456.43 Electronic prescribing for medicinal drugs.—
(1) Electronic prescribing shall not interfere with a patient’s freedom to choose a pharmacy.
(2) Electronic prescribing software shall not use any means or permit any other person to use any means, including, but not limited to, advertising, instant messaging, and pop-up ads, to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a prescribing practitioner at the point of care. Such means shall not be triggered or in specific response to the input, selection, or act of a prescribing practitioner or his or her agent in prescribing a certain pharmaceutical or directing a patient to a certain pharmacy.
(a) The term “prescribing decision” means a prescribing practitioner’s decision to prescribe a certain pharmaceutical.
(b) The term “point of care” means the time that a prescribing practitioner or his or her agent is in the act of prescribing a certain pharmaceutical.
(3) Electronic prescribing software may show information regarding a payor’s formulary as long as nothing is designed to preclude or make more difficult the act of a prescribing practitioner or patient selecting any particular pharmacy or pharmaceutical.
History.—s. 3, ch. 2006-271.
Section: Previous 456.075 456.076 456.077 456.078 456.079 456.081 456.082 456.36 456.38 456.41 456.42 456.43 456.44 456.50 NextLast modified: September 23, 2016