Florida Statute 465.0251 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 465
PHARMACY

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F.S. 465.0251

465.0251 Generic drugs; removal from formulary under specified circumstances.—

(1) The Board of Pharmacy and the Board of Medicine shall remove any generic named drug product from the formulary established by s. 465.025(6), if every commercially marketed equivalent of that drug product is “A” rated as therapeutically equivalent to a reference listed drug or is a reference listed drug as referred to in “Approved Drug Products with Therapeutic Equivalence Evaluations” (Orange Book) published by the United States Food and Drug Administration.

(2) Nothing in this act shall alter or amend s. 465.025 as to existing law providing for the authority of physicians to prohibit generic drug substitution by writing “medically necessary” on the prescription.

History.—ss. 1, 2, ch. 2001-146.

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Amendments to 465.0251

Arrestable Offenses / Crimes under Fla. Stat. 465.0251

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 465.0251.

Annotations, Discussions, Cases:

Cases Citing Statute 465.0251

Total Results: 1

Abbott Laboratories v. Mylan Pharmaceuticals, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-22T00:00:00-07:00

Citation: 15 So. 3d 642, 2009 Fla. App. LEXIS 8512, 2009 WL 1741035

Snippet: the provisions of section 465.0251(1), Florida Statutes (2007). Section 465.0251(1) removes a generic drug… Because the ALJ erred in interpreting section 465.0251(1) to apply to editions of the *645 Orange Book…(j) (2006) (because of the language in section 465.0251(1), we will refer to a "reference listed … the interpretation and application of section 465.0251, enacted in 2001, and section 465.025 first enacted…receiving prescription medication." Section 465.0251, Florida Statutes (2007), permits removal from