Florida’s Bad Samaritan Bill Won’t Protect First Responders, But It Will Endanger Overdose Victims

Sen. Jay Collins (R-Fla.) just introduced a bill with a laudable goal: protecting first responders from the harms of fentanyl. In reality, though, Senate Bill 718 isn’t needed; fentanyl and other synthetic opioids pose minimal danger to first responders on typical calls. Therefore, the bill would not improve the safety of firefighters, medics, or law enforcement. What SB 718 could do, however, is actively cause harm. By deterring bystanders from calling 911 in the case of an overdose, it would risk the lives of Florida’s most vulnerable residents. And by perpetuating a false narrative about fentanyl exposure, it may increase anxiety among first responders while denying them access to the training and information that could actually keep them safer in the era of fentanyl.

What Does The Bill Do?

Florida SB 718 would create criminal penalties for individuals who “recklessly expose first responders to fentanyl, fentanyl derivatives, analogs of fentanyl, or mixtures containing such substances and an overdose or serious bodily injury of a first responder results.” The bill goes on to define “reckless” exposure as the possession of fentanyl and related substances, and outlines administration of care by a first responder—not toxicological testing or assessment by a physician—as evidence of the criminalized harm.

A Faulty Justification

In 2021—the most recent full year for which data is available—7,827 people in Florida died of a drug overdose, many of which involved fentanyl or other potent synthetic opioids. Although an overdosing person’s friends and loved ones are the people most likely to reverse an overdose, firefighters, law enforcement officers, and emergency medical service providers are often called to the scene as primary rescuers or to provide secondary care. In fact, emergency medical services responded to 19,431 opioid-involved overdoses in Florida during the first six months of 2023.

Such calls potentially put first responders in contact with unknown substances. However, medical experts agree that first responder exposure to opioids in the field—particularly in response to suspected overdoses—is extremely unlikely to cause harm. Unless specifically formulated for transdermal administration, the drugs do not easily or quickly penetrate the skin; scenarios that would put large amounts of powder in the air—such as large-scale raids of production or packaging operations—are rare and predictable; and other circumstances that could increase risk are readily reduced with universal precautions.

Unfortunately, in recent years, stories across mainstream media, social networking sites, and professional organization platforms have perpetuated the myth that even casual skin contact with fentanyl leads to overdose. An analysis of more than 200 media accounts of first responders “overdosing” after exposure to fentanyl found that not one of the sources “reported a plausible route of exposure, clinical manifestations consistent with exposure, and laboratory testing that confirmed exposure.” In the few cases where naloxone was administered, doctors and toxicologists agree that symptoms were not indicative of opioid toxicity.

Thus, while it is important to recognize the safety concerns first responders may face on many calls, on-the-job exposure to fentanyl is extremely unlikely to put them at risk for overdose or other harm. As such, the very basis of FL SB 718 is rooted in inaccurate information, and the bill will not enhance first responder safety.

The Unintended Fallout

While FL SB 718’s faulty justification means it will not protect first responders, the bill could have unintended negative consequences.

Increased Fear and Anxiety Among First Responders

The inaccurate narratives that underpin FL SB 718 have unfortunately driven very real fears and misunderstandings about safety among first responders.

Such fears have led some agencies to adjust how they handle calls involving opioids and other drugs. Increasing use of protective equipment, even if unnecessary, is likely harmless in many cases, but during an overdose response—when time is of the essence—it could delay life-saving care. First responders deserve accurate information so that they are able to balance risk to themselves with their duty to protect and serve the public.

Furthermore, concerns about fentanyl exposure may cause first responders to experience unpleasant and frightening symptoms that, when misunderstood, perpetuate the misinformation that led to them. While there have been no toxicologically confirmed cases of a first responder overdosing on fentanyl due to skin exposure, some officers have reported experiencing distressing symptoms after an exposure. However, these symptoms—agitation and increased heart rate, for example—are characteristic of an anxiety response. Opioid overdose, on the other hand, results in respiratory depression and a slowed heart rate.

Overdose Witnesses May Not Call 911

Bystanders—most often other people who use or are using drugs—are present in an estimated 85 percent of all overdoses, and roughly 43 percent of overdose deaths. These individuals tend to be very committed to administering the overdose reversal medication naloxone when it is available. However, due to the war on drugs and subsequent fears of negative encounters with law enforcement or other first responders, they are often reluctant to call 911 for follow-up medical care.

Good Samaritan laws seek to address this problem by providing varying degrees of immunity for people who call emergency services and/or administer naloxone. Their implementation shows promise in improving willingness to call for help, especially when people who use drugs are made aware of the protections.

FL SB 718 would have the opposite effect, discouraging people from calling 911 in response to an overdose. As discussed above, the true probability of on-the-job fentanyl exposure causing bodily harm to a first responder is incredibly low. However, because fears of fentanyl may lead first responders to experience and respond medically to symptoms they believe to be exposure-related, FL SB 718 dramatically increases the risks associated with any interaction with law enforcement by individuals in possession of illicit drugs.

There Are Real Solutions To Improve First Responder Safety

There is a better way to protect first responders. Rather than codifying unfounded fears about on-the-job fentanyl exposure, legislators and departmental decision-makers in Florida and beyond should promote science-based education and provide practical training in best practices and universal precautions. According to the Journal of Emergency Medical Services, “[t]here is unanimous agreement among physicians and toxicologists that toxicity and overdose from passive exposure to fentanyl is not possible.” Yet, in the only known study of first responders’ perceived risk of brief exposure to fentanyl, 80 percent of the officers believed brief contact with the substance would be deadly. Research indicates that a 10-minute training can successfully correct inaccurate information about the dangers of occupational fentanyl exposure. The Substance Abuse and Mental Health Services Administration developed and offers a free, one-hour online course for first responders. The training describes the extent and impact of the overdose crisis on first responders and addresses the physical and mental health stressors of responding to opioid-overdose calls. Armed with better knowledge, first responders can then make better decisions to protect themselves and the communities they serve.