Senate Bill sb0874er

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  2         An act relating to the sale and distribution of

  3         prescription drugs; amending s. 499.003, F.S.;

  4         redefining the term "pedigree paper"; amending

  5         s. 499.012, F.S.; providing an exemption from

  6         wholesale distribution for the transfer of

  7         prescription drugs due to a change in the

  8         ownership of a pharmacy; amending s. 499.0121,

  9         F.S.; abrogating the expiration of

10         recordkeeping provisions for pedigree papers

11         which relate to chain drug entities that are

12         part of an affiliated group; prohibiting the

13         Agency for Health Care Administration from

14         reviewing or using certain violations relating

15         to recordkeeping for prescription drugs to deny

16         or withhold Medicaid payments to pharmacies or

17         to audit the records of such pharmacies;

18         providing an effective date.

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

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22         Section 1.  Subsection (31) of section 499.003, Florida

23  Statutes, is amended to read:

24         499.003  Definitions of terms used in ss.

25  499.001-499.081.--As used in ss. 499.001-499.081, the term:

26         (31)  "Pedigree paper" means:

27         (a)  A document required pursuant to s. 499.0121(6)(d)

28  or (e); or

29         (b)  Effective July 1, 2006, a document or electronic

30  in a form approved by the Department of Health and containing

31  information that records each distribution of any given legend


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 1  drug, from sale by a pharmaceutical manufacturer, through

 2  acquisition and sale by any wholesaler or repackager, until

 3  final sale to a pharmacy or other person administering or

 4  dispensing the drug. The information required to be included

 5  on a legend drug's pedigree paper must at least detail the

 6  amount of the legend drug;, its dosage form and strength;, its

 7  lot numbers;, the name and address of each owner of the legend

 8  drug and his or her signature;, its shipping information,

 9  including the name and address of each person certifying

10  delivery or receipt of the legend drug; an invoice number, a

11  shipping document number, or another number uniquely

12  identifying the transaction;, and a certification that the

13  recipient wholesaler has authenticated the pedigree papers. If

14  the manufacturer or repackager has uniquely serialized the

15  individual legend drug unit, that identifier must also be

16  included on the pedigree. It must also include the name,

17  address, telephone number and, if available, e-mail contact

18  information of each wholesaler involved in the chain of the

19  legend drug's custody. The department shall adopt rules and a

20  form relating to the requirements of this paragraph no later

21  than 90 days after the effective date of this act.

22         Section 2.  Paragraph (a) of subsection (1) of section

23  499.012, Florida Statutes, is amended to read:

24         499.012  Wholesale distribution; definitions; permits;

25  applications; general requirements.--

26         (1)  As used in this section, the term:

27         (a)  "Wholesale distribution" means distribution of

28  prescription drugs to persons other than a consumer or

29  patient, but does not include:

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 1         1.  Any of the following activities, which is not a

 2  violation of s. 499.005(21) if such activity is conducted in

 3  accordance with s. 499.014:

 4         a.  The purchase or other acquisition by a hospital or

 5  other health care entity that is a member of a group

 6  purchasing organization of a prescription drug for its own use

 7  from the group purchasing organization or from other hospitals

 8  or health care entities that are members of that organization.

 9         b.  The sale, purchase, or trade of a prescription drug

10  or an offer to sell, purchase, or trade a prescription drug by

11  a charitable organization described in s. 501(c)(3) of the

12  Internal Revenue Code of 1986, as amended and revised, to a

13  nonprofit affiliate of the organization to the extent

14  otherwise permitted by law.

15         c.  The sale, purchase, or trade of a prescription drug

16  or an offer to sell, purchase, or trade a prescription drug

17  among hospitals or other health care entities that are under

18  common control. For purposes of this section, "common control"

19  means the power to direct or cause the direction of the

20  management and policies of a person or an organization,

21  whether by ownership of stock, by voting rights, by contract,

22  or otherwise.

23         d.  The sale, purchase, trade, or other transfer of a

24  prescription drug from or for any federal, state, or local

25  government agency or any entity eligible to purchase

26  prescription drugs at public health services prices pursuant

27  to Pub. L. No. 102-585, s. 602 to a contract provider or its

28  subcontractor for eligible patients of the agency or entity

29  under the following conditions:

30         (I)  The agency or entity must obtain written

31  authorization for the sale, purchase, trade, or other transfer


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 1  of a prescription drug under this sub-subparagraph from the

 2  Secretary of Health or his or her designee.

 3         (II)  The contract provider or subcontractor must be

 4  authorized by law to administer or dispense prescription

 5  drugs.

