Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. SB 1408
                        Barcode 921838
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 2/AD/2R          .                    
       03/23/2006 10:43 AM         .                    
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11  Senator Peaden moved the following substitute for amendment
12  (210964):
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14         Senate Amendment (with title amendment) 
15         On page 2, between lines 24 and 25, through
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17  insert:  
18         Section 3.  Section 456.43, Florida Statutes, is
19  created to read:
20         456.43  Electronic prescribing for medicinal drugs.--
21         (1)  Electronic prescribing shall not interfere with a
22  patient's freedom to choose a pharmacy.
23         (2)  Electronic prescribing software shall not use any
24  means or permit any other person to use any means, including,
25  but not limited to, advertising, instant messaging, and pop-up
26  ads, to influence or attempt to influence, through economic
27  incentives or otherwise, the prescribing decision of a
28  prescribing practitioner at the point of care. Such means
29  shall not be triggered or in specific response to the input,
30  selection, or act of a prescribing practitioner or his or her
31  agent in prescribing a certain pharmaceutical or directing a
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    7:02 PM   03/22/06                               s1408c-02-j02

Florida Senate - 2006 SENATOR AMENDMENT Bill No. SB 1408 Barcode 921838 1 patient to a certain pharmacy. 2 (a) The term "prescribing decision" means a 3 prescribing practitioner's decision to prescribe a certain 4 pharmaceutical or direct a patient to a certain pharmacy. 5 (b) The term "point of care" means the time that a 6 prescribing practitioner or his or her agent is in the act of 7 prescribing a certain pharmaceutical or directing a patient to 8 a certain pharmacy. 9 (3) Electronic prescribing software may show 10 information regarding a payor's formulary as long as nothing 11 is designed to preclude or make more difficult the act of a 12 prescribing practitioner or patient selecting any particular 13 pharmacy or pharmaceutical. 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, line 11, after the first semicolon, 19 20 insert: 21 creating s. 456.43, F.S.; regulating electronic 22 prescribing for medicinal drugs; providing 23 restrictions for electronic prescribing 24 software; providing definitions; authorizing 25 electronic prescribing software to show 26 information regarding a payor's formulary under 27 certain circumstances; 28 29 30 31 2 7:02 PM 03/22/06 s1408c-02-j02