SB 714 — Nonopioid Advance Directives

Florida Senate - 2025 CS for CS for SB 714 By the Appropriations Committee on FiscalHealth Policy;and Human Services;

theand AppropriationsSenator CommitteeBurton on603-02535-25 Health2025714c1 andA Humanbill Services;to be entitled An act relating to nonopioid advance directives;

and Senator Burton 594-03193-25 2025714c2 A bill to be entitled An act relating to nonopioid advance directives;

395.3042,765.1103, F.S.;

definingrequiring the termDepartment “episode of care”;Health to develop a voluntary nonopioid advance directive form for a specified purpose and make the form available on its website;

requiringproviding therequirements Agency for Healththe Care Administration to create and post on its website a voluntary nonopioid patient form;

requiringproviding eachfor health care facility to post the formvalid onexecution itsof website or provide a link to the formform; on the agency’s website;

providingrequiring forthat the filingform ofbe filed in the formpatient’s beforemedical arecord specifiedwith episodethe facility or provider of care;the patient’s choosing;

providingauthorizing a patient to revoke the form for revocationany andreason, expirationverbally ofor thein form;writing;

providing health care providers with immunity from civil and criminal liability for failing to act in accordance with an advance directive under certain circumstances;

providing exceptions;

defining the term “medical emergency situation”;

SectionSubsection 395.3042,(3) Floridais Statutes,added isto createdsection 765.1103, Florida Statutes, to read:

395.3042765.1103 VoluntaryPain nonopioidmanagement patientand form.—palliative (1)care.— As(3)(a) usedThe inDepartment thisof section,Health theshall termdevelop “episodea ofvoluntary care”nonopioid includesadvance alldirective theform servicesthat providedallows a person to indicate to a patienttreating health care provider that he or she does not want to clinicallybe treatprescribed aor condition,administered an illness,opioid drug for pain management or apalliative procedure.care in the event that he or she should become incapacitated and is unable to personally direct Page 1 of 2 CODING:

(2) The agency shall create and post on its website a voluntary nonopioid patient form that allows a person to indicate to a treating health care provider that the person should not be prescribed or administered an opioid drug during an episode of care.

Each health care facility shall post the voluntary nonopioid patient form on the facility’s website or provide a link to the form on the agency’s website.

(3) At the person’s request and before a specified episode Page 1 of 2 CODING:

Florida Senate - 2025 CS for CS for SB 714 594-03193-25603-02535-25 2025714c22025714c1 ofhis care, the form may be filed in the person’s medical record in a health care facility or aher private office of a health carecare. practitioner who is providing pretreatment or posttreatment care, or both, to the person for a specified episode of care related to the form.

The formdepartment servesshall asmake a person’s directive related to treatment using opioid drugs during the episodeform ofavailable careon atits thewebsite. facility or during the health care practitioner’s pretreatment or posttreatment care.

(4)The Aform personmust mayindicate revoketo a voluntarytreating nonopioidhealth formcare forprovider anythat reasonthe andperson may donot sobe byprescribed written or oraladministered statement.an opioid drug.

The(b) A valid nonopioid advance directive form expiresmust uponbe thesigned conclusionby ofboth the specifiedpatient episodeand ofa carephysician forlicensed whichunder itchapter was458 filed.or chapter 459.

The form must be filed in the patient’s medical record, either with a health care facility of the patient’s choosing or the patient’s primary care physician, or both, and is transferable to another facility or provider upon the patient’s request.

(c) A person may, verbally or in writing, revoke the voluntary nonopioid advance directive form for any reason.

(d) A health care provider without actual knowledge of a patient’s nonopioid advance directive form who prescribes, administers, or orders an opioid for the patient in a medical emergency situation is not civilly or criminally liable for failing to act in accordance with the directive unless the act or omission was the result of a provider’s gross negligence or willful misconduct.

For purposes of this paragraph, the term “medical emergency situation” includes an emergency medical condition and emergency services and care, as those terms are defined in s.

395.002.