Bill Text: FL S0530 | 2021 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Nonopioid Alternatives

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2021-05-11 - Chapter No. 2021-12 [S0530 Detail]

Download: Florida-2021-S0530-Engrossed.html

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       SB 530                                           First Engrossed
       
       
       
       
       
       
       
       
       2021530e1
       
    1                        A bill to be entitled                      
    2         An act relating to nonopioid alternatives; amending s.
    3         456.44, F.S.; authorizing certain health care
    4         practitioners to provide a specified educational
    5         pamphlet to patients in an electronic format; amending
    6         s. 627.64195, F.S.; prohibiting health insurance
    7         policies from requiring that treatment with an opioid
    8         analgesic drug product or abuse-deterrent opioid
    9         analgesic drug product be attempted and have failed
   10         before authorizing the use of a nonopioid-based
   11         analgesic drug product; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (c) of subsection (7) of section
   16  456.44, Florida Statutes, is amended to read:
   17         456.44 Controlled substance prescribing.—
   18         (7) NONOPIOID ALTERNATIVES.—
   19         (c) Except when a patient is receiving care in a hospital
   20  critical care unit or emergency department or a patient is
   21  receiving hospice services under s. 400.6095, before providing
   22  care requiring the administration of anesthesia involving the
   23  use of an opioid drug listed as a Schedule II controlled
   24  substance in s. 893.03 or 21 U.S.C. s. 812, or prescribing or
   25  ordering an opioid drug listed as a Schedule II controlled
   26  substance in s. 893.03 or 21 U.S.C. s. 812 for the treatment of
   27  pain, a health care practitioner who prescribes or orders an
   28  opioid drug must:
   29         1. Inform the patient or the patient’s representative of
   30  available nonopioid alternatives for the treatment of pain,
   31  which may include nonopioid medicinal drugs or drug products,
   32  interventional procedures or treatments, acupuncture,
   33  chiropractic treatments, massage therapy, physical therapy,
   34  occupational therapy, or any other appropriate therapy as
   35  determined by the health care practitioner.
   36         2. Discuss with the patient or the patient’s representative
   37  the advantages and disadvantages of the use of nonopioid
   38  alternatives, including whether the patient is at a high risk
   39  of, or has a history of, controlled substance abuse or misuse
   40  and the patient’s personal preferences.
   41         3. Provide the patient or the patient’s representative,
   42  electronically or in printed form, with a printed copy of the
   43  educational pamphlet described in paragraph (b).
   44         4. Document the nonopioid alternatives considered in the
   45  patient’s record.
   46         Section 2. Subsection (2) of section 627.64195, Florida
   47  Statutes, is amended to read:
   48         627.64195 Requirements for opioid coverage.—
   49         (2) COVERAGE REQUIREMENTS.—
   50         (a) A health insurance policy may not require that
   51  treatment with an opioid analgesic drug product or an abuse
   52  deterrent opioid analgesic drug product be attempted and have
   53  failed before authorizing the use of a nonopioid-based analgesic
   54  drug product.
   55         (b) A health insurance policy that provides coverage for
   56  abuse-deterrent opioid analgesic drug products:
   57         1.(a) May impose a prior authorization requirement for an
   58  abuse-deterrent opioid analgesic drug product only if the policy
   59  imposes the same prior authorization requirement for each opioid
   60  analgesic drug product without an abuse-deterrence labeling
   61  claim.
   62         2.(b) May not require use of an opioid analgesic drug
   63  product without an abuse-deterrence labeling claim before
   64  authorizing the use of an abuse-deterrent opioid analgesic drug
   65  product.
   66         Section 3. This act shall take effect July 1, 2021.