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Committee advances bill allowing non-opioid advance directives with emergency-room exemption
Summary
CS/ SB 714, to create a non-opioid advance directive allowing patients to refuse opioids even if incapacitated, was reported favorably after adopting an amendment that adds liability protection for providers who administer opioids in medical emergencies.
The Appropriations Committee on Health and Human Services reported favorably on CS for Senate Bill 714 after the committee adopted an amendment to clarify emergency-treatment liability protections.
Sponsor Senator Burton explained the bill creates non-opioid advance directives that allow patients to record their preference not to be offered or given opioids, including when the patient is incapacitated. Burton said the change empowers patients who are recovering addicts or otherwise choose to avoid opioids.
Committee members asked about emergency situations. Burton introduced Amendment (barcode 218,790) to change the liability language so health-care providers would be protected from civil or criminal liability when administering opioids in a medical emergency; the amendment also clarified the shield applies to “administered orders.” The committee adopted the amendment without recorded objection.
Public testimony included opponents and supporters. Linda Bell, president of Florida Right to Life, and several physicians urged caution. Witnesses cited a 2022 JAMA review and warned that complete elimination of opioids in some surgical or critical-care settings can cause worse outcomes; Dr. Dyangowski (identified as president of the Florida Catholic Medical Association) and other clinicians told the committee that nonopioid alternatives are not always effective for procedures, trauma or palliative care. The Florida College of Emergency Physicians filed an appearance card; Tony Larch was listed.
Sponsor and supporters emphasized the bill is voluntary for patients and that the amended language protects providers who must act in emergencies. Committee members (including Senator Broder, Senator Harrell and Vice Chair Davis) spoke in favor, emphasizing patient choice; the clerk then announced the committee had reported the committee substitute for SB 714 favorably.
Actions recorded in the hearing: the committee adopted amendment barcode 218,790 (language clarifying emergency exemptions) and then reported CS for SB 714 favorably. The transcript does not include the text of the Department of Health form that will implement the directive, only that the Department will publish it.
Implementation notes: the bill references a Department of Health advance-directive form; committee testimony noted the form will be developed after passage and that the form’s specific language and any criminal-liability definitions are not yet in the record.
Why it matters: supporters framed the bill as restoring patient choice and protecting recovering patients; clinicians warned against unintended clinical harms if opioid options are strictly removed from some care situations.
