CS for SB 544                                   Second 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         providing immunity from civil liability to a school
   30         district employee for administering an approved
   31         emergency opioid antagonist to a student; providing an
   32         effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. Subsections (2), (3), and (4) of section
   37  381.887, Florida Statutes, are amended to read:
   38         381.887 Emergency treatment for suspected opioid overdose.—
   39         (2) The purpose of this section is to provide for the
   40  prescribing, ordering, and dispensing prescription of emergency
   41  opioid antagonists an emergency opioid antagonist to patients
   42  and caregivers and to encourage the prescribing, ordering, and
   43  dispensing prescription of emergency opioid antagonists by
   44  authorized health care practitioners.
   45         (3)(a) An authorized health care practitioner may prescribe
   46  and dispense an emergency opioid antagonist to, and a pharmacist
   47  may order an emergency opioid antagonist with an autoinjection
   48  delivery system or intranasal application delivery system for, a
   49  patient or caregiver for use in accordance with this section.,
   50  and
   51         (b)A pharmacist pharmacists may dispense an emergency
   52  opioid antagonist pursuant to a prescription by an authorized
   53  health care practitioner. A pharmacist may dispense an emergency
   54  opioid antagonist with such a prescription or pursuant to a non
   55  patient-specific standing order for an autoinjection delivery
   56  system or intranasal application delivery system, which must be
   57  appropriately labeled with instructions for use, pursuant to a
   58  pharmacist’s order or pursuant to a nonpatient-specific standing
   59  order.
   60         (c)A such patient or caregiver is authorized to store and
   61  possess approved emergency opioid antagonists and, in an
   62  emergency situation when a physician is not immediately
   63  available, administer the emergency opioid antagonist to a
   64  person believed in good faith to be experiencing an opioid
   65  overdose, regardless of whether that person has a prescription
   66  for an emergency opioid antagonist.
   67         (4) The following persons are authorized to possess, store,
   68  and administer emergency opioid antagonists as clinically
   69  indicated and are immune from any civil liability or criminal
   70  liability as a result of administering an emergency opioid
   71  antagonist:
   72         (a) Emergency responders, including, but not limited to,
   73  law enforcement officers, paramedics, and emergency medical
   74  technicians.
   75         (b) Crime laboratory personnel for the statewide criminal
   76  analysis laboratory system as described in s. 943.32, including,
   77  but not limited to, analysts, evidence intake personnel, and
   78  their supervisors.
   79         (c)Personnel of a law enforcement agency or other agency,
   80  including, but not limited to, correctional probation officers
   81  and child protective investigators who, while acting within the
   82  scope or course of employment, come into contact with a
   83  controlled substance or persons at risk of experiencing an
   84  opioid overdose.
   85         Section 2. Paragraph (r) of subsection (2) of section
   86  381.981, Florida Statutes, is amended to read:
   87         381.981 Health awareness campaigns.—
   88         (2) The awareness campaigns shall include the provision of
   89  educational information about preventing, detecting, treating,
   90  and curing the following diseases or conditions. Additional
   91  diseases and conditions that impact the public health may be
   92  added by the board of directors of the Florida Public Health
   93  Institute, Inc.; however, each of the following diseases or
   94  conditions must be included in an awareness campaign during at
   95  least 1 month in any 24-month period:
   96         (r) Substance abuse, including, but not limited to,
   97  emergency opioid antagonists.
   98         Section 3. Subsection (8) is added to section 395.1041,
   99  Florida Statutes, to read:
  100         395.1041 Access to emergency services and care.—
  102  emergency department or an urgent care center that treats and
  103  releases a person in response to a suspected or actual overdose
  104  of a controlled substance must report such incident to the
  105  department if the patient was not transported by a transport
  106  service operating pursuant to part III of chapter 401. Such
  107  reports must be made using an appropriate method with secure
  108  access, including, but not limited to, the Washington/Baltimore
  109  High Intensity Drug Trafficking Overdose Detection Mapping
  110  Application Program, the Florida Prehospital EMS Tracking and
  111  Reporting System (EMSTARS), or another program identified by
  112  department rule. If a hospital emergency department or an urgent
  113  care center reports such an incident, it must use its best
  114  efforts to make the report to the department within 120 hours
  115  after becoming aware of the incident.
  116         Section 4. Paragraph (o) is added to subsection (3) of
  117  section 1002.20, Florida Statutes, to read:
  118         1002.20 K-12 student and parent rights.—Parents of public
  119  school students must receive accurate and timely information
  120  regarding their child’s academic progress and must be informed
  121  of ways they can help their child to succeed in school. K-12
  122  students and their parents are afforded numerous statutory
  123  rights including, but not limited to, the following:
  124         (3) HEALTH ISSUES.—
  125         (o) Naloxone use and supply.—
  126         1. A public school may purchase a supply of the opioid
  127  antagonist naloxone from a wholesale distributor as defined in
  128  s. 499.003 or may enter into an arrangement with a wholesale
  129  distributor or manufacturer as defined in s. 499.003 for
  130  naloxone at fair-market, free, or reduced prices for use in the
  131  event that a student has an opioid overdose. The naloxone must
  132  be maintained in a secure location on the public school’s
  133  premises.
  134         2. A school district employee who administers an approved
  135  emergency opioid antagonist to a student in compliance with ss.
  136  381.887 and 768.13 is immune from civil liability under s.
  137  768.13.
  138         Section 5. This act shall take effect July 1, 2022.