Fla. Stat. § 401.253 — Florida Code / Title XXIX / Chapter 401 / Part III / Section 401.253
401.253 Reporting of controlled substance overdoses.
Status: in_force

(1)(a) A basic life support service or advanced life support service which treats and releases, or transports to a medical facility, in response to an emergency call for a suspected or actual overdose of a controlled substance may report such incidents to the department. Such reports must be made using the Emergency Medical Service Tracking and Reporting System or other appropriate method with secure access, including, but not limited to, the Washington/Baltimore High Intensity Drug Trafficking Overdose Detection Mapping Application Program or other program identified by the department in rule. If a basic life support service or advanced life support service reports such incidents, it shall make its best efforts to make the report to the department within 120 hours after it responds to the incident. (b) The data collected by the department shall be made available within 120 hours to law enforcement, public health, fire rescue, and emergency medical service agencies in each county. (c) For purposes of this section, the term “overdose” means a condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of any controlled substance that requires medical attention, assistance or treatment, and clinical suspicion for drug overdose, such as respiratory depression, unconsciousness, or altered mental status, without other conditions to explain the clinical condition.

(2)(a) A report of an overdose of a controlled substance under this section shall include: 1. The date and time of overdose. 2. The approximate address of where the person was picked up or where the overdose took place. 3. Whether an emergency opioid antagonist, as defined in s. 381.887, was administered. 4. Whether the overdose was fatal or nonfatal. (b) A report of an overdose of a controlled substance under this section shall also include, if the reporting mechanism permits: 1. The gender and approximate age of the person receiving attention or treatment. 2. The suspected controlled substance involved in the overdose.

(3) A basic life support service or advanced life support service that reports information to or from the department pursuant to this section in good faith is not subject to civil or criminal liability for making the report.

(4) Failure to report an overdose under this section is not grounds for disciplinary action or penalties pursuant to s. 401.411(1)(a).

(5) The department shall produce a quarterly report to the Statewide Drug Policy Advisory Council, the Department of Children and Families, and the Florida FUSION Center summarizing the raw data received pursuant to this section. Such reports shall also be made immediately available to the county-level agencies described in paragraph (1)(b). The Statewide Drug Policy Advisory Council, the Department of Children and Families, and the department may use these reports to maximize the utilization of funding programs for licensed basic life support service providers or advanced life support service providers, and for the dissemination of available federal, state, and private funds for local substance abuse services in accordance with s. 397.321(4).

History: s. 2, ch. 2017-54.