SENATE AMENDMENT
    Bill No. HB 69, 1st Eng.
    Amendment No. ___   Barcode 032204
                            CHAMBER ACTION
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11  Senator Horne moved the following substitute for amendment
12  (775280):
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14         Senate Amendment (with title amendment) 
15         On page 1, lines 23-29, delete those lines
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17  insert:  
18         Section 2.  Subsection (2) of section 465.025, Florida
19  Statutes, is amended to read:
20         465.025  Substitution of drugs.--
21         (2)  A pharmacist who receives a prescription for a
22  brand name drug shall, unless requested otherwise by the
23  purchaser, substitute a less expensive, generically equivalent
24  drug product that is:
25         (a)  Distributed by a business entity doing business,
26  and subject to suit and service of legal process, in the
27  United States; and
28         (b)  Listed in the formulary of generic and brand name
29  drug products as provided in subsection (5) for the brand name
30  drug prescribed,
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    11:33 AM   04/30/01                               h0069c-06r7v

SENATE AMENDMENT Bill No. HB 69, 1st Eng. Amendment No. ___ Barcode 032204 1 unless the prescriber signs the "Medically Necessary Dispense 2 As Written" line on the prescription form as provided in s. 3 465.0251, writes the words "MEDICALLY NECESSARY," in her or 4 his own handwriting, on the face of a written prescription or 5 unless, in the case of an oral prescription, the prescriber 6 expressly indicates to the pharmacist whether or not a 7 generically equivalent drug may be substituted in its place. 8 The pharmacist shall note the instructions on the file copy of 9 the prescription. The pharmacist shall note the manufacturer 10 of the drug dispensed on the file copy of a written or oral 11 prescription that the brand name drug prescribed is medically 12 necessary. 13 Section 3. Section 465.0251, Florida Statutes, is 14 created to read: 15 465.0251 Prescription instructions for generically 16 equivalent drugs.--Every drug prescription shall contain an 17 instruction on whether or not a generically equivalent drug 18 may be substituted in its place, unless substitution is 19 permitted under a prior-consent authorization. 20 (1) If a written prescription is involved, the form 21 must have two signature lines at opposite ends on the bottom 22 of the form. Under the line at the right side must be clearly 23 printed the words "MEDICALLY NECESSARY DISPENSE AS WRITTEN." 24 Under the line at the left side must be clearly printed the 25 words "SUBSTITUTION PERMITTED." The practitioner shall 26 communicate the instructions to the pharmacist by signing the 27 appropriate line. A prescription is not valid without the 28 signature of the practitioner on one of these lines. In the 29 case of a prescription issued by a practitioner in another 30 state that uses a one-line prescription form or variation 31 thereof, the pharmacist may substitute a generically 2 11:33 AM 04/30/01 h0069c-06r7v
SENATE AMENDMENT Bill No. HB 69, 1st Eng. Amendment No. ___ Barcode 032204 1 equivalent drug unless otherwise instructed by the 2 practitioner through the use of the words "dispense as 3 written," words of similar meaning, or some other indication. 4 (2) If an oral prescription is involved, the 5 practitioner or the practitioner's agent shall instruct the 6 pharmacist as to whether or not a generically equivalent drug 7 may be substituted in its place. The pharmacist shall note the 8 instructions on the file copy of the prescription. 9 (3) The pharmacist shall note the manufacturer of the 10 drug dispensed on the file copy of a written or oral 11 prescription. 12 Section 4. This act shall take effect February 1, 13 2002. 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 1, lines 5-10, delete those lines 19 20 and insert: 21 established in s. 465.025(6), F.S.; amending s. 22 465.025, F.S.; revising provisions relating to 23 substitution of drugs; creating s. 465.0251; 24 providing criteria for written and oral drug 25 prescriptions; providing an effective date. 26 27 28 29 30 31 3 11:33 AM 04/30/01 h0069c-06r7v