Florida Senate - 2015 CS for SB 758 By the Committee on Health Policy; and Senator Evers 588-01937-15 2015758c1 1 A bill to be entitled 2 An act relating to the prescription and use of opioid 3 antagonists for emergency treatment of opioid 4 overdoses; providing a short title; creating s. 5 381.887, F.S.; defining terms; providing the purposes 6 of the act; providing for the prescribing of opioid 7 antagonists to, and the use of them by, patients and 8 caregivers who have received emergency overdose 9 treatment information; providing for the prescribing 10 of opioid antagonists to, and the use of them by, 11 first responders; providing immunities from liability; 12 providing applicability; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. This act may be cited as the “Florida Opioid 17 Overdose Prevention Act.” 18 Section 2. Section 381.887, Florida Statutes, is created to 19 read: 20 381.887 Prescription for and dispensing of opioid 21 antagonists.— 22 (1) As used in this section, the term: 23 (a) “Administer” or “administration” means to introduce an 24 opioid antagonist into the body of a person by using a 25 formulation approved by the United States Food and Drug 26 Administration. 27 (b) “Authorized health care practitioner” means a licensed 28 practitioner authorized by the laws of this state to prescribe 29 drugs. 30 (c) “Caregiver” means a family member, a friend, or any 31 other person in a position to assist a person at risk of 32 experiencing an opioid overdose. 33 (d) “Emergency overdose treatment information” means 34 information regarding issues that include, but are not limited 35 to, opioid overdose prevention and recognition, how to perform 36 rescue breathing, opioid antagonist dosage and administration, 37 the importance of calling 911 for assistance with an opioid 38 overdose, and care for an overdose victim after administration 39 of an opioid antagonist. 40 (e) “Opioid antagonist” means naloxone hydrochloride or any 41 similarly acting drug that blocks the effects of opioids that 42 have been administered from outside the body and that is 43 approved by the United States Food and Drug Administration for 44 the treatment of an opioid overdose. 45 (f) “Patient” means a person at risk of experiencing an 46 opioid overdose. 47 (2) The purpose of this section is to provide for the 48 prescription of an opioid antagonist to patients and caregivers 49 and to encourage the administration of opioid antagonists for 50 emergency treatment of known or suspected opioid overdoses when 51 a physician or other authorized health care practitioner is not 52 immediately available. 53 (3) An authorized health care practitioner may prescribe an 54 opioid antagonist for use in accordance with this section to a 55 patient or caregiver who has received emergency overdose 56 treatment information. A dispensing health care practitioner or 57 pharmacist may dispense an opioid antagonist, appropriately 58 labeled with instructions for use, pursuant to a prescription 59 which has been issued in the name of a patient or caregiver. In 60 order to fulfill the requirement that a patient or caregiver 61 receive emergency overdose treatment information, such 62 information may be provided to a patient or caregiver by the 63 prescribing authorized health care practitioner or his or her 64 agent. The patient or caregiver who has an opioid antagonist 65 prescription may store and possess an approved opioid 66 antagonist. In an emergency situation when a physician or other 67 authorized health care practitioner is not immediately 68 available, any patient or caregiver who has received emergency 69 overdose treatment information may administer the opioid 70 antagonist to a person believed in good faith to be experiencing 71 an opioid overdose, regardless of whether that person has a 72 prescription for an opioid antagonist. 73 (4) An authorized health care practitioner may, directly or 74 by standing order, prescribe and dispense opioid antagonists to 75 first responders, as defined in s. 112.1815, and such first 76 responders may possess, store, and administer approved opioid 77 antagonists as prescribed and clinically indicated, and in 78 accordance with the policies of the employer of such first 79 responders. 80 (5) Any person, including an authorized health care 81 practitioner, a dispensing health care practitioner, a 82 pharmacist, or a first responder, as defined in s. 112.1815, who 83 possesses, administers, or stores an approved opioid antagonist 84 in compliance with this section and with s. 768.13 is afforded 85 the civil liability immunity protection provided under s. 86 768.13. 87 (6) Any authorized health care practitioner, acting in good 88 faith and exercising reasonable care, is not subject to 89 discipline or other adverse action under any professional 90 licensure statute or rule and is immune from any civil or 91 criminal liability as a result of prescribing an opioid 92 antagonist in accordance with this section. Any dispensing 93 healthcare practitioner or pharmacist, acting in good faith and 94 exercising reasonable care, is not subject to discipline or 95 other adverse action under any professional licensure statute or 96 rule and is immune from any civil or criminal liability as a 97 result of dispensing an opioid antagonist in accordance with 98 this section. 99 (7) This section does not limit any existing immunities for 100 first responders and others provided under any other applicable 101 statute or rule. This section does not create a duty or standard 102 of care for a person to prescribe or administer an opioid 103 antagonist. 104 Section 3. This act shall take effect upon becoming a law.