FL
Florida House Bill H1297

Florida 2025 Regular Session

Florida House Bill H1297 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to electronic prescribing; amending s. 2
1616 456.42, F.S.; revising health care practitioners who 3
1717 may only electronically transmit prescriptions for 4
18-certain drugs; revising exceptions; providing 5
19-construction; amending ss. 458.347 and 459.022, F.S.; 6
20-conforming cross-references; providing an effective 7
21-date. 8
22- 9
23-Be It Enacted by the Legislature of the State of Florida: 10
24- 11
25- Section 1. Subsections (1) and (2) of section 456.42, 12
26-Florida Statutes, are renumbered as subsections (2) and (3), 13
27-respectively, and present subsection (3) of that section is 14
28-renumbered as subsection (1) and amended, to read: 15
29- 456.42 Written Prescriptions for medicinal drugs. — 16
30- (1)(3) A health care practitioner licensed by law to 17
31-prescribe a medicinal drug who maintains a system of electronic 18
32-health records as defined in s. 408.051(2)(c), or who prescribes 19
33-medicinal drugs as an owner, an employee, or a contractor of a 20
34-licensed health care facility or practice that maintains such a 21
35-system of electronic health records as defined in s. 22
36-408.051(2)(c) and who is prescribing in his or her capacity as 23
37-such an owner, an employee, or a contractor , may only 24
38-electronically transmit prescriptions for such drugs. This 25
18+certain drugs; revising exceptions; amending ss. 5
19+458.347 and 459.022, F.S.; conforming cross -6
20+references; providing an effective date. 7
21+ 8
22+Be It Enacted by the Legislature of the State of Florida: 9
23+ 10
24+ Section 1. Subsections (1) and (2) of section 456.42, 11
25+Florida Statutes, are renumbered as subsections (2) and (3), 12
26+respectively, and present subsection (3) of that section is 13
27+renumbered as subsection (1) and amended, to read: 14
28+ 456.42 Written Prescriptions for medicinal drugs. — 15
29+ (1)(3) A health care practiti oner licensed by law to 16
30+prescribe a medicinal drug who maintains a system of electronic 17
31+health records as defined in s. 408.051(2)(c), or who prescribes 18
32+medicinal drugs as an owner, an employee, or a contractor of a 19
33+licensed health care facility or practic e that maintains such a 20
34+system of electronic health records as defined in s. 21
35+408.051(2)(c) and who is prescribing in his or her capacity as 22
36+such an owner, an employee, or a contractor , may only 23
37+electronically transmit prescriptions for such drugs. This 24
38+requirement applies to such a health care practitioner upon 25
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4747 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
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51-requirement applies to such a health care practitioner upon 26
52-renewal of the health care practitioner's license or by July 1, 27
53-2026 2021, whichever is earlier, but does not apply if: 28
54- (a) The practitioner prescribes fewer than 100 such 29
55-prescriptions annually; 30
56- (b) The practitioner is located in an area for which a 31
57-state of emergency is declared pursuant to s. 252.36; 32
58- (a) The practitioner and the dispenser are the same 33
59-entity; 34
60- (b) The prescription cannot be transmitted electronically 35
61-under the most recently implemented version of the National 36
62-Council for Prescription Drug Programs SCRIPT Standard; 37
63- (c) The practitioner has been issued a waiver by the 38
64-department, not to exceed 1 year in duration, from the 39
65-requirement to use electronic prescribing due to demonstrated 40
66-economic hardship, technological limitations that are not 41
67-reasonably within the control of the practitioner, or another 42
68-exceptional circumstance demonstrated by the practitioner; or 43
69- (d) Electronic prescribing is not availa ble due to a 44
70-temporary technological or electrical failure that is not in the 45
71-control of the prescribing practitioner, and such failure is 46
72-documented in the patient record 47
73- (d) The practitioner reasonably determines that it would 48
74-be impractical for the pa tient in question to obtain a medicinal 49
75-drug prescribed by electronic prescription in a timely manner 50
51+renewal of the health care practitioner's license or by July 1, 26
52+2026 2021, whichever is earlier, but does not apply if: 27
53+ (a) The practitioner prescribes fewer than 100 such 28
54+prescriptions annually; 29
55+ (b) The practitioner is located in an area for which a 30
56+state of emergency is declared pursuant to s. 252.36; or 31
57+ (a) The practitioner and the dispenser are the same 32
58+entity; 33
59+ (b) The prescription cannot be transmitted electronically 34
60+under the most recent ly implemented version of the National 35
61+Council for Prescription Drug Programs SCRIPT Standard; 36
62+ (c) The practitioner has been issued a waiver by the 37
63+department, not to exceed 1 year in duration, from the 38
64+requirement to use electronic prescribing due to de monstrated 39
65+economic hardship, technological limitations that are not 40
66+reasonably within the control of the practitioner, or another 41
