SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Brown-Waite moved the following amendment to amendment

12  (333964):

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14         Senate Amendment (with title amendment) 

15         On page 276, between lines 26 and 27,

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17  insert:

18         Section 201.  Subsection (6) of section 465.025,

19  Florida Statutes, is amended to read:

20         465.025  Substitution of drugs.--

21         (6)  The Board of Pharmacy and the Board of Medicine

22  shall establish by rule a formulary of generic drug type and

23  brand name drug products which are determined by the boards to

24  demonstrate clinically significant biological or therapeutic

25  inequivalence and which, if substituted, would pose a threat

26  to the health and safety of patients receiving prescription

27  medication.

28         (a)  The formulary may be added to or deleted from as

29  the Board of Pharmacy and the Board of Medicine deem

30  appropriate.  Any person who requests any inclusion, addition,

31  or deletion of a generic drug type or brand name drug product

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  to the formulary shall have the burden of proof to show cause

 2  why such inclusion, addition, or deletion should be made.

 3         (b)  Upon adoption of the formulary required by this

 4  subsection, and upon each addition, deletion, or modification

 5  to the formulary, the Board of Pharmacy shall mail a copy to

 6  each manager of the prescription department of each community

 7  pharmacy licensed by the state, each nonresident pharmacy

 8  registered in the state, and each board regulating

 9  practitioners licensed by the laws of the state to prescribe

10  drugs shall incorporate such formulary into its rules.  No

11  pharmacist shall substitute a generically equivalent drug

12  product for a prescribed brand name drug product if the brand

13  name drug product or the generic drug type drug product is

14  included in the said formulary.

15         (c)  The Department of Health shall study the necessity

16  of retaining drugs currently listed on the negative formulary,

17  taking into consideration whether each such drug has been

18  listed by the Federal Food and Drug Administration in the

19  Orange Book as an Approved Drug Product with Therapeutic

20  Equivalence Evaluations. The Department of Health shall report

21  its conclusions and recommendations to the Legislature by

22  November 1, 1999.

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24  (Redesignate subsequent sections.)

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

28  And the title is amended as follows:

29         On page 296, line 29, after the semicolon,

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31  insert:

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    8:34 AM   04/28/99                              s2220c1c-10j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         amending s. 465.025, F.S.; requiring the

 2         Department of Health to study the necessity of

 3         retaining certain drugs on the negative

 4         formulary; requiring a report to the

 5         Legislature;

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