(1) Electronic prescribing may not interfere with a patient’s freedom to choose a pharmacy.
(2) Electronic prescribing software may not use any means or permit any other person to use any means to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a prescribing practitioner or his or her agent at the point of care, including, but not limited to, means such as advertising, instant messaging, pop-up ads, and similar means triggered by or in specific response to the input, selection, or act of a prescribing practitioner or his or her agent in prescribing a certain medicinal drug or directing a patient to a certain pharmacy. For purposes of this subsection, the term:
(a) “Prescribing decision” means a prescribing practitioner’s or his or her agent’s decision to prescribe any medicinal drug.
(b) “Point of care” means the time at which a prescribing practitioner or his or her agent prescribes any medicinal drug.
(3) Electronic prescribing software may display information regarding a payor’s formulary if nothing is designed to preclude or make more difficult the selection of any particular pharmacy by a patient or the selection of a certain medicinal drug by a prescribing practitioner or his or her agent.
History.—s. 3, ch. 2006-271; s. 2, ch. 2019-112.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
Chapter 456 - Health Professions and Occupations: General Provisions
456.003 - Legislative Intent; Requirements.
456.004 - Department; Powers and Duties.
456.005 - Long-Range Policy Planning.
456.006 - Contacting Boards Through Department.
456.008 - Accountability and Liability of Board Members.
456.009 - Legal and Investigative Services.
456.011 - Boards; Organization; Meetings; Compensation and Travel Expenses.
456.012 - Board Rules; Final Agency Action; Challenges.
456.013 - Department; General Licensing Provisions.
456.0135 - General Background Screening Provisions.
456.016 - Use of Professional Testing Services.
456.018 - Penalty for Theft or Reproduction of an Examination.
456.019 - Restriction on Requirement of Citizenship.
456.022 - Foreign-Trained Professionals; Special Examination and License Provisions.
456.023 - Exemption for Certain Out-of-State or Foreign Professionals; Limited Practice Permitted.
456.0241 - Temporary Certificate for Active Duty Military Health Care Practitioners.
456.025 - Fees; Receipts; Disposition.
456.027 - Education; Accreditation.
456.029 - Education; Substituting Demonstration of Competency for Clock-Hour Requirements.
456.0301 - Requirement for Instruction on Controlled Substance Prescribing.
456.031 - Requirement for Instruction on Domestic Violence.
456.032 - Hepatitis B or HIV Carriers.
456.033 - Requirement for Instruction for Certain Licensees on HIV and Aids.
456.0341 - Requirements for Instruction on Human Trafficking.
456.036 - Licenses; Active and Inactive Status; Delinquency.
456.0361 - Compliance With Continuing Education Requirements.
456.038 - Renewal and Cancellation Notices.
456.039 - Designated Health Care Professionals; Information Required for Licensure.
456.0391 - Advanced Practice Registered Nurses; Information Required for Licensure.
456.0392 - Prescription Labeling.
456.041 - Practitioner Profile; Creation.
456.042 - Practitioner Profiles; Update.
456.043 - Practitioner Profiles; Data Storage.
456.044 - Practitioner Profiles; Rules; Workshops.
456.045 - Practitioner Profiles; Maintenance of Superseded Information.
456.046 - Practitioner Profiles; Confidentiality.
456.048 - Financial Responsibility Requirements for Certain Health Care Practitioners.
456.049 - Health Care Practitioners; Reports on Professional Liability Claims and Actions.
456.0495 - Reporting Adverse Incidents Occurring in Planned Out-of-Hospital Births.
456.052 - Disclosure of Financial Interest by Production.
456.054 - Kickbacks Prohibited.
456.055 - Chiropractic and Podiatric Health Care; Denial of Payment; Limitation.
456.056 - Treatment of Medicare Beneficiaries; Refusal, Emergencies, Consulting Physicians.
456.0575 - Duty to Notify Patients.
456.059 - Communications Confidential; Exceptions.
456.063 - Sexual Misconduct; Disqualification for License, Certificate, or Registration.
456.0635 - Health Care Fraud; Disqualification for License, Certificate, or Registration.
456.066 - Prosecution of Criminal Violations.
456.067 - Penalty for Giving False Information.
456.068 - Toll-Free Telephone Number for Reporting of Complaints.
456.069 - Authority to Inspect.
456.071 - Power to Administer Oaths, Take Depositions, and Issue Subpoenas.
456.072 - Grounds for Discipline; Penalties; Enforcement.
456.073 - Disciplinary Proceedings.
456.074 - Certain Health Care Practitioners; Immediate Suspension of License.
456.075 - Criminal Proceedings Against Licensees; Appearances by Department Representatives.
456.076 - Impaired Practitioner Programs.
456.077 - Authority to Issue Citations.
456.079 - Disciplinary Guidelines.
456.081 - Publication of Information.
456.082 - Disclosure of Confidential Information.
456.36 - Health Care Professionals; Exemption From Disqualification From Employment or Contracting.
456.38 - Practitioner Registry for Disasters and Emergencies.
456.41 - Complementary or Alternative Health Care Treatments.
456.42 - Written Prescriptions for Medicinal Drugs.
456.43 - Electronic Prescribing for Medicinal Drugs.
456.44 - Controlled Substance Prescribing.
456.47 - Use of Telehealth to Provide Services.