CS for SB 544 Second Engrossed
2022544e2
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.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
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.—
101 (8) REPORTING OF CONTROLLED SUBSTANCE OVERDOSES.—A hospital
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.