Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. SB 1408
                        Barcode 210964
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1/RS/2R          .                    
       03/23/2006 10:43 AM         .                    
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11  Senator Peaden moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, between lines 24 and 25,
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16  insert:  
17         Section 3.  Section 456.43, Florida Statutes, is
18  created to read:
19         456.43  Electronic prescribing for medicinal drugs.--
20         (1)  Electronic prescribing shall not interfere with a
21  patient's freedom to choose a pharmacy.
22         (2)  Electronic prescribing software shall not use any
23  means or permit any other person to use any means, including,
24  but not limited to, advertising, instant messaging, and pop-up
25  ads, to influence or attempt to influence, through economic
26  incentives or otherwise, the prescribing decision of a
27  physician at the point of care. Such means shall not be
28  triggered or in specific response to the input, selection, or
29  act of a physician or his or her agent in prescribing a
30  certain pharmaceutical or directing a patient to a certain
31  pharmacy.
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    10:51 AM   03/22/06                              s1408c-02-t02

Florida Senate - 2006 SENATOR AMENDMENT Bill No. SB 1408 Barcode 210964 1 (a) The term "prescribing decision" means a 2 physician's decision to prescribe a certain pharmaceutical or 3 direct a patient to a certain pharmacy. 4 (b) The term "point of care" means the time that a 5 physician or his or her agent is in the act of prescribing a 6 certain pharmaceutical or directing a patient to a certain 7 pharmacy. 8 (3) Electronic prescribing software may show 9 information regarding a payor's formulary as long as nothing 10 is designed to preclude or make more difficult the act of a 11 physician or patient selecting any particular pharmacy or 12 pharmaceutical. 13 14 (Redesignate subsequent sections.) 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 On page 1, line 11, after the first semicolon, 20 21 insert: 22 creating s. 456.43, F.S.; regulating electronic 23 prescribing for medicinal drugs; providing 24 restrictions for electronic prescribing 25 software; providing definitions; authorizing 26 electronic prescribing software to show 27 information regarding a payor's formulary under 28 certain circumstances; 29 30 31 2 10:51 AM 03/22/06 s1408c-02-t02