Florida Senate - 2025 CS for SB 1568
By the Appropriations Committee on Health and Human Services;
and Senator Brodeur
603-03457-25 20251568c1
1 A bill to be entitled
2 An act relating to electronic prescribing; amending s.
3 456.42, F.S.; revising health care practitioners who
4 may only electronically transmit prescriptions for
5 certain drugs; revising exceptions; providing
6 construction; republishing s. 456.43(1), F.S.,
7 relating to electronic prescribing for medicinal
8 drugs; amending ss. 458.347 and 459.022, F.S.;
9 conforming cross-references; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Present subsections (1) and (2) of section
15 456.42, Florida Statutes, are redesignated as subsections (2)
16 and (3), respectively, and present subsection (3) of that
17 section is redesignated as subsection (1) and amended, to read:
18 456.42 Written Prescriptions for medicinal drugs.—
19 (1)(3) A health care practitioner licensed by law to
20 prescribe a medicinal drug who maintains a system of electronic
21 health records as defined in s. 408.051(2)(c), or who prescribes
22 medicinal drugs as an owner, an employee, or a contractor of a
23 licensed health care facility or practice that maintains such a
24 system of electronic health records as defined in s.
25 408.051(2)(c) and who is prescribing in his or her capacity as
26 such an owner, an employee, or a contractor, may only
27 electronically transmit prescriptions for such drugs. This
28 requirement applies to such a health care practitioner upon
29 renewal of the health care practitioner’s license or by July 1,
30 2026 2021, whichever is earlier, but does not apply if:
31 (a) The practitioner prescribes fewer than 100 such
32 prescriptions annually;
33 (b) The practitioner is located in an area for which a
34 state of emergency is declared pursuant to s. 252.36;
35 (a) The practitioner and the dispenser are the same entity;
36 (b) The prescription cannot be transmitted electronically
37 under the most recently implemented version of the National
38 Council for Prescription Drug Programs SCRIPT Standard;
39 (c) The practitioner has been issued a waiver by the
40 department, not to exceed 1 year in duration, from the
41 requirement to use electronic prescribing due to demonstrated
42 economic hardship, technological limitations that are not
43 reasonably within the control of the practitioner, or another
44 exceptional circumstance demonstrated by the practitioner;
45 (d) The practitioner reasonably determines that it would be
46 impractical for the patient in question to obtain a medicinal
47 drug prescribed by electronic prescription in a timely manner
48 and such delay would adversely impact the patient’s medical
49 condition;
50 (e) The prescription cannot be electronically prescribed
51 due to a temporary technological or electrical failure that is
52 not in the control of the prescribing practitioner, and such
53 failure is documented in the patient record The practitioner is
54 prescribing a drug under a research protocol;
55 (f) The prescription is for a drug for which the federal
56 Food and Drug Administration requires the prescription to
57 contain elements that may not be included in electronic
58 prescribing;
59 (g) The prescription is issued to an individual receiving
60 hospice care or who is a resident of a nursing home facility; or
61 (g)(h) The practitioner determines that it is in the best
62 interest of the patient, or the patient determines that it is in
63 his or her own best interest, to compare prescription drug
64 prices among area pharmacies. The practitioner must document
65 such determination in the patient’s medical record.
66
67 The department, in consultation with the Board of Medicine, the
68 Board of Osteopathic Medicine, the Board of Podiatric Medicine,
69 the Board of Dentistry, the Board of Nursing, and the Board of
70 Optometry, may adopt rules to implement this subsection. This
71 subsection does not prohibit a pharmacist licensed in this state
72 from filling or refilling a valid prescription submitted
73 electronically or in writing, or require or authorize a change
74 in prescription drug claims adjudication and review procedures
75 by payors related to filling or refilling a valid prescription
76 submitted electronically or in writing. This subsection does not
77 prohibit a pharmacist licensed in this state from filling or
78 refilling a valid prescription that is issued in writing by a
79 prescriber located in another state or that is transcribed by
80 the pharmacy when a prescription is called in by telephone.
81 Section 2. Subsection (1) of section 456.43, Florida
82 Statutes, is republished to read:
83 456.43 Electronic prescribing for medicinal drugs.—
84 (1) Electronic prescribing may not interfere with a
85 patient’s freedom to choose a pharmacy.