67+exceptional circumstance demonstrated by the practitioner ; 42
68+ (d) The practitioner reasonably determines that it would 43
69+be impractical for the patient in question to obtain a medicinal 44
70+drug prescribed by electronic prescription in a timely manner 45
71+and such delay would adversely impact the patient's medical 46
72+condition; 47
73+ (e) The practitioner is prescribing a drug under a 48
74+research protocol; 49
75+ (f) The prescription is for a drug for which the federal 50
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8484 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
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88-and such delay would adversely impact the patient's medical 51
89-condition; 52
90- (e) The practitioner is prescribing a drug under a 53
91-research protocol; 54
92- (f) The prescription is for a drug for which the federal 55
93-Food and Drug Administration requires the prescription to 56
94-contain elements that may not be included in electronic 57
95-prescribing; 58
96- (g) The prescription is issued to an individual receiving 59
97-hospice care or who is a resident of a nursing home facility; or 60
98- (h) The practitioner determines that it is in the best 61
99-interest of the patient, or the patient determines that it is in 62
100-his or her own best interest, to compare prescription drug 63
101-prices among area pharmacies. The practitioner must document 64
102-such determination in the patient's medical record . 65
103- 66
104-The department, in consultation with the Board of Medicine, the 67
105-Board of Osteopathic Medicine, the Board of Podiatric Medicine, 68
106-the Board of Dentistry, the Board of Nursing , and the Board of 69
107-Optometry, may adopt rules to implement this subsection. This 70
108-subsection does not prohibit a pharmacist licensed in this state 71
109-from filling or refilling a valid prescription submitted 72
110-electronically or in writing, or require or authorize a change 73
111-in prescription drug claims adjudication and review procedures 74
112-by payors related to filling or refilling a valid prescription 75
88+Food and Drug Administration requires the prescription to 51
89+contain elements that may not be included in electronic 52
90+prescribing; 53
91+ (g) The prescription is issued to an individual receiving 54
92+hospice care or who is a resident of a nursing home facility; or 55
93+ (h) The practitioner determines that it is in the best 56
94+interest of the patient, or the patient determines that it is in 57
95+his or her own best interest, to compare prescription drug 58
96+prices among area pharmacies. The practitioner must document 59
97+such determination in the patient's medical record . 60
98+ 61
99+The department, in consultation with the Board of Medicine, the 62
100+Board of Osteopathic Medicine, the Board of Podiatric Medicine, 63
101+the Board of Dentistry, the Board of Nursing, and the Board of 64
102+Optometry, may adopt rules to implement this subsection. 65
103+ Section 2. Paragraph (e) of subsection (4) of section 66
104+458.347, Florida Statutes, is amended to read: 67
105+ 458.347 Physician assistants. — 68
106+ (4) PERFORMANCE OF PHYS ICIAN ASSISTANTS.— 69
107+ (e) A supervising physician may delegate to a fully 70
108+licensed physician assistant the authority to prescribe or 71
109+dispense any medication used in the supervising physician's 72
110+practice unless such medication is listed on the formulary 73
111+created pursuant to paragraph (f). A fully licensed physician 74
112+assistant may only prescribe or dispense such medication under 75
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121121 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
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125-submitted electronically or in writing. This subsection does not 76
126-prohibit a pharmacist licensed in this state from filli ng or 77
127-refilling a valid prescription issued in writing by a prescriber 78
128-located in another state. 79
129- 80
130- Section 2. Paragraph (e) of subsection (4) of section 81
131-458.347, Florida Statutes, is amended to read: 82
132- 458.347 Physician assistants. — 83
133- (4) PERFORMANCE OF PHYSICIAN ASSISTANTS. — 84
134- (e) A supervising physician may delegate to a fully 85
135-licensed physician assistant the authority to prescribe or 86
136-dispense any medication used in the supervising physician's 87
137-practice unless such medication is listed on the formulary 88
138-created pursuant to paragraph (f). A fully licensed physician 89
139-assistant may only prescribe or dispense such medication under 90
140-the following circumstances: 91
141- 1. A physician assistant must clearly identify to the 92
142-patient that he or she is a physician assistan t. 93
143- 2. The supervising physician must notify the department of 94
144-his or her intent to delegate, on a department -approved form, 95
145-before delegating such authority and of any change in 96
146-prescriptive privileges of the physician assistant. Authority to 97
147-dispense may be delegated only by a supervising physician who is 98
148-registered as a dispensing practitioner in compliance with s. 99
149-465.0276. 100
