Senate Bill sb0446c3

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    Florida Senate - 2004              CS for CS for CS for SB 446

    By the Committees on Agriculture; Governmental Oversight and
    Productivity; Health, Aging, and Long-Term Care; and Senators
    Margolis and Wasserman Schultz



    303-2226-04

  1                      A bill to be entitled

  2         An act relating to the sale of products

  3         containing ephedrine or ephedra; amending s.

  4         499.0121, F.S.; providing recordkeeping

  5         requirements relating to the storage and

  6         handling of prescription drugs which affiliated

  7         groups must fulfill; amending s. 499.033, F.S.;

  8         prohibiting the sale or delivery of products

  9         containing ephedrine or ephedra over the

10         counter without a prescription, subject to

11         certain exceptions; amending s. 500.04, F.S.;

12         prohibiting the sale or delivery of dietary

13         supplements or other foods containing ephedrine

14         or ephedra; creating the Weight Loss and

15         Athletic Performance Dietary Supplement Review

16         Committee; providing an appropriations;

17         repealing s. 501.0583, F.S., relating to the

18         sale of weight-loss pills containing ephedrine

19         or ephedra products to minors; providing an

20         effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Paragraph (h) is added to subsection (6) of

25  section 499.0121, Florida Statutes, to read:

26         499.0121  Storage and handling of prescription drugs;

27  recordkeeping.--The department shall adopt rules to implement

28  this section as necessary to protect the public health,

29  safety, and welfare.  Such rules shall include, but not be

30  limited to, requirements for the storage and handling of

31  

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    Florida Senate - 2004              CS for CS for CS for SB 446
    303-2226-04




 1  prescription drugs and for the establishment and maintenance

 2  of prescription drug distribution records.

 3         (6)  RECORDKEEPING.--The department shall adopt rules

 4  that require keeping such records of prescription drugs as are

 5  necessary for the protection of the public health.

 6         (h)1.  This paragraph applies only to an affiliated

 7  group, as defined by s. 1504 of the Internal Revenue Code of

 8  1986, as amended, which is composed of chain drug entities,

 9  including at least 50 retail pharmacies, warehouses, or

10  repackagers, which are members of the same affiliated group.

11         2.  Each warehouse within the affiliated group must

12  comply with all applicable federal and state drug wholesale

13  permit requirements and must purchase, receive, hold, and

14  distribute prescription drugs only to a retail pharmacy or

15  warehouse within the affiliated group. Such a warehouse is

16  exempt from providing a pedigree paper in accordance with

17  paragraphs (d) and (e) to its affiliated group member

18  warehouse, provided that:

19         a.  Any affiliated group member that purchases or

20  receives a prescription drug from outside the affiliated group

21  must receive a pedigree paper if the prescription drug is

22  distributed in or into this state and a pedigree paper is

23  required under this section and must authenticate the

24  documentation as required in subsection (4), regardless of

25  whether the affiliated group member is directly subject to

26  regulation under this chapter; and

27         b.  The affiliated group makes available to the

28  department on request all records related to the purchase or

29  acquisition of prescription drugs by members of the affiliated

30  group, regardless of the location where the records are

31  

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    Florida Senate - 2004              CS for CS for CS for SB 446
    303-2226-04




 1  stored, if the prescription drugs were distributed in or into

 2  this state.

 3         3.  If a repackager repackages prescription drugs

 4  solely for distribution to its affiliated group members for

 5  the exclusive distribution to and among retail pharmacies that

 6  are members of the affiliated group to which the repackager is

 7  a member:

 8         a.  The repackager must:

 9         (I)  In lieu of the written statement required by

10  paragraph (d) or paragraph (e), for all repackaged

11  prescription drugs distributed in or into this state, issue

12  the following written statement under oath with each

13  distribution of a repackaged prescription drug to an

14  affiliated group member warehouse or repackager: "All

15  repackaged prescription drugs are purchased by the affiliated

16  group directly from the manufacturer or from a prescription

17  drug wholesaler that purchased the prescription drugs directly

18  from the manufacturer.";