 6         (III)  In the case of a subcontractor, the agency or

 7  entity must be a party to and execute the subcontract.

 8         (IV)  A contract provider or subcontractor must

 9  maintain separate and apart from other prescription drug

10  inventory any prescription drugs of the agency or entity in

11  its possession.

12         (V)  The contract provider and subcontractor must

13  maintain and produce immediately for inspection all records of

14  movement or transfer of all the prescription drugs belonging

15  to the agency or entity, including, but not limited to, the

16  records of receipt and disposition of prescription drugs. Each

17  contractor and subcontractor dispensing or administering these

18  drugs must maintain and produce records documenting the

19  dispensing or administration. Records that are required to be

20  maintained include, but are not limited to, a perpetual

21  inventory itemizing drugs received and drugs dispensed by

22  prescription number or administered by patient identifier,

23  which must be submitted to the agency or entity quarterly.

24         (VI)  The contract provider or subcontractor may

25  administer or dispense the prescription drugs only to the

26  eligible patients of the agency or entity or must return the

27  prescription drugs for or to the agency or entity. The

28  contract provider or subcontractor must require proof from

29  each person seeking to fill a prescription or obtain treatment

30  that the person is an eligible patient of the agency or entity

31  and must, at a minimum, maintain a copy of this proof as part


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 1  of the records of the contractor or subcontractor required

 2  under sub-sub-subparagraph (V).

 3         (VII)  In addition to the departmental inspection

 4  authority set forth in s. 499.051, the establishment of the

 5  contract provider and subcontractor and all records pertaining

 6  to prescription drugs subject to this sub-subparagraph shall

 7  be subject to inspection by the agency or entity. All records

 8  relating to prescription drugs of a manufacturer under this

 9  sub-subparagraph shall be subject to audit by the manufacturer

10  of those drugs, without identifying individual patient

11  information.

12         2.  Any of the following activities, which is not a

13  violation of s. 499.005(21) if such activity is conducted in

14  accordance with rules established by the department:

15         a.  The sale, purchase, or trade of a prescription drug

16  among federal, state, or local government health care entities

17  that are under common control and are authorized to purchase

18  such prescription drug.

19         b.  The sale, purchase, or trade of a prescription drug

20  or an offer to sell, purchase, or trade a prescription drug

21  for emergency medical reasons. For purposes of this

22  sub-subparagraph, the term "emergency medical reasons"

23  includes transfers of prescription drugs by a retail pharmacy

24  to another retail pharmacy to alleviate a temporary shortage.

25         c.  The transfer of a prescription drug acquired by a

26  medical director on behalf of a licensed emergency medical

27  services provider to that emergency medical services provider

28  and its transport vehicles for use in accordance with the

29  provider's license under chapter 401.

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 1         d.  The revocation of a sale or the return of a

 2  prescription drug to the person's prescription drug wholesale

 3  supplier.

 4         e.  The donation of a prescription drug by a health

 5  care entity to a charitable organization that has been granted

 6  an exemption under s. 501(c)(3) of the Internal Revenue Code

 7  of 1986, as amended, and that is authorized to possess

 8  prescription drugs.

 9         f.  The transfer of a prescription drug by a person

10  authorized to purchase or receive prescription drugs to a

11  person licensed or permitted to handle reverse distributions

12  or destruction under the laws of the jurisdiction in which the

13  person handling the reverse distribution or destruction

14  receives the drug.

15         g.  The transfer of a prescription drug by a hospital

16  or other health care entity to a person licensed under this

17  chapter to repackage prescription drugs for the purpose of

18  repackaging the prescription drug for use by that hospital, or

19  other health care entity and other health care entities that

20  are under common control, if ownership of the prescription

21  drugs remains with the hospital or other health care entity at

22  all times. In addition to the recordkeeping requirements of

23  s. 499.0121(6), the hospital or health care entity that

24  transfers prescription drugs pursuant to this sub-subparagraph

25  must reconcile all drugs transferred and returned and resolve

26  any discrepancies in a timely manner.

27         3.  The distribution of prescription drug samples by

28  manufacturers' representatives or distributors'

29  representatives conducted in accordance with s. 499.028.

30         4.  The sale, purchase, or trade of blood and blood

31  components intended for transfusion. As used in this


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 1  subparagraph, the term "blood" means whole blood collected

 2  from a single donor and processed either for transfusion or

 3  further manufacturing, and the term "blood components" means

 4  that part of the blood separated by physical or mechanical

 5  means.

