Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. CS for SB 758 Ì7610940Î761094 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/16/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Grimsley) recommended 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 an 31 emergency opioid antagonist to a patient or caregiver for use in 32 accordance with this section, and pharmacists may dispense an 33 emergency opioid antagonist pursuant to a prescription issued in 34 the name of the patient or caregiver, appropriately labeled with 35 instructions for use. Such patient or caregiver is authorized to 36 store and possess approved emergency opioid antagonists and, in 37 an emergency situation when a physician is not immediately 38 available, administer the emergency opioid antagonist to a 39 person believed in good faith to be experiencing an opioid 40 overdose, regardless of whether that person has a prescription 41 for an emergency opioid antagonist. 42 (4) Emergency responders, including, but not limited to, 43 law enforcement officers, paramedics, and emergency medical 44 technicians, are authorized to possess, store, and administer 45 emergency opioid antagonists as clinically indicated. 46 (5) A person, including, but not limited to, an authorized 47 health care practitioner, a dispensing health care practitioner, 48 or a pharmacist, who possesses, administers, prescribes, 49 dispenses, or stores an approved emergency opioid antagonist in 50 compliance with this section and s. 768.13 is afforded the civil 51 liability immunity protections provided under s. 768.13. 52 (6)(a) An authorized health care practitioner, acting in 53 good faith, is not subject to discipline or other adverse action 54 under any professional licensure statute or rule and is immune 55 from any civil or criminal liability as a result of prescribing 56 an opioid antagonist in accordance with this section. 57 (b) A dispensing health care practitioner or pharmacist, 58 acting in good faith, is not subject to discipline or other 59 adverse action under any professional licensure statute or rule 60 and is immune from any civil or criminal liability as a result 61 of dispensing an opioid antagonist in accordance with this 62 section. 63 (7) This section does not limit any existing immunities for 64 emergency responders or others provided under this chapter or 65 any other applicable provision of law. 66 Section 3. This act shall take effect upon becoming a law. 67 68 ================= T I T L E A M E N D M E N T ================ 69 And the title is amended as follows: 70 Delete everything before the enacting clause 71 and insert: 72 A bill to be entitled 73 An act relating to emergency treatment for opioid 74 overdose; providing a short title; creating s. 75 381.887, F.S.; providing definitions; providing 76 purpose; authorizing certain health care practitioners 77 to prescribe an emergency opioid antagonist to a 78 patient or caregiver under certain conditions; 79 authorizing pharmacists to dispense an emergency 80 opioid antagonist under certain circumstances; 81 authorizing storage, possession, and administration of 82 an emergency opioid antagonist by such patient or 83 caregiver and certain emergency responders; providing 84 immunity from liability; providing immunity from 85 professional sanction or disciplinary action for 86 certain health care practitioners and pharmacists, 87 under certain circumstances; providing applicability; 88 providing an effective date.