SENATE AMENDMENT
    Bill No. HB 69, 1st Eng.
    Amendment No. ___   Barcode 273094
                            CHAMBER ACTION
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11  Senator Horne moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 1, lines 23-27, delete those lines
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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 signs the "Medically Necessary" line on
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    1:37 PM   05/01/01                                h0069c-06101

SENATE AMENDMENT Bill No. HB 69, 1st Eng. Amendment No. ___ Barcode 273094 1 the prescription form as provided in s. 465.0251, writes the 2 words "MEDICALLY NECESSARY," in her or his own handwriting, on 3 the face of a written prescription or unless, in the case of 4 an oral prescription, the prescriber expressly indicates to 5 the pharmacist whether or not a generically equivalent drug 6 may be substituted in its place. The pharmacist shall note the 7 instructions on the file copy of the prescription. The 8 pharmacist shall note the manufacturer of the drug dispensed 9 on the file copy of a written or oral prescription that the 10 brand name drug prescribed is medically necessary. 11 Section 3. Section 465.0251, Florida Statutes, is 12 created to read: 13 465.0251 Prescription instructions for generically 14 equivalent drugs.--Every drug prescription shall contain an 15 instruction on whether or not a generically equivalent drug 16 may be substituted in its place, unless substitution is 17 permitted under a prior-consent authorization. 18 (1) If a written prescription is involved, the form 19 must have two signature lines at opposite ends on the bottom 20 of the form. Under the line at the right side must be clearly 21 printed the words "MEDICALLY NECESSARY." Under the line at the 22 left side must be clearly printed the words "SUBSTITUTION 23 PERMITTED." The practitioner shall communicate the 24 instructions to the pharmacist by signing the appropriate 25 line. A prescription is not valid without the signature of the 26 practitioner on one of these lines. In the case of a 27 prescription issued by a practitioner in another state that 28 uses a one-line prescription form or variation thereof, the 29 pharmacist may substitute a generically equivalent drug unless 30 otherwise instructed by the practitioner through the use of 31 the words "dispense as written," words of similar meaning, or 2 1:37 PM 05/01/01 h0069c-06101
SENATE AMENDMENT Bill No. HB 69, 1st Eng. Amendment No. ___ Barcode 273094 1 some other indication. 2 (2) If an oral prescription is involved, the 3 practitioner or the practitioner's agent shall instruct the 4 pharmacist as to whether or not a generically equivalent drug 5 may be substituted in its place. The pharmacist shall note the 6 instructions on the file copy of the prescription. 7 (3) The pharmacist shall note the manufacturer of the 8 drug dispensed on the file copy of a written or oral 9 prescription. 10 Section 4. This act shall take effect February 1, 11 2002. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, lines 5-10, delete those lines 17 18 and insert: 19 established in s. 465.025(6), F.S.; amending s. 20 465.025, F.S.; revising provisions relating to 21 substitution of drugs; creating s. 465.0251; 22 providing criteria for written and oral drug 23 prescriptions; providing an effective date. 24 25 26 27 28 29 30 31 3 1:37 PM 05/01/01 h0069c-06101