 6         5.  The lawful dispensing of a prescription drug in

 7  accordance with chapter 465.

 8         6.  The sale, purchase, or trade of a prescription drug

 9  between pharmacies as a result of a sale, transfer, merger, or

10  consolidation of all or part of the business of the pharmacies

11  from or with another pharmacy, whether accomplished as a

12  purchase and sale of stock or of business assets.

13         Section 3.  Paragraph (h) of subsection (6) of section

14  499.0121, Florida Statutes, is amended to read:

15         499.0121  Storage and handling of prescription drugs;

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

17  this section as necessary to protect the public health,

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

19  limited to, requirements for the storage and handling of

20  prescription drugs and for the establishment and maintenance

21  of prescription drug distribution records.

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

23  that require keeping such records of prescription drugs as are

24  necessary for the protection of the public health.

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

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

27  1986, as amended, which is composed of chain drug entities,

28  including at least 50 retail pharmacies, warehouses, or

29  repackagers, which are members of the same affiliated group,

30  if the affiliated group:

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 1         a.  Discloses to the department the names of all its

 2  members; and

 3         b.  Agrees in writing to provide records on

 4  prescription drug purchases by members of the affiliated group

 5  not later than 48 hours after the department requests such

 6  records, regardless of the location where the records are

 7  stored.

 8         2.  Each warehouse within the affiliated group must

 9  comply with all applicable federal and state drug wholesale

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

11  distribute prescription drugs only to a retail pharmacy or

12  warehouse within the affiliated group. Such a warehouse is

13  exempt from providing a pedigree paper in accordance with

14  paragraphs (d), (e), and (f) (e) to its affiliated group

15  member warehouse or retail pharmacy, provided that:

16         a.  Any affiliated group member that purchases or

17  receives a prescription drug from outside the affiliated group

18  must receive a pedigree paper if the prescription drug is

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

20  required under this section and must authenticate the

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

22  whether the affiliated group member is directly subject to

23  regulation under this chapter; and

24         b.  The affiliated group makes available to the

25  department on request all records related to the purchase or

26  acquisition of prescription drugs by members of the affiliated

27  group, regardless of the location where the records are

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

29  this state.

30         3.  If a repackager repackages prescription drugs

31  solely for distribution to its affiliated group members for


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 1  the exclusive distribution to and among retail pharmacies that

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

 3  a member:

 4         a.  The repackager must:

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

 6  paragraph (d), or paragraph (e), or paragraph (f), for all

 7  repackaged prescription drugs distributed in or into this

 8  state, state in writing under oath with each distribution of a

 9  repackaged prescription drug to an affiliated group member

10  warehouse or repackager: "All repackaged prescription drugs

11  are purchased by the affiliated group directly from the

12  manufacturer or from a prescription drug wholesaler that

13  purchased the prescription drugs directly from the

14  manufacturer.";

15         (II)  Purchase all prescription drugs it repackages:

16         (A)  Directly from the manufacturer; or

17         (B)  From a prescription drug wholesaler that purchased

18  the prescription drugs directly from the manufacturer; and

19         (III)  Maintain records in accordance with this section

20  to document that it purchased the prescription drugs directly

21  from the manufacturer or that its prescription drug wholesale

22  supplier purchased the prescription drugs directly from the

23  manufacturer.

24         b.  All members of the affiliated group must provide to

25  agents of the department on request records of purchases by

26  all members of the affiliated group of prescription drugs that

27  have been repackaged, regardless of the location where the

28  records are stored or where the repackager is located.

29         4.  This paragraph expires July 1, 2006.

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 1         Section 4.  Notwithstanding any other provisions of law

 2  to the contrary, the Agency for Health Care Administration may

 3  not:

 4         (1)  Review or use any violation or alleged violation

 5  of section 499.0121(6), Florida Statutes, or any rules adopted

 6  under that section, as a ground for denying or withholding any

 7  payment of a Medicaid reimbursement to a pharmacy licensed

 8  under chapter 465, Florida Statutes; or

 9         (2)  Review or use compliance with section 499.0121(6),

10  Florida Statutes, or any rules adopted under that section, as

11  the subject of any audit of Medicaid-related records held by a

12  pharmacy licensed under chapter 465, Florida Statutes.

13         Section 5.  This act shall take effect upon becoming a

14  law.

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