SCS/HCS/HBs 117, 343, & 1091 - This act modifies several provisions relating to controlled substances, including: (1) opioid overdoses; (2) pharmacy settlements; (3) the administration of medications by pharmacists; (4) fentanyl testing.OPIOID OVERDOSES (Sections 190.255 and 195.206)
Currently, qualified first responders may obtain and administer naloxone to a person suffering from an apparent narcotic or opiate-related overdose. This act allows first responders to obtain and administer any drug or device approved by the FDA to block the effects of an opioid overdose. Licensed drug distributors or pharmacies may sell such drugs or devices to first responders for this purpose.
Under current law, state or local law enforcement agency staff members are required to act under the directives and protocols of a medical director of a local licensed ground ambulance service in order to administer naloxone or similar drugs or devices to a person suffering from an apparent narcotic or opiate-related overdose. Under this act, state or local law enforcement agency staff members would not need to act under such directives and protocols to administer naloxone or similar drugs or devices.
This act modifies the definition of "opioid antagonist" in a statute relating to standing orders for opioid antagonists. Currently opioid antagonists are defined as naloxone hydrochloride and this act adds any other drug or device approved by the FDA that blocks the effect of an opioid overdose.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023) and the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023) and substantially similar to provisions in the truly agreed to and finally passed HCS/SS/SCS/SB 70 (2023), the truly agreed to and finally passed HCS/SS/SB 24 (2023), and the truly agreed to and finally passed CCS/HCS/SB 186 (2023).
PHARMACY SETTLEMENTS (Section 196.1050)
This act adds proceeds from opioid settlements with pharmacies to the Opioid Addiction Treatment and Recovery Fund.
This provision is identical to a provision in the truly agreed to and finally passed SS/HB 402 (2023) and the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023) and substantially similar to a provision in the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023).
ADMINISTRATION OF MEDICATIONS BY PHARMACISTS (Sections 338.010 and 338.012)
This act modifies the definition of a medication therapeutic plan by repealing language defining it by the prescription order so long as the prescription order is specific to each patient for care by a pharmacist. This act also repeals language from current law defining the practice of pharmacy as including the administration of specific vaccines by written physician protocol for specific patients and adds language defining the practice of pharmacy as including the ordering and administering of certain FDA-approved or authorized vaccines to persons at least 7 years of age or the CDC-approved age, whichever is older, pursuant to rules promulgated by the Board of Pharmacy and the Board of Registration for the Healing Arts or rules promulgated under a state of emergency.
Under current law, any pharmacist who accepts a prescription order for a medication therapeutic plan shall have a written protocol from the referring physician. This act repeals this provision and permits a pharmacist with a certificate of medication therapeutic plan authority to provide medication therapy services pursuant to a written physician protocol to patients with an established physician-patient relationship with the protocol physician.
Under this act, a licensed pharmacist may order and administer vaccines approved or authorized by the FDA to address a public health need, as authorized by the state or federal government, during a state or federally-declared public health emergency.
Finally, a pharmacist with a certificate of medication therapeutic plan authority may provide influenza, group A streptococcus, and COVID-19 medication therapy services pursuant to a statewide standing order issued by the Director of the Department of Health and Senior Services or a physician licensed by the Department.
These provisions are identical to provisions in the truly agreed to and finally passed SS/HCS/HBs 115 & 99 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), and the perfected SS/SCS/SB 41 (2023) and substantially similar to provisions in HCS/HB 2452 (2022), SB 1126 (2022), and HCS/SS/SB 690 (2022).
FENTANYL TESTING (Section 579.088)
Under this act, it shall not be unlawful to manufacture, possess, sell, deliver, or use any device, equipment, or other material for the purpose of analyzing controlled substances to detect the presence of fentanyl or any synthetic controlled substance fentanyl analogue.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, 36, & 37 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 70 (2023), the truly agreed to and finally passed HCS/SS/SB 24 (2023), the truly agreed to and finally passed SS/HB 402 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), SB 480 (2023), HB 927 (2023), and HB 250 (2023).
SARAH HASKINS