SENATE AMENDMENT
Bill No. SB 342
Amendment No. ___ Barcode 771524
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Horne moved the following substitute for amendment
12 (580080):
13
14 Senate Amendment (with title amendment)
15 On page 1, lines 21-27, delete those lines
16
17 insert:
18 Section 2. Subsection (2) of section 465.025, Florida
19 Statutes, is amended to read:
20 465.025 Substitution of drugs.--
21 (2) A pharmacist who receives a prescription for a
22 brand name drug shall, unless requested otherwise by the
23 purchaser, substitute a less expensive, generically equivalent
24 drug product that is:
25 (a) Distributed by a business entity doing business,
26 and subject to suit and service of legal process, in the
27 United States; and
28 (b) Listed in the formulary of generic and brand name
29 drug products as provided in subsection (5) for the brand name
30 drug prescribed,
31
1
11:37 AM 04/30/01 s0342c-06r4x
SENATE AMENDMENT
Bill No. SB 342
Amendment No. ___ Barcode 771524
1 unless the prescriber signs the "Medically Necessary Dispense
2 As Written" line on the prescription form as provided in s.
3 465.0251, writes the words "MEDICALLY NECESSARY," in her or
4 his own handwriting, on the face of a written prescription or
5 unless, in the case of an oral prescription, the prescriber
6 expressly indicates to the pharmacist whether or not a
7 generically equivalent drug may be substituted in its place.
8 The pharmacist shall note the instructions on the file copy of
9 the prescription. The pharmacist shall note the manufacturer
10 of the drug dispensed on the file copy of a written or oral
11 prescription that the brand name drug prescribed is medically
12 necessary.
13 Section 3. Section 465.0251, Florida Statutes, is
14 created to read:
15 465.0251 Prescription instructions for generically
16 equivalent drugs.--Every drug prescription shall contain an
17 instruction on whether or not a generically equivalent drug
18 may be substituted in its place, unless substitution is
19 permitted under a prior-consent authorization.
20 (1) If a written prescription is involved, the form
21 must have two signature lines at opposite ends on the bottom
22 of the form. Under the line at the right side must be clearly
23 printed the words "MEDICALLY NECESSARY DISPENSE AS WRITTEN."
24 Under the line at the left side must be clearly printed the
25 words "SUBSTITUTION PERMITTED." The practitioner shall
26 communicate the instructions to the pharmacist by signing the
27 appropriate line. A prescription is not valid without the
28 signature of the practitioner on one of these lines. In the
29 case of a prescription issued by a practitioner in another
30 state that uses a one-line prescription form or variation
31 thereof, the pharmacist may substitute a generically
2
11:37 AM 04/30/01 s0342c-06r4x
SENATE AMENDMENT
Bill No. SB 342
Amendment No. ___ Barcode 771524
1 equivalent drug unless otherwise instructed by the
2 practitioner through the use of the words "dispense as
3 written," words of similar meaning, or some other indication.
4 (2) If an oral prescription is involved, the
5 practitioner or the practitioner's agent shall instruct the
6 pharmacist as to whether or not a generically equivalent drug
7 may be substituted in its place. The pharmacist shall note the
8 instructions on the file copy of the prescription.
9 (3) The pharmacist shall note the manufacturer of the
10 drug dispensed on the file copy of a written or oral
11 prescription.
12 Section 4. This act shall take effect February 1,
13 2002.
14
15
16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, lines 5-10, delete those lines
19
20 and insert:
21 established in s. 465.025(6), F.S.; amending s.
22 465.025, F.S.; revising provisions relating to
23 substitution of drugs; creating s. 465.0251;
24 providing criteria for written and oral drug
25 prescriptions; providing an effective date.
26
27
28
29
30
31
3
11:37 AM 04/30/01 s0342c-06r4x