Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

12/15/2005 - 12/22/2005

 

New Legislative Entries

 

Florida S.B. 7060

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=FL+S.B.+7060

 

Category:

Medical Records Privacy

 

Last Action:

12/19/2005 To SENATE Committee on HEALTH CARE.

 

Synopsis:

Requires a health care practitioner's employer who is a records owner and a records custodian to comply with specified requirements for confidentiality and disclosure. Provides that certain requirements on written prescriptions of medicinal drugs be limited to handwritten prescriptions by health care practitioners. Specifies requirements for a prescriber to prevent generic substitution of brand name drugs when a prescription is electronically transmitted or generated

 

Additional Information:

Language as Provisionally Filed on December 19, 2005:

 

Section 1. Present subsections (3) through (19) of section 456.057, Florida Statutes, are redesignated as subsections (5) through (21), respectively, and new subsections (3) and (4) are added to that section, to read: 456.057 Ownership and control of patient records; report or copies of records to be furnished.--

 

(3) AS USED IN THIS SECTION, THE TERM "RECORDS CUSTODIAN" MEANS ANY PERSON OR ENTITY THAT:

 

(A) MAINTAINS DOCUMENTS THAT ARE AUTHORIZED IN SUBSECTION (2); OR

 

(B) OBTAINS MEDICAL RECORDS FROM A RECORDS OWNER.

 

(4) ANY HEALTH CARE PRACTITIONER'S EMPLOYER WHO IS A RECORDS OWNER AND ANY RECORDS CUSTODIAN SHALL MAINTAIN RECORDS OR DOCUMENTS AS PROVIDED UNDER THE CONFIDENTIALITY AND DISCLOSURE REQUIREMENTS OF THIS SECTION.

 

Section 2. Section 456.42, Florida Statutes, is amended to read: 456.42 HANDWRITTEN Written prescriptions for medicinal drugs.--A HANDWRITTEN written prescription for a medicinal drug issued by a health care practitioner licensed by law to prescribe such drug must be legibly printed or typed so as to be capable of being understood by the pharmacist filling the prescription; must contain the name of the prescribing practitioner, the name and strength of the drug prescribed, the quantity of the drug prescribed in both textual and numerical formats, and the directions for use of the drug; must be dated with the month written out in textual letters; and must be signed by the prescribing practitioner on the day when issued.

 

Section 3. Subsection (2) of section 465.025, Florida Statutes, is amended to read: 465.025 Substitution of drugs.--

 

(2) A pharmacist who receives a prescription for a brand name drug shall, unless requested otherwise by the purchaser, substitute a less expensive, generically equivalent drug product that is:

 

(a) Distributed by a business entity doing business, and subject to suit and service of legal process, in the United States; and

 

(b) Listed in the formulary of generic and brand name drug products as provided in subsection (5) for the brand name drug prescribed, unless the prescriber writes the words "MEDICALLY NECESSARY," in her or his own handwriting, on the face of a written prescription ; or unless, in the case of an oral prescription, the prescriber expressly indicates to the pharmacist that the brand name drug prescribed is medically necessary ; OR UNLESS, IN THE CASE OF A PRESCRIPTION THAT IS ELECTRONICALLY GENERATED AND TRANSMITTED, THE PRESCRIBER MAKES AN OVERT ACT WHEN TRANSMITTING THE PRESCRIPTION TO INDICATE THAT THE BRAND NAME DRUG PRESCRIBED IS MEDICALLY NECESSARY . WHEN DONE IN CONJUNCTION WITH THE ELECTRONIC TRANSMISSION OF THE PRESCRIPTION, THE PRESCRIBER'S OVERT ACT INDICATES TO THE PHARMACIST THAT THE BRAND NAME DRUG PRESCRIBED IS MEDICALLY NECESSARY.

 

Section 4. This act shall take effect July 1, 2006.

 

Status:

12/19/2005 Provisionally Filed.

12/19/2005 To SENATE Committee on HEALTH CARE.

 

Sponsor Information:

Senate Committee on Health, Aging and Long-Term Care

 

Sponsor:

Senate Committee on Health, Aging and Long-Term Care