Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 758
       
       
       
       
       
       
                                Ì6264647Î626464                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: NC            .                                
             04/24/2015 10:56 AM       .                                
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       Senator Evers moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Emergency
    6  Treatment and Recovery Act.”
    7         Section 2. Section 381.887, Florida Statutes, is created to
    8  read:
    9         381.887 Emergency treatment for suspected opioid overdose.
   10         (1) As used in this section, the term:
   11         (a) “Administer” or “administration” means to introduce an
   12  emergency opioid antagonist into the body of a person.
   13         (b) “Authorized health care practitioner” means a licensed
   14  practitioner authorized by the laws of the state to prescribe
   15  drugs.
   16         (c) “Caregiver” means a family member, friend, or person in
   17  a position to have recurring contact with a person at risk of
   18  experiencing an opioid overdose.
   19         (d) “Emergency opioid antagonist” means naloxone
   20  hydrochloride or any similarly acting drug that blocks the
   21  effects of opioids administered from outside the body and that
   22  is approved by the United States Food and Drug Administration
   23  for the treatment of an opioid overdose.
   24         (e) “Patient” means a person at risk of experiencing an
   25  opioid overdose.
   26         (2) The purpose of this section is to provide for the
   27  prescription of an emergency opioid antagonist to patients and
   28  caregivers and to encourage the prescription of emergency opioid
   29  antagonists by authorized health care practitioners.
   30         (3) An authorized health care practitioner may prescribe
   31  and dispense an emergency opioid antagonist to a patient or
   32  caregiver for use in accordance with this section, and
   33  pharmacists may dispense an emergency opioid antagonist pursuant
   34  to a prescription issued in the name of the patient or
   35  caregiver, appropriately labeled with instructions for use. Such
   36  patient or caregiver is authorized to store and possess approved
   37  emergency opioid antagonists and, in an emergency situation when
   38  a physician is not immediately available, administer the
   39  emergency opioid antagonist to a person believed in good faith
   40  to be experiencing an opioid overdose, regardless of whether
   41  that person has a prescription for an emergency opioid
   42  antagonist.
   43         (4) Emergency responders, including, but not limited to,
   44  law enforcement officers, paramedics, and emergency medical
   45  technicians, are authorized to possess, store, and administer
   46  emergency opioid antagonists as clinically indicated.
   47         (5) A person, including, but not limited to, an authorized
   48  health care practitioner, a dispensing health care practitioner,
   49  or a pharmacist, who possesses, administers, prescribes,
   50  dispenses, or stores an approved emergency opioid antagonist in
   51  compliance with this section and s. 768.13 is afforded the civil
   52  liability immunity protections provided under s. 768.13.
   53         (6)(a) An authorized health care practitioner, acting in
   54  good faith and exercising reasonable care, is not subject to
   55  discipline or other adverse action under any professional
   56  licensure statute or rule and is immune from any civil or
   57  criminal liability as a result of prescribing an emergency
   58  opioid antagonist in accordance with this section.
   59         (b) A dispensing health care practitioner or pharmacist,
   60  acting in good faith and exercising reasonable care, is not
   61  subject to discipline or other adverse action under any
   62  professional licensure statute or rule and is immune from any
   63  civil or criminal liability as a result of dispensing an
   64  emergency opioid antagonist in accordance with this section.
   65         (7) This section does not limit any existing immunities for
   66  emergency responders or others provided under this chapter or
   67  any other applicable provision of law. This section does not
   68  create a duty or standard of care for a person to prescribe or
   69  administer an emergency opioid antagonist.
   70         Section 3. This act shall take effect upon becoming a law.
   71  
   72  ================= T I T L E  A M E N D M E N T ================
   73  And the title is amended as follows:
   74         Delete everything before the enacting clause
   75  and insert:
   76                        A bill to be entitled                      
   77         An act relating to emergency treatment for opioid
   78         overdose; providing a short title; creating s.
   79         381.887, F.S.; defining terms; providing a purpose;
   80         authorizing certain health care practitioners to
   81         prescribe and dispense an emergency opioid antagonist
   82         to a patient or caregiver under certain conditions;
   83         authorizing pharmacists to dispense an emergency
   84         opioid antagonist under certain circumstances;
   85         authorizing storage, possession, and administration of
   86         an emergency opioid antagonist by a patient or
   87         caregiver and certain emergency responders; providing
   88         immunity from liability; providing immunity from
   89         professional sanction or disciplinary action for
   90         certain health care practitioners and pharmacists,
   91         under certain circumstances; providing applicability;
   92         providing that a duty or standard of care is not
   93         created by the section; providing an effective date.