125+the following circumstances: 76
126+ 1. A physician assistant must clearly identify to the 77
127+patient that he or she is a physician assistant. 78
128+ 2. The supervising physician must notify the department of 79
129+his or her intent to delegate, on a department -approved form, 80
130+before delegating such authority and of any change in 81
131+prescriptive privileges of the physician assistant. Authority to 82
132+dispense may be delegated only by a supervising physician who is 83
133+registered as a dispensing practitioner in compliance with s. 84
134+465.0276. 85
135+ 3. A fully licensed physician assistant may procure 86
136+medical devices and drugs unless the medication is listed on the 87
137+formulary created pursuant to paragraph (f). 88
138+ 4. The physician assistant must complete a minimum of 10 89
139+continuing medical education hours in the specialty practice in 90
140+which the physician assistant has prescriptive privileges with 91
141+each licensure renewal. Three of the 10 h ours must consist of a 92
142+continuing education course on the safe and effective 93
143+prescribing of controlled substance medications which is offered 94
144+by a statewide professional association of physicians in this 95
145+state accredited to provide educational activities d esignated 96
146+for the American Medical Association Physician's Recognition 97
147+Award Category 1 credit, designated by the American Academy of 98
148+Physician Assistants as a Category 1 credit, or designated by 99
149+the American Osteopathic Association as a Category 1 -A credit. 100
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158158 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
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162- 3. A fully licensed physician assistant may procure 101
163-medical devices and drugs unless the medication is listed on the 102
164-formulary created pursuant to paragraph (f). 103
165- 4. The physician assistant must complete a minimum of 10 104
166-continuing medical education hours in the specialty practice in 105
167-which the physician assistant has prescriptive privileges with 106
168-each licensure renewal. Three of the 10 hours must consist of a 107
169-continuing education course on the safe and effective 108
170-prescribing of controlled substance medications which is offered 109
171-by a statewide professional association of physicians in this 110
172-state accredited to provide educational activit ies designated 111
173-for the American Medical Association Physician's Recognition 112
174-Award Category 1 credit, designated by the American Academy of 113
175-Physician Assistants as a Category 1 credit, or designated by 114
176-the American Osteopathic Association as a Category 1 -A credit. 115
177- 5. The prescription may be in paper or electronic form but 116
178-must comply with ss. 456.0392(1) and 456.42(2) 456.42(1) and 117
179-chapter 499 and must contain the physician assistant's name, 118
180-address, and telephone number and the name of each of his or her 119
181-supervising physicians. Unless it is a drug or drug sample 120
182-dispensed by the physician assistant, the prescription must be 121
183-filled in a pharmacy permitted under chapter 465 and must be 122
184-dispensed in that pharmacy by a pharmacist licensed under 123
185-chapter 465. 124
186- 6. The physician assistant must note the prescription or 125
162+ 5. The prescription may be in paper or electronic form but 101
163+must comply with ss. 456.0392(1) and 456.42(2) 456.42(1) and 102
164+chapter 499 and must contain the physician assistant's name, 103
165+address, and telephone number and the name of each of his or her 104
166+supervising physicians. Unless it is a drug or drug sample 105
167+dispensed by the physician assistant, the prescription must be 106
168+filled in a pharmacy permitted under chapter 465 and must be 107
169+dispensed in that pharmacy by a pharmacist licensed under 108
170+chapter 465. 109
171+ 6. The physician assistant must note the prescription or 110
172+dispensing of medication in the appropriate medical record. 111
173+ Section 3. Paragraph (e) of subsection (4) of section 112
174+459.022, Florida Statutes, is amended to read: 113
175+ 459.022 Physician assistants. — 114
176+ (4) PERFORMANCE OF PHYSICIAN ASSISTANTS. — 115
177+ (e) A supervising physician may delegate to a fully 116
178+licensed physician assistant the authority to prescribe or 117
179+dispense any medication used in the supervising physician's 118
180+practice unless such medication is listed on the formulary 119
181+created pursuant to s. 458.347. A fully licensed physician 120
182+assistant may only prescribe or dispense such medication under 121
183+the following circumstances: 122
184+ 1. A physician assistant must clearly identify to the 123
185+patient that she or he is a physici an assistant. 124
186+ 2. The supervising physician must notify the department of 125
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195195 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
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199-dispensing of medication in the appropriate medical record. 126
200- Section 3. Paragraph (e) of subsection (4) of section 127
