Florida Senate - 2019 SB 630
By Senator Perry
8-00755-19 2019630__
1 A bill to be entitled
2 An act relating to nonopioid directives; amending s.
3 456.44, F.S.; providing legislative findings;
4 requiring the Department of Health to establish a
5 voluntary nonopioid directive form; providing
6 requirements for the form; requiring the form to be
7 posted on the department website; requiring certain
8 registrants to document receipt of the form in a
9 patient’s medical record; authorizing a patient to
10 appoint a duly authorized guardian or health care
11 proxy who may revoke a voluntary nonopioid directive;
12 requiring certain registrants to provide a copy of the
13 form to certain patients; requiring a pharmacist to
14 presume that an electronically transmitted
15 prescription for an opioid drug is valid; authorizing
16 a pharmacist to dispense an opioid drug in
17 contradiction of a voluntary nonopioid directive;
18 providing that certain persons are not liable for
19 damages or subject to criminal prosecution under
20 certain circumstances; providing that certain persons
21 may be subject to disciplinary action under certain
22 circumstances; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (7) is added to section 456.44,
27 Florida Statutes, to read:
28 456.44 Controlled substance prescribing.—
29 (7) VOLUNTARY NONOPIOID DIRECTIVE FORM.—
30 (a) The Legislature finds that every competent adult has
31 the fundamental right of self-determination regarding decisions
32 pertaining to his or her own health, including the right to
33 refuse an opioid drug listed as a Schedule II controlled
34 substance in s. 893.03 or 21 U.S.C. s. 812.
35 (b) The department shall establish a voluntary nonopioid
36 directive form. The form shall inform registrants that a patient
37 may not be prescribed, ordered, or administered an opioid drug.
38 The form shall be posted on the department website. A patient
39 may execute and file the form with a registrant. A registrant
40 shall document receipt of the form in a patient’s medical
41 record.
42 (c) A patient may appoint and list on the voluntary
43 nonopioid directive form a duly authorized guardian or health
44 care proxy who may revoke the directive by written or verbal
45 means at any time and for any reason. A person acting in good
46 faith as a duly authorized guardian or health care proxy is not
47 liable for damages in a civil action or subject to criminal
48 prosecution for revoking a voluntary nonopioid directive.
49 (d) A registrant who prescribes, orders, or administers an
50 opioid drug for the treatment of acute pain or chronic
51 nonmalignant pain must provide a copy of the voluntary nonopioid
52 directive form to any patient to whom an opioid drug may be
53 prescribed, ordered, or administered in the course of treatment
54 before prescribing, ordering, or administering the opioid drug.
55 (e) For purposes of this subsection, a pharmacist shall
56 presume that an electronically transmitted prescription for an
57 opioid drug is valid and is authorized to dispense an opioid
58 drug in contradiction of a voluntary nonopioid directive. A
59 pharmacist who exercises reasonable care is not liable for
60 damages in a civil action, subject to criminal prosecution, or
61 deemed to have violated the standard of care for dispensing an
62 opioid drug in contradiction of a voluntary nonopioid directive.
63 (f) A registrant who exercises reasonable care is not
64 liable for damages in a civil action, subject to criminal
65 prosecution, or deemed to have violated the standard of care for
66 refusing to prescribe, order, or administer an opioid drug
67 pursuant to a voluntary nonopioid directive. However, a
68 registrant who fails to comply with a patient’s voluntary
69 nonopioid directive or the revocation thereof may be subject to
70 disciplinary action pursuant to s. 456.072.
71 (g) A registrant employed by a hospital emergency
72 department, acting either as the patient’s physician or as the
73 emergency medical services director, who exercises reasonable
74 care is not liable for damages in a civil action, subject to
75 criminal prosecution, or deemed to have violated the standard of
76 care for prescribing, ordering, or administering an opioid drug
77 to a person who has a voluntary nonopioid directive when the
78 registrant has reasonable cause to believe that an opioid drug
79 is necessary and the registrant had no knowledge of the
80 patient’s voluntary nonopioid directive at the time of
81 prescribing, ordering, or administering the opioid drug.
82 Section 2. This act shall take effect July 1, 2019.