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 (2) of section 465.025, Florida

18  Statutes, is amended to read:

19         465.025  Substitution of drugs.--

20         (2)  A pharmacist who receives a prescription for a

21  brand name drug shall, unless requested otherwise by the

22  purchaser, substitute a less expensive, generically equivalent

23  drug product that is:

24         (a)  Distributed by a business entity doing business,

25  and subject to suit and service of legal process, in the

26  United States; and

27         (b)  Listed in the formulary of generic and brand name

28  drug products as provided in subsection (5) for the brand name

29  drug prescribed,

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31  unless the prescriber writes the words "MEDICALLY NECESSARY,"

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                                                  SENATE AMENDMENT

    Bill No. SB 370

    Amendment No.    





 1  in her or his own handwriting, on the face of a written

 2  prescription or unless, in the case of an oral prescription,

 3  the prescriber expressly indicates to the pharmacist that the

 4  brand name drug prescribed is medically necessary. Any

 5  pharmacist who substitutes any drug as provided in this

 6  subsection must obtain professional liability coverage in the

 7  amount of not less than $3 million per claim.

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 9  (Redesignate subsequent sections.)

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

13  And the title is amended as follows:

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

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16  insert:

17         amending s. 465.025, F,S.; requiring

18         pharmacists who substitute drugs to maintain

19         specified professional liability coverage;

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