(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.
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