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Florida Now Requires Physicians to Inform Patients About Non-Opioid Alternatives

As the country continues to enact new laws to address the opioid crisis, the Florida legislature has followed suit. House Bill 451 now requires that, before prescribing, ordering, dispensing or administering an opioid to their patients, physicians must inform their patients of available non-opioid alternatives for the treatment of pain. They must also discuss the advantages and disadvantages of non-opioid alternatives, provide an educational pamphlet to the patient and document the non-opioid alternatives considered in the patient’s record. The rule becomes effective July 1, 2019 if signed by Governor Ron De Santis as expected. The requirement does not apply to emergency services and care and does not apply to pharmacists who dispense opioids.

The rule also requires the Department of Health to develop and publish a pamphlet on its website regarding the use of non-opioid alternatives for treatment of pain, including non-opioid drugs, and the advantages and disadvantages of these alternatives.

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume IX, Number 129


About this Author

Michael P Gennett Attorney Polsinelli Miami, Health Care Licensing, Medicare and Medicaid, Compliance and Regulatory Issues

With his wide-range of experience in the health care sector, Michael P. Gennett focuses his practice on the health care licensing, Medicare and Medicaid compliance and regulatory issues. He represents health care practitioners and providers, medical practices, medical equipment companies, pharmacies and large medical centers. Michael has successfully defended health care providers in Medicare and Medicaid appeals, prepayment reviews and other reimbursement issues, in addition, he has handled False Claims Act whistleblower cases and data breaches. He has also assisted health care clients in...