Florida 2025 2025 Regular Session

Florida House Bill H1297 Introduced / Bill

Filed 02/27/2025

                       
 
HB 1297   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to electronic prescribing; amending s. 2 
456.42, F.S.; revising health care practitioners who 3 
may only electronically transmit prescriptions for 4 
certain drugs; revising exceptions; amending ss. 5 
458.347 and 459.022, F.S.; conforming cross -6 
references; providing an effective date. 7 
 8 
Be It Enacted by the Legislature of the State of Florida: 9 
 10 
 Section 1.  Subsections (1) and (2) of section 456.42, 11 
Florida Statutes, are renumbered as subsections (2) and (3), 12 
respectively, and present subsection (3) of that section is 13 
renumbered as subsection (1) and amended, to read: 14 
 456.42  Written Prescriptions for medicinal drugs. — 15 
 (1)(3) A health care practiti oner licensed by law to 16 
prescribe a medicinal drug who maintains a system of electronic 17 
health records as defined in s. 408.051(2)(c), or who prescribes 18 
medicinal drugs as an owner, an employee, or a contractor of a 19 
licensed health care facility or practic e that maintains such a 20 
system of electronic health records as defined in s. 21 
408.051(2)(c) and who is prescribing in his or her capacity as 22 
such an owner, an employee, or a contractor , may only 23 
electronically transmit prescriptions for such drugs. This 24 
requirement applies to such a health care practitioner upon 25     
 
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renewal of the health care practitioner's license or by July 1, 26 
2026 2021, whichever is earlier, but does not apply if: 27 
 (a)  The practitioner prescribes fewer than 100 such 28 
prescriptions annually; 29 
 (b)  The practitioner is located in an area for which a 30 
state of emergency is declared pursuant to s. 252.36; or 31 
 (a)  The practitioner and the dispenser are the same 32 
entity; 33 
 (b)  The prescription cannot be transmitted electronically 34 
under the most recent ly implemented version of the National 35 
Council for Prescription Drug Programs SCRIPT Standard; 36 
 (c)  The practitioner has been issued a waiver by the 37 
department, not to exceed 1 year in duration, from the 38 
requirement to use electronic prescribing due to de monstrated 39 
economic hardship, technological limitations that are not 40 
reasonably within the control of the practitioner, or another 41 
exceptional circumstance demonstrated by the practitioner ; 42 
 (d)  The practitioner reasonably determines that it would 43 
be impractical for the patient in question to obtain a medicinal 44 
drug prescribed by electronic prescription in a timely manner 45 
and such delay would adversely impact the patient's medical 46 
condition; 47 
 (e)  The practitioner is prescribing a drug under a 48 
research protocol; 49 
 (f)  The prescription is for a drug for which the federal 50     
 
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Food and Drug Administration requires the prescription to 51 
contain elements that may not be included in electronic 52 
prescribing; 53 
 (g)  The prescription is issued to an individual receiving 54 
hospice care or who is a resident of a nursing home facility; or 55 
 (h)  The practitioner determines that it is in the best 56 
interest of the patient, or the patient determines that it is in 57 
his or her own best interest, to compare prescription drug 58 
prices among area pharmacies. The practitioner must document 59 
such determination in the patient's medical record . 60 
 61 
The department, in consultation with the Board of Medicine, the 62 
Board of Osteopathic Medicine, the Board of Podiatric Medicine, 63 
the Board of Dentistry, the Board of Nursing, and the Board of 64 
Optometry, may adopt rules to implement this subsection. 65 
 Section 2.  Paragraph (e) of subsection (4) of section 66 
458.347, Florida Statutes, is amended to read: 67 
 458.347  Physician assistants. — 68 
 (4)  PERFORMANCE OF PHYS ICIAN ASSISTANTS.— 69 
 (e)  A supervising physician may delegate to a fully 70 
licensed physician assistant the authority to prescribe or 71 
dispense any medication used in the supervising physician's 72 
practice unless such medication is listed on the formulary 73 
created pursuant to paragraph (f). A fully licensed physician 74 
assistant may only prescribe or dispense such medication under 75     
 
