Senate Bill 714 (2025) — Nonopioid advance directives
SB 714
Florida Bills
Florida Senate - 2025 SB By Senator Burton 12-01086A-25 2025714__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to nonopioid advance directives; 2 amending s. 765.1103, F.S.; requiring the Department of Health to develop a voluntary nonopioid advance directive form for a specified purpose and make the form available on its website; providing requirements for the form; providing for the valid execution of the form; requiring that the form be filed in the patient’s medical record with the facility or provider of the patient’s choosing; authorizing a patient to revoke the form for any reason, verbally or in 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 15 “medical emergency situation”; providing an effective date. 17
Be It Enacted by the Legislature of the State of Florida: 19
Section 1. Subsection (3) is added to
section 765.1103, 21 Florida Statutes, to read: 22 765.1103 Pain management and palliative care.— 23 (3)(
a) The Department of Health shall develop a voluntary nonopioid advance directive form that allows a person to indicate to a treating health care provider that he or she does not want to be prescribed or administered an opioid drug for pain management or palliative care in the event that he or she should become incapacitated and is unable to personally direct Florida Senate - 2025 SB 714 12-01086A-25 2025714__ CODING: Words stricken are deletions; words underlined are additions. his or her health care. The department shall make the form available on its website. The form must indicate to a treating health care provider that the person may not be prescribed or administered an opioid drug. 33
(
b) A valid nonopioid advance directive form must be signed by both the patient and a physician licensed under
chapter 458 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. 40
(
c) A person may, verbally or in writing, revoke the voluntary nonopioid advance directive form for any reason. 42
(
d) A health care provider without actual knowledge of a patient’s nonopioid advance directive form who prescribes an opioid to 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” means an acute injury or illness that poses an immediate risk to a person’s life or long-term health. 51