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 Silver 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 have not been rated as
24 therapeutically equivalent in "Approved Drug Products with
25 Therapeutic Equivalence Evaluations" (Orange Book) published
26 by the Federal Food and Drug Administration, and were not
27 eligible for generic substitution for brand name drug products
28 in at least 40 other states on January 1, 1999 are determined
29 by the boards to demonstrate clinically significant biological
30 or therapeutic inequivalence and which, if substituted, would
31 pose a threat to the health and safety of patients receiving
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SENATE AMENDMENT
Bill No. CS for SB 2220
Amendment No.
1 prescription medication.
2 (a) The formulary may be added to or deleted from as
3 the Board of Pharmacy and the Board of Medicine deem
4 appropriate. Any person who requests any inclusion, addition,
5 or deletion of a generic drug type or brand name drug product
6 to the formulary shall have the burden of proof to show cause
7 why such inclusion, addition, or deletion should be made.
8 (b) Upon adoption of the formulary required by this
9 subsection, and upon each addition, deletion, or modification
10 to the formulary, the Board of Pharmacy shall mail a copy to
11 each manager of the prescription department of each community
12 pharmacy licensed by the state, each nonresident pharmacy
13 registered in the state, and each board regulating
14 practitioners licensed by the laws of the state to prescribe
15 drugs shall incorporate such formulary into its rules. No
16 pharmacist shall substitute a generically equivalent drug
17 product for a prescribed brand name drug product if the brand
18 name drug product or the generic drug type drug product is
19 included in the said formulary, unless the generically
20 equivalent drug product has been rated as therapeutically
21 equivalent in the Orange Book.
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23 (Redesignate subsequent sections.)
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27 And the title is amended as follows:
28 On page 296, line 29, after the semicolon,
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31 amending s. 465.025, F.S.; revising
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8:25 AM 04/28/99 s2220c1c-38j02
SENATE AMENDMENT
Bill No. CS for SB 2220
Amendment No.
1 requirements for the Board of Pharmacy and the
2 Board of Medicine in adopting a formulary of
3 generic drugs and brand name drugs;
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