1 | Representative Bean offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | On page 3, between lines 19 and 20, |
5 |
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6 | insert: |
7 | Section 3. Subsection (29) of section 499.005, Florida |
8 | Statutes, is amended to read: |
9 | 499.005 Prohibited acts.--It is unlawful for a person to |
10 | perform or cause the performance of any of the following acts in |
11 | this state: |
12 | (29) The receipt of a prescription drug pursuant to a |
13 | wholesale distribution without either first receiving a pedigree |
14 | paper that was attested to as accurate and complete by the |
15 | wholesale distributor or complying with the provisions of s. |
16 | 499.0121(6)(f)6. |
17 | Section 4. Paragraph (f) of subsection (6) of section |
18 | 499.0121, Florida Statutes, is amended to read: |
19 | 499.0121 Storage and handling of prescription drugs; |
20 | recordkeeping.--The department shall adopt rules to implement |
21 | this section as necessary to protect the public health, safety, |
22 | and welfare. Such rules shall include, but not be limited to, |
23 | requirements for the storage and handling of prescription drugs |
24 | and for the establishment and maintenance of prescription drug |
25 | distribution records. |
26 | (6) RECORDKEEPING.--The department shall adopt rules that |
27 | require keeping such records of prescription drugs as are |
28 | necessary for the protection of the public health. |
29 | (f)1. Effective July 1, 2006, each person who is engaged |
30 | in the wholesale distribution of a prescription drug and who is |
31 | not the manufacturer of that drug must, before each wholesale |
32 | distribution of such drug, provide to the person who receives |
33 | the drug a pedigree paper as defined in s. 499.003(31). |
34 | 2. A repackager must comply with this paragraph. |
35 | 3. The pedigree paper requirements in this paragraph do |
36 | not apply to compressed medical gases or veterinary legend |
37 | drugs. |
38 | 4. Each wholesale distributor of prescription drugs must |
39 | maintain separate and distinct from other required records all |
40 | statements that are required under subparagraph 1. |
41 | 5. In order to verify compliance with subparagraph (d)1., |
42 | each manufacturer of a prescription drug sold in this state must |
43 | make available upon request distribution documentation related |
44 | to its sales of prescription drugs, regardless of whether the |
45 | prescription drug was sold directly by the manufacturer to a |
46 | person in Florida. |
47 | 6. The requirement of subparagraph 1. is satisfied when a |
48 | wholesale distributor takes title to, but not possession of, a |
49 | prescription drug and the prescription drug's manufacturer ships |
50 | the prescription drug directly to a person authorized by law to |
51 | purchase prescription drugs for the purpose of administering or |
52 | dispensing the drug, as defined under s. 465.003, or a member of |
53 | an affiliated group, as described in paragraph (h), except a |
54 | repackager. |
55 | a. The wholesale distributor must deliver to the recipient |
56 | of the prescription drug, within 14 days after the shipment |
57 | notification from the manufacturer, an invoice and a sworn |
58 | statement that "This wholesale distributor purchased the |
59 | specific unit of the prescription drug listed in the invoice |
60 | directly from the manufacturer and the specific unit of |
61 | prescription drug was shipped by the manufacturer directly to a |
62 | person authorized by law to administer or dispense the legend |
63 | drug pursuant to s. 465.003, Florida Statutes, or a member of an |
64 | affiliated group, as described in s. 499.0121(6)(h), Florida |
65 | Statutes, except a repackager." The invoice must contain a |
66 | unique cross-reference to the shipping document sent by the |
67 | manufacturer to the recipient of the prescription drug. |
68 | b. The recipient of the prescription drug must acquire, |
69 | within 14 days after receipt of the prescription drug, a |
70 | shipping document from the manufacturer that contains, at a |
71 | minimum: |
72 | (I) The name and address of the manufacturer, including |
73 | the point of origin of the shipment; the wholesaler; and such |
74 | purchaser. |
75 | (II) The name of the prescription drug as it appears on |
76 | the label. |
77 | (III) The quantity, dosage form, and strength of the |
78 | prescription drug. |
79 | (IV) The date of the shipment from the manufacturer. |
80 |
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81 | The wholesale distributor must also maintain and make available |
82 | to the department, upon request, the lot number of the |
83 | prescription drug if the lot number is not contained in the |
84 | shipping document acquired by the recipient. |
85 | 7. Failure of the recipient to acquire, or the wholesale |
86 | distributor to deliver, the documentation required under |
87 | subparagraph 6. shall constitute failure to acquire or deliver a |
88 | pedigree paper under s. 499.0051. Forgery by recipient or the |
89 | wholesale distributor of the documentation required to be |
90 | acquired or delivered under subparagraph 6. shall constitute |
91 | forgery of a pedigree paper under s. 499.0051. |
92 | 8. The department may by rule define alternatives to |
93 | compliance with subparagraph 1. for a prescription drug in the |
94 | inventory of a permitted prescription drug wholesaler as of June |
95 | 30, 2006, and the return of a prescription drug purchased prior |
96 | to July 1, 2006. The department may specify time limits for such |
97 | alternatives. |
98 |
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99 | ========= T I T L E A M E N D M E N T ========= |
100 | On page 1, lines 2-10, |
101 | remove: all of said lines |
102 |
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103 | and insert: |
104 | An act relating to pharmacy; amending s. 465.026, F.S.; |
105 | deleting a provision authorizing certain community |
106 | pharmacies to transfer prescriptions for Schedule II |
107 | medicinal drugs under certain conditions; creating s. |
108 | 465.0266, F.S.; authorizing the dispensing or refilling of |
109 | a prescription without a transferred prescription under |
110 | specified conditions; amending s. 499.005, F.S.; revising |
111 | a prohibition relating to pedigree papers; amending s. |
112 | 499.0121, F.S.; requiring certain wholesale distributors |
113 | taking title to a prescription drug to provide an invoice |
114 | to the purchaser containing certain information; requiring |
115 | a recipient of a prescription drug to acquire from the |
116 | manufacturer a shipping document containing specified |
117 | information; requiring a wholesale distributor to make |
118 | certain information available to the department; providing |
119 | for penalties; authorizing the department to adopt certain |
120 | rules relating to the inventory and return of certain |
121 | prescription drugs; providing an effective |