86 Section 3. Paragraph (e) of subsection (4) of section
87 458.347, Florida Statutes, is amended to read:
88 458.347 Physician assistants.—
89 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
90 (e) A supervising physician may delegate to a fully
91 licensed physician assistant the authority to prescribe or
92 dispense any medication used in the supervising physician’s
93 practice unless such medication is listed on the formulary
94 created pursuant to paragraph (f). A fully licensed physician
95 assistant may only prescribe or dispense such medication under
96 the following circumstances:
97 1. A physician assistant must clearly identify to the
98 patient that he or she is a physician assistant.
99 2. The supervising physician must notify the department of
100 his or her intent to delegate, on a department-approved form,
101 before delegating such authority and of any change in
102 prescriptive privileges of the physician assistant. Authority to
103 dispense may be delegated only by a supervising physician who is
104 registered as a dispensing practitioner in compliance with s.
105 465.0276.
106 3. A fully licensed physician assistant may procure medical
107 devices and drugs unless the medication is listed on the
108 formulary created pursuant to paragraph (f).
109 4. The physician assistant must complete a minimum of 10
110 continuing medical education hours in the specialty practice in
111 which the physician assistant has prescriptive privileges with
112 each licensure renewal. Three of the 10 hours must consist of a
113 continuing education course on the safe and effective
114 prescribing of controlled substance medications which is offered
115 by a statewide professional association of physicians in this
116 state accredited to provide educational activities designated
117 for the American Medical Association Physician’s Recognition
118 Award Category 1 credit, designated by the American Academy of
119 Physician Assistants as a Category 1 credit, or designated by
120 the American Osteopathic Association as a Category 1-A credit.
121 5. The prescription may be in paper or electronic form but
122 must comply with ss. 456.0392(1) and 456.42(2) 456.42(1) and
123 chapter 499 and must contain the physician assistant’s name,
124 address, and telephone number and the name of each of his or her
125 supervising physicians. Unless it is a drug or drug sample
126 dispensed by the physician assistant, the prescription must be
127 filled in a pharmacy permitted under chapter 465 and must be
128 dispensed in that pharmacy by a pharmacist licensed under
129 chapter 465.
130 6. The physician assistant must note the prescription or
131 dispensing of medication in the appropriate medical record.
132 Section 4. Paragraph (e) of subsection (4) of section
133 459.022, Florida Statutes, is amended to read:
134 459.022 Physician assistants.—
135 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
136 (e) A supervising physician may delegate to a fully
137 licensed physician assistant the authority to prescribe or
138 dispense any medication used in the supervising physician’s
139 practice unless such medication is listed on the formulary
140 created pursuant to s. 458.347. A fully licensed physician
141 assistant may only prescribe or dispense such medication under
142 the following circumstances:
143 1. A physician assistant must clearly identify to the
144 patient that she or he is a physician assistant.
145 2. The supervising physician must notify the department of
146 her or his intent to delegate, on a department-approved form,
147 before delegating such authority and of any change in
148 prescriptive privileges of the physician assistant. Authority to
149 dispense may be delegated only by a supervising physician who is
150 registered as a dispensing practitioner in compliance with s.
151 465.0276.
152 3. A fully licensed physician assistant may procure medical
153 devices and drugs unless the medication is listed on the
154 formulary created pursuant to s. 458.347(4)(f).
155 4. The physician assistant must complete a minimum of 10
156 continuing medical education hours in the specialty practice in
157 which the physician assistant has prescriptive privileges with
158 each licensure renewal. Three of the 10 hours must consist of a
159 continuing education course on the safe and effective
160 prescribing of controlled substance medications which is offered
161 by a provider that has been approved by the American Academy of
162 Physician Assistants and which is designated for the American
163 Medical Association Physician’s Recognition Award Category 1
164 credit, designated by the American Academy of Physician
165 Assistants as a Category 1 credit, or designated by the American
166 Osteopathic Association as a Category 1-A credit.
167 5. The prescription may be in paper or electronic form but
168 must comply with ss. 456.0392(1) and 456.42(2) 456.42(1) and
169 chapter 499 and must contain the physician assistant’s name,
170 address, and telephone number and the name of each of his or her
171 supervising physicians. Unless it is a drug or drug sample
172 dispensed by the physician assistant, the prescription must be
173 filled in a pharmacy permitted under chapter 465, and must be
174 dispensed in that pharmacy by a pharmacist licensed under
175 chapter 465.
176 6. The physician assistant must note the prescription or
177 dispensing of medication in the appropriate medical record.
178 Section 5. This act shall take effect July 1, 2025.