CODING: Words stricken are deletions; words underlined are additions.
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 (811096):
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14 Senate Amendment (with title amendment)
15 On page 1, lines 18 and 19, delete those lines
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17 and insert:
18 Section 35. Subsection (6) of section 465.025, Florida
19 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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26 And the title is amended as follows:
27 On page 1, line 29, through page 2, line 1, delete
28 those lines
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30 and insert:
31 amending s. 465.025, F.S.; requiring the
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SENATE AMENDMENT
Bill No. CS for SB 2220
Amendment No.
1 Department of Health to study the necessity of
2 retaining certain drugs on the negative
3 formulary; requiring a report to the
4 Legislature;
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