Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1568
       
       
       
       
       
       
                                Ì909488aÎ909488                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2025           .                                
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       The Appropriations Committee on Health and Human Services
       (Brodeur) recommended the following:
       
    1         Senate Substitute for Amendment (584482) (with title
    2  amendment)
    3  
    4         Delete lines 31 - 64
    5  and insert:
    6  state of emergency is declared pursuant to s. 252.36;
    7         (a) The practitioner and the dispenser are the same entity;
    8         (b) The prescription cannot be transmitted electronically
    9  under the most recently implemented version of the National
   10  Council for Prescription Drug Programs SCRIPT Standard;
   11         (c) The practitioner has been issued a waiver by the
   12  department, not to exceed 1 year in duration, from the
   13  requirement to use electronic prescribing due to demonstrated
   14  economic hardship, technological limitations that are not
   15  reasonably within the control of the practitioner, or another
   16  exceptional circumstance demonstrated by the practitioner;
   17         (d) The practitioner reasonably determines that it would be
   18  impractical for the patient in question to obtain a medicinal
   19  drug prescribed by electronic prescription in a timely manner
   20  and such delay would adversely impact the patient’s medical
   21  condition;
   22         (e) The prescription cannot be electronically prescribed
   23  due to a temporary technological or electrical failure that is
   24  not in the control of the prescribing practitioner, and such
   25  failure is documented in the patient record The practitioner is
   26  prescribing a drug under a research protocol;
   27         (f) The prescription is for a drug for which the federal
   28  Food and Drug Administration requires the prescription to
   29  contain elements that may not be included in electronic
   30  prescribing;
   31         (g) The prescription is issued to an individual receiving
   32  hospice care or who is a resident of a nursing home facility; or
   33         (g)(h) The practitioner determines that it is in the best
   34  interest of the patient, or the patient determines that it is in
   35  his or her own best interest, to compare prescription drug
   36  prices among area pharmacies. The practitioner must document
   37  such determination in the patient’s medical record.
   38  
   39  The department, in consultation with the Board of Medicine, the
   40  Board of Osteopathic Medicine, the Board of Podiatric Medicine,
   41  the Board of Dentistry, the Board of Nursing, and the Board of
   42  Optometry, may adopt rules to implement this subsection. This
   43  subsection does not prohibit a pharmacist licensed in this state
   44  from filling or refilling a valid prescription submitted
   45  electronically or in writing, or require or authorize a change
   46  in prescription drug claims adjudication and review procedures
   47  by payors related to filling or refilling a valid prescription
   48  submitted electronically or in writing. This subsection does not
   49  prohibit a pharmacist licensed in this state from filling or
   50  refilling a valid prescription that is issued in writing by a
   51  prescriber located in another state or that is transcribed by
   52  the pharmacy when a prescription is called in by telephone.
   53         Section 2. Subsection (1) of section 456.43, Florida
   54  Statutes, is republished to read:
   55         456.43 Electronic prescribing for medicinal drugs.—
   56         (1) Electronic prescribing may not interfere with a
   57  patient’s freedom to choose a pharmacy.
   58  
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete line 5
   62  and insert:
   63         certain drugs; revising exceptions; providing
   64         construction; republishing s. 456.43(1), F.S.,
   65         relating to electronic prescribing for medicinal
   66         drugs; amending ss.