Florida Senate - 2020                                    SB 1080
       By Senator Perry
       8-00361B-20                                           20201080__
    1                        A bill to be entitled                      
    2         An act relating to nonopioid alternatives; amending s.
    3         456.44, F.S.; revising exceptions to certain
    4         controlled substance prescribing requirements;
    5         clarifying that a certain patient or patient
    6         representative must be informed of specified
    7         information, have specified information discussed with
    8         him or her, and be provided with an electronic or
    9         printed copy of a specified educational pamphlet;
   10         providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (c) of subsection (7) of section
   15  456.44, Florida Statutes, is amended to read:
   16         456.44 Controlled substance prescribing.—
   17         (7) NONOPIOID ALTERNATIVES.—
   18         (c) Except when a patient is receiving care in a hospital
   19  critical care unit or in an emergency department or a patient is
   20  receiving hospice services under s. 400.6095 in the provision of
   21  emergency services and care, as defined in s. 395.002, before
   22  providing care that requires the administration of anesthesia
   23  involving the use of an opioid drug listed as a Schedule II
   24  controlled substance in s. 893.03 or 21 U.S.C. s. 812, or
   25  prescribing or ordering, ordering, dispensing, or administering
   26  an opioid drug listed as a Schedule II controlled substance in
   27  s. 893.03 or 21 U.S.C. s. 812 for the treatment of pain, a
   28  health care practitioner who prescribes or orders an opioid
   29  drug, excluding those licensed under chapter 465, must:
   30         1. Inform the patient or the patient’s representative of
   31  available nonopioid alternatives for the treatment of pain,
   32  which may include nonopioid medicinal drugs or drug products,
   33  interventional procedures or treatments, acupuncture,
   34  chiropractic treatments, massage therapy, physical therapy,
   35  occupational therapy, or any other appropriate therapy as
   36  determined by the health care practitioner.
   37         2. Discuss with the patient or the patient’s representative
   38  the advantages and disadvantages of the use of nonopioid
   39  alternatives, including whether the patient is at a high risk
   40  of, or has a history of, controlled substance abuse or misuse
   41  and the patient’s personal preferences.
   42         3. Provide the patient or the patient’s representative,
   43  electronically or in printed form, with the educational pamphlet
   44  described in paragraph (b).
   45         4. Document the nonopioid alternatives considered in the
   46  patient’s record.
   47         Section 2. This act shall take effect July 1, 2020.