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Privacy and Confidentiality in the Therapeutic Relationship

Section 8
FS 456.43 Electronic Prescribing for Medicinal Drugs
(Regulation is reprinted at the end of this section)

Questions 5 | Answer Booklet | Table of Contents

Electronic Prescribing for Medicinal Drugs
Application Example...
Guide to Privacy and Security of Electronic Health Information

- The Office of the National Coordinator for Health Information Technology. (april 2015). Guide to Privacy and Security of Electronic Health Information. U.S. Department of Health and Human Services, 1, 4-21.

FS 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.
- Florida Legislature. (n.d.). Chapter 456 Health Professions and Occupations: General Provisions. Retrieved December 27, 2018, from http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0456/0456.html

QUESTION 8
 What shall electronic prescribing not interfere with? To select and enter your answer go to Answer Booklet.

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