19         (II)  Purchase all prescription drugs it repackages:

20         (A)  Directly from the manufacturer; or

21         (B)  From a prescription drug wholesaler that purchased

22  the prescription drugs directly from the manufacturer; and

23         (III)  Maintain records in accordance with this section

24  to document that it purchased the prescription drugs directly

25  from the manufacturer or that its prescription drug wholesale

26  supplier purchased the prescription drugs directly from the

27  manufacturer.

28         b.  In addition, all members of the affiliated group

29  must provide to agents of the department on request records of

30  purchases by all members of the affiliated group of

31  prescription drugs that have been repackaged, regardless of

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    Florida Senate - 2004              CS for CS for CS for SB 446
    303-2226-04




 1  the location where the records are stored or where the

 2  repackager is located.

 3         4.  This paragraph expires July 1, 2006.

 4         Section 2.  Subsections (1) and (2) of section 499.033,

 5  Florida Statutes, are amended to read:

 6         499.033  Ephedrine; prescription required.--Ephedrine

 7  is declared to be a prescription drug.

 8         (1)  Except as provided in subsection (2), a person may

 9  not sell or deliver over the counter any drug product that

10  contains any quantity of ephedrine, a salt of ephedrine, an

11  optical isomer of ephedrine, or a salt of an optical isomer of

12  ephedrine, including any part of the plant genus ephedra or

13  the plant genus sida cordifolia, and any species thereof,

14  unless may be dispensed by a duly licensed pharmacist or

15  dispensing practitioner and only upon the prescription of a

16  duly licensed practitioner authorized by the laws of the state

17  to prescribe medicinal drugs.

18         (2)  A drug product containing ephedrine described in

19  paragraphs (a)-(e) is exempt from subsection (1) if it may

20  lawfully be sold over the counter without a prescription under

21  the federal act; is labeled and marketed in a manner

22  consistent with the pertinent United States Food and Drug

23  Administration Over-the-Counter Tentative Final or Final

24  Monograph; and is manufactured and distributed for legitimate

25  medicinal use in a manner that reduces or eliminates the

26  likelihood of abuse, when considered in the context with:  the

27  package sizes and the manner of packaging of the drug product;

28  the name and labeling of the drug product; the manner of

29  distribution, advertising, and promotion of the drug product;

30  the duration, scope, health significance, and societal cost of

31  abuse of the particular drug product; the need to provide

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    Florida Senate - 2004              CS for CS for CS for SB 446
    303-2226-04




 1  medically important ephedrine-containing therapies to the

 2  public for United States Food and Drug Administration approved

 3  indications on an unrestricted, over-the-counter basis; and

 4  other facts as may be relevant to and consistent with public

 5  health and safety.

 6         (a)  Solid oral dosage forms that combine active

 7  ingredients in the following ranges for each dosage unit:

 8         1.  Theophylline (100-130mg), ephedrine (12.5-24mg).

 9         2.  Theophylline (60-100mg), ephedrine (12.5-24mg),

10  guaifenesin (200-400mg).

11         3.  Ephedrine (12.5-25mg), guaifenesin (200-400mg).

12         4.  Phenobarbital (not greater than 8mg) in combination

13  with the ingredients of subparagraph 1. or subparagraph 2.

14         (b)  Liquid oral dosage forms that combine active

15  ingredients in the following ranges for each (5ml) dose:

16         1.  Theophylline (not greater than 45mg), ephedrine

17  (not greater than 36mg), guaifenesin (not greater than 100mg),

18  phenobarbital (not greater than 12mg).

19         2.  Phenylephrine (not greater than 5mg), ephedrine

20  (not greater than 5mg), chlorpheniramine (not greater than

21  2mg), dextromethorphan (not greater than 10mg), ammonium

22  chloride (not greater than 40mg), ipecac fluid extract (not

23  greater than 0.005ml).