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the following circumstances: 76 
 1.  A physician assistant must clearly identify to the 77 
patient that he or she is a physician assistant. 78 
 2.  The supervising physician must notify the department of 79 
his or her intent to delegate, on a department -approved form, 80 
before delegating such authority and of any change in 81 
prescriptive privileges of the physician assistant. Authority to 82 
dispense may be delegated only by a supervising physician who is 83 
registered as a dispensing practitioner in compliance with s. 84 
465.0276. 85 
 3.  A fully licensed physician assistant may procure 86 
medical devices and drugs unless the medication is listed on the 87 
formulary created pursuant to paragraph (f). 88 
 4.  The physician assistant must complete a minimum of 10 89 
continuing medical education hours in the specialty practice in 90 
which the physician assistant has prescriptive privileges with 91 
each licensure renewal. Three of the 10 h ours must consist of a 92 
continuing education course on the safe and effective 93 
prescribing of controlled substance medications which is offered 94 
by a statewide professional association of physicians in this 95 
state accredited to provide educational activities d esignated 96 
for the American Medical Association Physician's Recognition 97 
Award Category 1 credit, designated by the American Academy of 98 
Physician Assistants as a Category 1 credit, or designated by 99 
the American Osteopathic Association as a Category 1 -A credit. 100     
 
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 5.  The prescription may be in paper or electronic form but 101 
must comply with ss. 456.0392(1) and 456.42(2) 456.42(1) and 102 
chapter 499 and must contain the physician assistant's name, 103 
address, and telephone number and the name of each of his or her 104 
supervising physicians. Unless it is a drug or drug sample 105 
dispensed by the physician assistant, the prescription must be 106 
filled in a pharmacy permitted under chapter 465 and must be 107 
dispensed in that pharmacy by a pharmacist licensed under 108 
chapter 465. 109 
 6.  The physician assistant must note the prescription or 110 
dispensing of medication in the appropriate medical record. 111 
 Section 3.  Paragraph (e) of subsection (4) of section 112 
459.022, Florida Statutes, is amended to read: 113 
 459.022  Physician assistants. — 114 
 (4)  PERFORMANCE OF PHYSICIAN ASSISTANTS. — 115 
 (e)  A supervising physician may delegate to a fully 116 
licensed physician assistant the authority to prescribe or 117 
dispense any medication used in the supervising physician's 118 
practice unless such medication is listed on the formulary 119 
created pursuant to s. 458.347. A fully licensed physician 120 
assistant may only prescribe or dispense such medication under 121 
the following circumstances: 122 
 1.  A physician assistant must clearly identify to the 123 
patient that she or he is a physici an assistant. 124 
 2.  The supervising physician must notify the department of 125     
 
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her or his intent to delegate, on a department -approved form, 126 
before delegating such authority and of any change in 127 
prescriptive privileges of the physician assistant. Authority to 128 
dispense may be delegated only by a supervising physician who is 129 
registered as a dispensing practitioner in compliance with s. 130 
465.0276. 131 
 3.  A fully licensed physician assistant may procure 132 
medical devices and drugs unless the medication is listed on the 133 
formulary created pursuant to s. 458.347(4)(f). 134 
 4.  The physician assistant must complete a minimum of 10 135 
continuing medical education hours in the specialty practice in 136 
which the physician assistant has prescriptive privileges with 137 
each licensure renewal . Three of the 10 hours must consist of a 138 
continuing education course on the safe and effective 139 
prescribing of controlled substance medications which is offered 140 
by a provider that has been approved by the American Academy of 141 
Physician Assistants and which is designated for the American 142 
Medical Association Physician's Recognition Award Category 1 143 
credit, designated by the American Academy of Physician 144 
Assistants as a Category 1 credit, or designated by the American 145 
Osteopathic Association as a Category 1 -A credit. 146 
 5.  The prescription may be in paper or electronic form but 147 
must comply with ss. 456.0392(1) and 456.42(2) 456.42(1) and 148 
chapter 499 and must contain the physician assistant's name, 149 
address, and telephone number and the name of each of his or her 150     
 
HB 1297   	2025 
 
 
 
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supervising physicians. Unless it is a drug or drug sample 151 
dispensed by the physician assistant, the prescription must be 152 
filled in a pharmacy permitted under chapter 465, and must be 153 
dispensed in that pharmacy by a pharmacist licensed under 154 
chapter 465. 155 
 6.  The physician assistant must note the prescription or 156 
dispensing of medication in the appropriate medical record. 157 
 Section 4. This act shall take effect July 1, 2025. 158