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Bills would require Florida hospitals to test overdose patients for fentanyl

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The bill known as “Gage’s Law” would require hospitals to test for fentanyl in cases of suspected drug overdose

Concerns about overdose deaths caused by a synthetic opioid called fentanyl are growing. That’s partly because it’s become seemingly common for dealers to mix fentanyl into other drugs. Now a measure to require hospitals to test for fentanyl when a person comes in with a suspected drug overdose is poised for the floor in both chambers.

According to the bill analysis, in Florida, more than 2,500 people died with fentanyl in their systems during the first half of 2023. Of those deaths, the vast majority were accidental.
A bill known as “Gage’s Law” would require hospitals to conduct mandatory fentanyl testing in cases of suspected drug overdose or poisoning.

Orlando Democratic Representative Rita Harris is sponsoring the bill in the House. She says it’s named for Gage Austin Taylor, who died about three years ago of an accidental fentanyl overdose.

“The goal of this legislation is simple," says Harris. "It’s to enhance detection and management of fentanyl-related incidents in emergency medical settings where time-sensitive care is often the difference between life and death. As Florida continues to grapple with the deadly impact of fentanyl, and as we continue to tackle the crisis, Gage’s Law will make an immediate difference in how we detect and treat this dangerous substance.”

Fentanyl is a synthetic opioid approved by the U.S. Food and Drug Administration for pain relief. According to the bill analysis, it’s roughly 100 times more potent than morphine and 50 times more potent than heroin. Illicit manufacturers often mix it with other drugs -- such as heroin, methamphetamine and cocaine -- to increase the potency of what they’re selling and to lower the cost of production.

Megan LaDue says her son Wade’s death was preventable. He’d taken another drug without knowing it also contained fentanyl, and he overdosed. He was revived with Narcan – but just temporarily.

“I asked the doctor to test him, to run a toxicology screen so we could know what was in his system, and the doctor refused," she says. "They never tested for fentanyl. They never told me how dangerous it was. They never warned us that fentanyl stays in your body longer than Narcan can reverse it. And then, unstable, they medically discharged him and sent him home.”

LaDue says the emergency room is where her son should have been saved.

“I didn’t know that my son was still in danger," she says. "I didn’t know that the drugs still in his system were killing him.”

LaDue’s grief strikes a nerve. Several lawmakers say they’ve heard from constituents who lost loved ones to fentanyl. Hollywood Democratic Representative Marie Woodson says a friend of hers lost a child to fentanyl.

“...and that was my first encounter with parents who lost their children to this deadly drug," Woodson says. "And I did not know that so many parents were going through that. She invited me to an event and I was shocked to hear the parents talking about the pain, seeing what they all were going through.”

Under the bill, a hospital or hospital-based off-campus emergency department would be required to conduct fentanyl tests for all overdose cases and keep the results in the patient’s clinical record.

Follow @MargieMenzel

Margie Menzel covers local and state government for WFSU News. She has also worked at the News Service of Florida and Gannett News Service. She earned her B.A. in history at Vanderbilt University and her M.S. in journalism at Florida A&M University.