Fla. Stat. § 381.887 — Florida Code / Title XXIX / Chapter 381 / Section 381.887
381.887 Emergency treatment for suspected opioid overdose.
Status: in_force

(1) As used in this section, the term: (a) “Administer” or “administration” means to introduce an emergency opioid antagonist into the body of a person. (b) “Authorized health care practitioner” means a licensed practitioner authorized by the laws of this state to prescribe or dispense drugs. (c) “Caregiver” means a family member, friend, or person in a position to have contact with a person at risk of experiencing an opioid overdose. (d) “Emergency opioid antagonist” means naloxone hydrochloride or any similarly acting drug that blocks the effects of opioids administered from outside the body and that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose. (e) “Patient” means a person at risk of experiencing an opioid overdose.

(2) The purpose of this section is to provide for the prescribing, ordering, and dispensing of emergency opioid antagonists to patients and caregivers and to encourage the prescribing, ordering, and dispensing of emergency opioid antagonists by authorized health care practitioners.

(3)(a) An authorized health care practitioner may prescribe and dispense an emergency opioid antagonist to, and a pharmacist may order an emergency opioid antagonist with an autoinjection delivery system, a prefilled injection device delivery system, or an intranasal application delivery system for, a patient or caregiver for use in accordance with this section. (b) A pharmacist may dispense an emergency opioid antagonist pursuant to a prescription by an authorized health care practitioner. A pharmacist may dispense an emergency opioid antagonist with an autoinjection delivery system, a prefilled injection device delivery system, or an intranasal application delivery system, which must be appropriately labeled with instructions for use, pursuant to a pharmacist’s order or pursuant to a nonpatient-specific standing order. (c) A patient or caregiver is authorized to store and possess approved emergency opioid antagonists and, in an emergency situation when a physician is not immediately available, administer the emergency opioid antagonist to a person believed in good faith to be experiencing an opioid overdose, regardless of whether that person has a prescription for an emergency opioid antagonist.

(4) The following persons are authorized to possess, store, and administer emergency opioid antagonists as clinically indicated and are immune from any civil liability or criminal liability as a result of administering an emergency opioid antagonist: (a) Emergency responders, including, but not limited to, law enforcement officers, paramedics, and emergency medical technicians. (b) Crime laboratory personnel for the statewide criminal analysis laboratory system as described in s. 943.32, including, but not limited to, analysts, evidence intake personnel, and their supervisors. (c) Personnel of a law enforcement agency or an other agency, including, but not limited to, correctional probation officers and child protective investigators who, while acting within the scope or course of employment, come into contact with a controlled substance or persons at risk of experiencing an opioid overdose. (d) Personnel of the Department of Juvenile Justice and of any contracted provider with direct contact with youth authorized under chapters 984 and 985.

(5) A person, including, but not limited to, an authorized health care practitioner, a dispensing health care practitioner, or a pharmacist, who possesses, administers, prescribes, dispenses, or stores an approved emergency opioid antagonist in compliance with this section and s. 768.13 is afforded the civil liability immunity protections provided under s. 768.13.

(6)(a) An authorized health care practitioner, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional licensure statute or rule and is immune from any civil or criminal liability as a result of prescribing an emergency opioid antagonist in accordance with this section. (b) A dispensing health care practitioner or pharmacist, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional licensure statute or rule and is immune from any civil or criminal liability as a result of dispensing an emergency opioid antagonist in accordance with this section.

(7) This section does not limit any existing immunities for emergency responders or other persons which are provided under this chapter or any other applicable provision of law. This section does not create a duty or standard of care for a person to prescribe or administer an emergency opioid antagonist.

History: s. 2, ch. 2015-123; s. 1, ch. 2016-145; s. 1, ch. 2017-107; s. 1, ch. 2022-28; s. 1, ch. 2023-184; s. 2, ch. 2024-133.