HB 1297 2025 CODING: Words stricken are deletions; words underlined are additions. hb1297-00 Page 1 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 1297 2025 CODING: Words stricken are deletions; words underlined are additions. hb1297-00 Page 2 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 1297 2025 CODING: Words stricken are deletions; words underlined are additions. hb1297-00 Page 3 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 1297 2025 CODING: Words stricken are deletions; words underlined are additions. hb1297-00 Page 4 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 1297 2025 CODING: Words stricken are deletions; words underlined are additions. hb1297-00 Page 5 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 1297 2025 CODING: Words stricken are deletions; words underlined are additions. hb1297-00 Page 6 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 CODING: Words stricken are deletions; words underlined are additions. hb1297-00 Page 7 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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