201-459.022, Florida Statutes, is amended to read: 128
202- 459.022 Physician assistants. — 129
203- (4) PERFORMANCE OF PHYSICIAN ASSISTANTS. — 130
204- (e) A supervising physician may delegate to a fully 131
205-licensed physician assistant the authority to prescribe or 132
206-dispense any medication used in the supervising physician's 133
207-practice unless such medication is liste d on the formulary 134
208-created pursuant to s. 458.347. A fully licensed physician 135
209-assistant may only prescribe or dispense such medication under 136
210-the following circumstances: 137
211- 1. A physician assistant must clearly identify to the 138
212-patient that she or he is a ph ysician assistant. 139
213- 2. The supervising physician must notify the department of 140
214-her or his intent to delegate, on a department -approved form, 141
215-before delegating such authority and of any change in 142
216-prescriptive privileges of the physician assistant. Authorit y to 143
217-dispense may be delegated only by a supervising physician who is 144
218-registered as a dispensing practitioner in compliance with s. 145
219-465.0276. 146
220- 3. A fully licensed physician assistant may procure 147
221-medical devices and drugs unless the medication is listed on the 148
222-formulary created pursuant to s. 458.347(4)(f). 149
223- 4. The physician assistant must complete a minimum of 10 150
199+her or his intent to delegate, on a department -approved form, 126
200+before delegating such authority and of any change in 127
201+prescriptive privileges of the physician assistant. Authority to 128
202+dispense may be delegated only by a supervising physician who is 129
203+registered as a dispensing practitioner in compliance with s. 130
204+465.0276. 131
205+ 3. A fully licensed physician assistant may procure 132
206+medical devices and drugs unless the medication is listed on the 133
207+formulary created pursuant to s. 458.347(4)(f). 134
208+ 4. The physician assistant must complete a minimum of 10 135
209+continuing medical education hours in the specialty practice in 136
210+which the physician assistant has prescriptive privileges with 137
211+each licensure renewal . Three of the 10 hours must consist of a 138
212+continuing education course on the safe and effective 139
213+prescribing of controlled substance medications which is offered 140
214+by a provider that has been approved by the American Academy of 141
215+Physician Assistants and which is designated for the American 142
216+Medical Association Physician's Recognition Award Category 1 143
217+credit, designated by the American Academy of Physician 144
218+Assistants as a Category 1 credit, or designated by the American 145
219+Osteopathic Association as a Category 1 -A credit. 146
220+ 5. The prescription may be in paper or electronic form but 147
221+must comply with ss. 456.0392(1) and 456.42(2) 456.42(1) and 148
222+chapter 499 and must contain the physician assistant's name, 149
223+address, and telephone number and the name of each of his or her 150
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232232 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
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236-continuing medical education hours in the specialty practice in 151
237-which the physician assistant has prescriptive privileges with 152
238-each licensure renewal. Three of the 10 hours must consist of a 153
239-continuing education course on the safe and effective 154
240-prescribing of controlled substance medications which is offered 155
241-by a provider that has been approved by the American Academy of 156
242-Physician Assistants and w hich is designated for the American 157
243-Medical Association Physician's Recognition Award Category 1 158
244-credit, designated by the American Academy of Physician 159
245-Assistants as a Category 1 credit, or designated by the American 160
246-Osteopathic Association as a Category 1-A credit. 161
247- 5. The prescription may be in paper or electronic form but 162
248-must comply with ss. 456.0392(1) and 456.42(2) 456.42(1) and 163
249-chapter 499 and must contain the physician assistant's name, 164
250-address, and telephone number and the name of each of his or her 165
251-supervising physicians. Unless it is a drug or drug sample 166
252-dispensed by the physician assistant, the prescription must be 167
253-filled in a pharmacy permitted under chapter 465, and must be 168
254-dispensed in that pharmacy by a pharmacist licensed under 169
255-chapter 465. 170
256- 6. The physician assistant must note the prescription or 171
257-dispensing of medication in the appropriate medical record. 172
258- Section 4. This act shall take effect July 1, 2025. 173
236+supervising physicians. Unless it is a drug or drug sample 151
237+dispensed by the physician assistant, the prescription must be 152
238+filled in a pharmacy permitted under chapter 465, and must be 153
239+dispensed in that pharmacy by a pharmacist licensed under 154
240+chapter 465. 155
241+ 6. The physician assistant must note the prescription or 156
242+dispensing of medication in the appropriate medical record. 157
243+ Section 4. This act shall take effect July 1, 2025. 158