Florida Senate - 2025                      CS for CS for SB 1346
       
       
        
       By the Committees on Judiciary; and Health Policy; and Senators
       Polsky and Pizzo
       
       
       
       
       590-03188-25                                          20251346c2
    1                        A bill to be entitled                      
    2         An act relating to fentanyl testing; creating s.
    3         395.1042, F.S.; providing a short title; requiring
    4         hospitals and hospital-based off-campus emergency
    5         departments to test for fentanyl as part of any urine
    6         testing they conduct to treat individuals for possible
    7         drug overdose or poisoning; requiring such facilities
    8         to perform a confirmation test if the urine test
    9         results are positive for fentanyl; requiring that the
   10         results of such tests be retained as part of the
   11         patient’s clinical record in accordance with the
   12         facility’s current recordkeeping practices; providing
   13         an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 395.1042, Florida Statutes, is created
   18  to read:
   19         395.1042 Fentanyl testing.—
   20         (1) This section may be cited as “Gage’s Law.”
   21         (2)(a) If an individual is treated at a hospital or
   22  hospital-based off-campus emergency department for emergency
   23  services and care for a possible drug overdose or poisoning and
   24  the hospital or hospital-based off-campus emergency department
   25  conducts a urine test to assist in diagnosing the individual’s
   26  condition, the hospital must include testing for fentanyl in the
   27  urine test.
   28         (b) If the test results are positive for fentanyl, the
   29  hospital must perform a confirmation test as defined in s.
   30  440.102(1).
   31         (c) The results of the urine test and the confirmation test
   32  must be retained as part of the patient’s clinical record for
   33  the timeframe required by the hospital’s or hospital-based off
   34  campus emergency department’s current clinical recordkeeping
   35  practices.
   36         Section 2. This act shall take effect July 1, 2025.