Florida Senate - 2012                                    SB 1438
       
       
       
       By Senator Braynon
       
       
       
       
       33-01400-12                                           20121438__
    1                        A bill to be entitled                      
    2         An act relating to prescription labeling; amending s.
    3         456.42, F.S.; revising provisions specifying the
    4         information required to be included in written or
    5         electronically generated prescriptions for medicinal
    6         drugs; amending s. 465.186, F.S.; revising provisions
    7         specifying the information required to be included on
    8         the label of a container containing a medicinal drug;
    9         providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 456.42, Florida Statutes, is amended to
   14  read:
   15         456.42 Written prescriptions for medicinal drugs.—
   16         (1) A written prescription for a medicinal drug issued by a
   17  health care practitioner licensed by law to prescribe such drug
   18  must:
   19         (a) Be legibly printed or typed so as to be capable of
   20  being understood by the pharmacist filling the prescription.;
   21         (b) Include must contain the name of the prescribing
   22  practitioner.,
   23         (c) Include the name and strength of the drug prescribed.,
   24         (d) Include the quantity of the drug prescribed.,
   25         (e) Include a legible, clear statement of the purpose for
   26  which the drug is being prescribed.
   27         (f) Include and the directions for use of the drug.;
   28         (g) must Be dated.; and
   29         (h) must Be signed by the prescribing practitioner on the
   30  day when issued.
   31         (2) However, A prescription that is electronically
   32  generated and transmitted must:
   33         (a) Include contain the name of the prescribing
   34  practitioner.,
   35         (b) Include the name and strength of the drug prescribed.,
   36         (c) Include the quantity of the drug prescribed in
   37  numerical format.,
   38         (d) Include a legible, clear statement of the purpose for
   39  which the drug is being prescribed. and
   40         (e) Include the directions for use of the drug. and must
   41         (f) Be dated and signed by the prescribing practitioner
   42  only on the day issued, which signature may be in an electronic
   43  format as defined in s. 668.003(4).
   44         (3)(2) A written prescription for a controlled substance
   45  listed in chapter 893 must have the quantity of the drug
   46  prescribed in both textual and numerical formats, must be dated
   47  with the abbreviated month written out on the face of the
   48  prescription, and must be either written on a standardized
   49  counterfeit-proof prescription pad produced by a vendor approved
   50  by the department or electronically prescribed as that term is
   51  used in s. 408.0611. As a condition of being an approved vendor,
   52  a prescription pad vendor must submit a monthly report to the
   53  department which, at a minimum, documents the number of
   54  prescription pads sold and identifies the purchasers. The
   55  department may, by rule, require the reporting of additional
   56  information.
   57         Section 2. Paragraph (g) of subsection (3) of section
   58  465.186, Florida Statutes, is redesignated as paragraph (h), and
   59  a new paragraph (g) is added to that subsection to read:
   60         465.186 Pharmacist’s order for medicinal drugs; dispensing
   61  procedure; development of formulary.—
   62         (3) Affixed to the container containing a medicinal drug
   63  dispensed pursuant to this section shall be a label bearing the
   64  following information:
   65         (g) A legible, clear statement of the purpose for which the
   66  drug is being prescribed.
   67         Section 3. This act shall take effect July 1, 2012.