(1)(a) Before dispensing a prescription medication, a licensed veterinarian or an authorized member of the veterinary staff must clearly inform a client of:
1. The client’s right to receive a written prescription for the medication that can be filled at the pharmacy of the client’s choice.
2. If the veterinary establishment is able to fill the prescription, the option to have the prescription filled at the veterinary establishment.
For purposes of this chapter, “written prescription” may include paper prescriptions via manual transmission or electronic prescriptions via direct transmission to a pharmacy.
(b) Each disclosure required under this subsection shall be made:
1. Verbally, if the consultation with the client is in person; or
2. Electronically, if the consultation with the client is through veterinary telehealth.
(c) The option chosen by the client under paragraph (a) must be documented by the veterinarian or an authorized member of the veterinary staff with a one-time acknowledgment that is signed by the client and that states that the client is aware of the options in paragraph (a).
1. The acknowledgment must be in substantially the following form:
ACKNOWLEDGMENT OF ABILITY TO RECEIVE WRITTEN PRESCRIPTION
“I, (name of client) , understand the veterinary client’s right to receive a written prescription for the medication that can be filled by the pharmacy of my choice or my veterinarian, as provided in s. 474.224, Florida Statutes.”
Signature: (signature of applicant) Date: (date)
2. An acknowledgment signed by a client under this section shall be documented in the patient’s medical record.
3. An acknowledgment under this section may not make a statement, notification, warning, or assumption regarding the efficacy or safety of filling prescriptions through an outside pharmacy.
(d) A veterinary establishment shall post a clear and conspicuous sign near the point of sale or where checkout occurs which substantially states the following:
“FLORIDA LAW GIVES THE VETERINARY CLIENT THE OPTION TO:
1.
RECEIVE A WRITTEN PRESCRIPTION FOR MEDICATION THAT CAN BE FILLED AT THE PHARMACY OF YOUR CHOICE; OR
2.
HAVE YOUR PRESCRIPTION FILLED AT THE VETERINARY ESTABLISHMENT, IF THE VETERINARY ESTABLISHMENT IS ABLE TO FILL THE PRESCRIPTION.”
(2) This section does not apply if:
(a) Immediate dispensing of medication is necessary to preserve life or prevent suffering; or
(b) The prescription is for a controlled substance, the dispensing of which is restricted by federal or state law.
