SENATE AMENDMENT

    Bill No. SB 370

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Myers moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 1, between lines 25 and 26,

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16  insert:

17         Section 2.  Subsection (8) of section 465.025, Florida

18  Statutes, is amended to read:

19         465.025  Substitution of drugs.--

20         (8)  The standard of care to be applied to the acts of

21  any pharmacist performing professional services in compliance

22  with this section when a substitution is made by said

23  pharmacist shall be that which would apply to the performance

24  of professional services in the dispensing of a prescription

25  order prescribing a drug by generic name.  In no event when a

26  pharmacist substitutes a drug shall the prescriber,

27  manufacturer of the drug, or hospital or nursing home, for

28  facility-based pharmacies, be liable in any action for loss,

29  damage, injury, or death to any person occasioned by or

30  arising from the use or nonuse of the substituted drug, unless

31  the original drug was incorrectly prescribed.

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                                                  SENATE AMENDMENT

    Bill No. SB 370

    Amendment No.    





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 2  (Redesignate subsequent sections.)

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 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         On page 1, line 6, after the semicolon,

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 9  insert:

10         amending s. 465.025, F,S.; expanding the

11         immunity from liability which is provided with

12         respect to the use or nonuse of substituted

13         drugs;

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