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PCS for HB 1091 (relating to substance abuse prevention) — Florida House of Representatives

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Congressional materials
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2021 3093 Professions Public Health Subcommittee Proposed Committee Bills Pcbs Fn Pcs For
Case
2021 3093 Professions Public Health Subcommittee Proposed Committee Bills Pcbs Fn Pcs For Hb 1091

Summary

The PCS for HB 1091, a 2021 Florida House of Representatives bill relating to substance abuse prevention. The bill amends s. 381.887, F.S. on the prescribing, ordering and dispensing of emergency opioid antagonists, authorizes a pharmacist to order them, and requires the Department of Health to run a statewide awareness campaign on opioid overdoses, safe storage of opioid antagonists and safe disposal of opioids. It lists emergency responders, crime laboratory personnel and certain law enforcement and agency personnel as authorized to administer opioid antagonists with immunity from civil or criminal liability. It also amends s. 401.253, F.S. to require basic and advanced life support services to report suspected or actual overdoses, and takes effect July 1, 2021. The bill text runs five pages.

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Cite this document

“PCS for HB 1091 (relating to substance abuse prevention) — Florida House of Representatives.” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-3093-professions-public-health-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-1091/, SHA-256 405a9021e37647b7974be44b14df5f0e1e32cbdc360088934a37454a7f1c0ce5.

Full text

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           PCS for HB 1091                                                                                      2021




    1                                         A bill to be entitled
    2              An act relating to substance abuse prevention;
    3              amending s. 381.887, F.S.; revising provisions
    4              relating to the prescribing, ordering, and dispensing
    5              of emergency opioid antagonists to certain persons;
    6              requiring the Department of Health to develop and
    7              implement a statewide awareness campaign to educate
    8              the public regarding opioid overdoses, the safe
    9              storage and administration of emergency opioid
10                 antagonists, and the safe disposal of opioids;
11                 authorizing a pharmacist to order an emergency opioid
12                 antagonists; authorizing certain persons dispensed
13                 opioid antagonists without a prescription to store and
14                 possess and, in certain emergency situations, to
15                 administer opioid antagonists; providing certain
16                 authorized persons immunity from civil or criminal
17                 liability for administering emergency opioid
18                 antagonists under certain circumstances; authorizing
19                 personnel of law enforcement agencies and other
20                 agencies and certain other persons to administer
21                 emergency opioid antagonists under certain
22                 circumstances; amending s. 401.253, F.S.; requiring
23                 basic life support services or advanced life support
24                 services to report incidents involving a suspected or
25                 actual overdose of a controlled substance; providing

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        PCS for HB 1091                                                                                      2021




26              an effective date.
27
28      Be It Enacted by the Legislature of the State of Florida:
29              Section 1.         Subsections (2), (3), and (4) of section
30      381.887, Florida Statutes, are amended to read:
31              381.887       Emergency treatment for suspected opioid
32      overdose.—
33              (2)(a)       The purpose of this section is to provide for the
34      prescribing, ordering, and dispensing prescription of emergency
35      opioid antagonists an emergency opioid antagonist to patients
36      and caregivers and to encourage the prescribing, ordering, and
37      dispensing prescription of emergency opioid antagonists by
38      authorized health care practitioners.
39              (b)       The Department of Health shall develop and implement a
40      statewide awareness campaign to educate the public regarding:
41              1.        Risk factors of opioid overdoses;
42              2.        Signs and symptoms of opioid overdoses;
43              3.        How to respond to opioid overdoses;
44              4.        Safe storage and administration of emergency opioid
45              antagonists; and
46              5.        Safe disposal of opioids including, but not limited
47      to, permanent prescription drug donation boxes and at-home drug
48      deactivation and disposal systems.
49              (3)(a)       An authorized health care practitioner may
50      prescribe and dispense an emergency opioid antagonist, and a

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        PCS for HB 1091                                                                                      2021




51      pharmacist may order an emergency opioid antagonist with an
52      autoinjection delivery system or intranasal application delivery
53      system, to a patient or caregiver for use in accordance with
54      this section.
55              (b) A pharmacist may dispense an emergency opioid
56      antagonist pursuant to such a prescription by an authorized
57      health care practitioner. A pharmacist may dispense a
58      prescription or pursuant to a non-patient-specific standing
59      order for an emergency opioid antagonist with an autoinjection
60      delivery system or intranasal application delivery system, which
61      must be appropriately labeled with instructions for use,
62      pursuant to a pharmacist order or pursuant to a non-patient
63      standing order.
64              (c) A patient or caregiver is authorized to store and
65      possess emergency opioid antagonists and, in an emergency
66      situation when a physician is not immediately available,
67      administer the emergency opioid antagonist to a person believed
68      in good faith to be experiencing an opioid overdose, regardless
69      of whether that person has a prescription for an emergency
70      opioid antagonist.
71              (4)       The following persons are authorized to possess,
72      store, and administer emergency opioid antagonists as clinically
73      indicated and are immune from any civil liability or criminal
74      liability as a result of administering an emergency opioid
75      antagonist:

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         PCS for HB 1091                                                                                      2021




76               (a)       Emergency responders, including, but not limited to,
77       law enforcement officers, paramedics, and emergency medical
78       technicians.
79               (b)       Crime laboratory personnel for the statewide criminal
80       analysis laboratory system as described in s. 943.32, including,
81       but not limited to, analysts, evidence intake personnel, and
82       their supervisors.
83               (c)       Personnel of a law enforcement agency or other agency,
84       including, but not limited to, correctional probation officers
85       and child protective investigators who, while acting within the
86       scope or course of employment, come into contact with a
87       controlled substance or a person who is at risk of experiencing
88       an opioid overdose.
89               Section 2.         Paragraph (a) of subsection (1) of section
90       401.253, Florida Statutes, is amended to read:
91               401.253       Reporting of controlled substance overdoses.—
92               (1)(a)       A basic life support service or advanced life
93       support service that which treats and releases, or transports to
94       a medical facility, a person in response to an emergency call
95       for a suspected or actual overdose of a controlled substance
96       must may report such incidents to the department. Such reports
97       must be made using the Emergency Medical Service Tracking and
98       Reporting System or other appropriate method with secure access,
99       including, but not limited to, the Washington/Baltimore High
100      Intensity Drug Trafficking Overdose Detection Mapping

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         PCS for HB 1091                                                                                      2021




101      Application Program or other program identified by the
102      department in rule. If a basic life support service or advanced
103      life support service reports such incidents, it must shall make
104      its best efforts to make the report to the department within 120
105      hours after it responds to the incident.
106              Section 3.         This act shall take effect July 1, 2021.
107




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