.
   88         Section 2. Paragraph (r) of subsection (2) of section
   89  381.981, Florida Statutes, is amended to read:
   90         381.981 Health awareness campaigns.—
   91         (2) The awareness campaigns shall include the provision of
   92  educational information about preventing, detecting, treating,
   93  and curing the following diseases or conditions. Additional
   94  diseases and conditions that impact the public health may be
   95  added by the board of directors of the Florida Public Health
   96  Institute, Inc.; however, each of the following diseases or
   97  conditions must be included in an awareness campaign during at
   98  least 1 month in any 24-month period:
   99         (r) Substance abuse, including, but not limited to,
  100  emergency opioid antagonists.
  101         Section 3. Subsection (8) is added to section 395.1041,
  102  Florida Statutes, to read:
  103         395.1041 Access to emergency services and care.—
  105  emergency department or an urgent care center that treats and
  106  releases a person in response to a suspected or actual overdose
  107  of a controlled substance must report such incident to the
  108  department if the patient was not transported by a transport
  109  service operating pursuant to part III of chapter 401. Such
  110  reports must be made using an appropriate method with secure
  111  access, including, but not limited to, the Washington/Baltimore
  112  High Intensity Drug Trafficking Overdose Detection Mapping
  113  Application Program, the Florida Prehospital EMS Tracking and
  114  Reporting System (EMSTARS), or another program identified by
  115  department rule. If a hospital emergency department or an urgent
  116  care center reports such an incident, it must use its best
  117  efforts to make the report to the department within 120 hours
  118  after becoming aware of the incident.
  119         Section 4. Paragraph (o) is added to subsection (3) of
  120  section 1002.20, Florida Statutes, to read:
  121         1002.20 K-12 student and parent rights.—Parents of public
  122  school students must receive accurate and timely information
  123  regarding their child’s academic progress and must be informed
  124  of ways they can help their child to succeed in school. K-12
  125  students and their parents are afforded numerous statutory
  126  rights including, but not limited to, the following:
  127         (3) HEALTH ISSUES.—
  128         (o) Naloxone use and supply.—
  129         1. A public school may purchase a supply of the opioid
  130  antagonist naloxone from a wholesale distributor as defined in
  131  s. 499.003 or may enter into an arrangement with a wholesale
  132  distributor or manufacturer as defined in s. 499.003 for
  133  naloxone at fair-market, free, or reduced prices for use in the
  134  event that a student has an opioid overdose. The naloxone must
  135  be maintained in a secure location on the public school’s
  136  premises. The participating school district shall adopt a
  137  protocol developed by a licensed physician for the
  138  administration of the drug by school personnel trained to
  139  recognize an opioid overdose and to administer naloxone.
  140         2. The school district and its employees and agents and the
  141  physician who provides the standing protocol for school naloxone
  142  are not liable for any injury arising from the use of the drug
  143  if it is administered by trained school personnel who follow the
  144  standing protocol and whose professional opinion is that the
  145  student is having an opioid overdose:
  146         a. Unless the trained school personnel’s action is willful
  147  and wanton;
  148         b. Notwithstanding that the parents or guardians of the
  149  student to whom the naloxone is administered have not been
  150  provided notice or have not signed a statement acknowledging
  151  that the school district is not liable; and
  152         c. Regardless of whether authorization has been given by
  153  the student’s parents or guardians or by the student’s
  154  physician, physician’s assistant, or advanced practice
  155  registered nurse.
  156         Section 5. This act shall take effect July 1, 2022.