24         (c)  Anorectal preparations containing less than 5

25  percent ephedrine.

26         (d)  Nasal decongestant compounds, mixtures, or

27  preparations containing 0.5 percent or less ephedrine.

28         (e)  Any drug product containing ephedrine that is

29  marketed pursuant to an approved new drug application or legal

30  equivalent under the federal act.

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    Florida Senate - 2004              CS for CS for CS for SB 446
    303-2226-04




 1         Section 3.  Subsection (12) is added to section 500.04,

 2  Florida Statutes, to read:

 3         500.04  Prohibited acts.--The following acts and the

 4  causing thereof within the state are prohibited:

 5         (12)  The sale or delivery of any dietary supplement or

 6  any other food that contains any quantity of ephedrine, a salt

 7  of epherdrine, an optical isomer of ephedrine, or a salt of

 8  any optical isomer of ephedrine, including any part of the

 9  plant genus ephedra or the plant genus sida cordifolia, and

10  any species thereof.

11         Section 4.  Weight Loss and Athletic Performance

12  Dietary Supplement Review Committee.--

13         (1)  The Weight Loss and Athletic Performance Dietary

14  Supplement Review Committee is created for the purpose of

15  evaluating the safety of ingredients contained in dietary

16  supplements that are sold in Florida and that claim to promote

17  weight loss and athletic performance. The committee shall be

18  established by August 1, 2004, and its evaluation process

19  shall include reviewing scientific research and adverse

20  incident reports relating to weight loss and athletic

21  performance dietary supplements. The committee shall draft a

22  report that summarizes its findings and provides

23  recommendations for future legislative and executive branch

24  action that may be taken to protect the public from dangerous

25  weight loss and athletic performance dietary supplements. This

26  report shall be submitted to the President of the Senate and

27  the Speaker of the House of Representatives by August 1, 2005.

28         (2)  The committee shall consist of:

29         (a)  The Commissioner of Agriculture, or his or her

30  designee;

31         (b)  The Secretary of Health, or his or her designee;

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    Florida Senate - 2004              CS for CS for CS for SB 446
    303-2226-04




 1         (c)  Two members who are health care practitioners as

 2  defined in section 456.001, Florida Statutes, or scientists,

 3  who possess expertise in the area of weight loss and athletic

 4  performance dietary supplements, to be appointed by the

 5  Secretary of Health;

 6         (d)  Two members who possess expertise in the area of

 7  dietary supplement regulation, to be appointed by the

 8  Commissioner of Agriculture; and

 9         (e)  Two members who represent the weight loss and

10  athletic performance dietary supplement industry, to be

11  appointed by the Commissioner of Agriculture.

12         (3)  The sum of $10,000 is appropriated from the

13  General Revenue Fund for fiscal year 2004-2005 for use in

14  payment of costs associated with meeting attendance for

15  appointees of this committee. Additional administrative

16  support shall be provided by the Department of Agriculture and

17  Consumer Services.

18         Section 5.  Section 501.0583, Florida Statutes, as

19  created by section 1 of chapter 2003-24, Laws of Florida, is

20  repealed.

21         Section 6.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004              CS for CS for CS for SB 446
    303-2226-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS/CS Senate Bill 446

 3                                 

 4  CS for CS for CS for SB 446 is different from CS for CS SB 446
    in that it:
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    1.   Changes recordkeeping requirements for affiliated groups
 6       concerning the storage and handling of prescription
         drugs;
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    2.   Prohibits the sale or delivery of dietary supplements or
 8       foods containing ephedrine or ephedra;

 9  3.   Appropriates $10,000 to the Department of Agriculture and
         Consumer Services from General Revenue for fiscal year
10       2004-2005 for costs associated with the Weight Loss and
         Athletic Performance Dietary Supplement Review Committee.
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