456.43 Electronic prescribing for medicinal drugs. - Florida Statutes

456.43 Electronic prescribing for medicinal drugs.

   (1) Electronic prescribing shall not interfere with a patient’s freedom to choose a pharmacy.

   (2) Electronic prescribing software shall not use any means or permit any other person to use any means, including, but not limited to, advertising, instant messaging, and pop-up ads, to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a prescribing practitioner at the point of care. Such means shall not be triggered or in specific response to the input, selection, or act of a prescribing practitioner or his or her agent in prescribing a certain pharmaceutical or directing a patient to a certain pharmacy.

   (a) The term “prescribing decision” means a prescribing practitioner’s decision to prescribe a certain pharmaceutical.

   (b) The term “point of care” means the time that a prescribing practitioner or his or her agent is in the act of prescribing a certain pharmaceutical.

   (3) Electronic prescribing software may show information regarding a payor’s formulary as long as nothing is designed to preclude or make more difficult the act of a prescribing practitioner or patient selecting any particular pharmacy or pharmaceutical.

History. s. 3, ch. 2006-271.