Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 371, 1st Eng.
                        Barcode 422560
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1/AD/3R          .                    
       05/05/2006 11:06 PM         .                    
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11  Senator Peaden moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Between lines 205 and 206,
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16  insert:  
17         Section 3.  Subsection (31) of section 499.003, Florida
18  Statutes, is amended to read:
19         499.003  Definitions of terms used in ss.
20  499.001-499.081.--As used in ss. 499.001-499.081, the term:
21         (31)  "Pedigree paper" means:
22         (a)  A document required pursuant to s. 499.0121(6)(d)
23  or (e); or
24         (b)1.  Effective July 1, 2006, a document or electronic
25  form approved by the Department of Health and containing
26  information that records each distribution of any given legend
27  drug, from sale by a pharmaceutical manufacturer, through
28  acquisition and sale by any wholesaler or repackager, until
29  final sale to a pharmacy or other person administering or
30  dispensing the drug. The information required to be included
31  on the form approved by the department pursuant to this
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 371, 1st Eng. Barcode 422560 1 subparagraph a legend drug's pedigree paper must at least 2 detail the amount of the legend drug; its dosage form and 3 strength; its lot numbers; the name and address of each owner 4 of the legend drug and his or her signature; its shipping 5 information, including the name and address of each person 6 certifying delivery or receipt of the legend drug; an invoice 7 number, a shipping document number, or another number uniquely 8 identifying the transaction; and a certification that the 9 recipient wholesaler has authenticated the pedigree papers. If 10 the manufacturer or repackager has uniquely serialized the 11 individual legend drug unit, that identifier must also be 12 included on the form approved pursuant to this subparagraph 13 pedigree. It must also include the name, address, telephone 14 number and, if available, e-mail contact information of each 15 wholesaler involved in the chain of the legend drug's custody; 16 or 17 2. A statement, under oath, in written or electronic 18 form, confirming that a wholesale distributor purchases and 19 receives the specific unit of the prescription drug directly 20 from the manufacturer of the prescription drug and distributes 21 the prescription drug directly to a chain pharmacy warehouse 22 or a person authorized by law to purchase prescription drugs 23 for the purpose of administering or dispensing the drug, as 24 defined in s. 465.003. For purposes of this paragraph, the 25 term "chain pharmacy warehouse" means a wholesale distributor 26 permitted pursuant to s. 499.01 that maintains a physical 27 location for prescription drugs that functions solely as a 28 central warehouse to perform intracompany transfers of such 29 drugs to a member of its affiliated group as described in s. 30 499.0121(6)(h)1. 31 a. The following information must be included on the 2 6:02 PM 05/03/06 h037105e1c-02-tpl
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 371, 1st Eng. Barcode 422560 1 form approved by the department pursuant to this subparagraph: 2 (I) The following statement: "This wholesale 3 distributor purchased the specific unit of the prescription 4 drug directly from the manufacturer." 5 (II) The manufacturers' national drug code identifier 6 and the name and address of the wholesaler and the purchaser 7 of the prescription drug. 8 (III) The name of the prescription drug as it appears 9 on the label. 10 (IV) The quantity, dosage form, and strength of the 11 prescription drug. 12 b. The wholesale distributor must also maintain and 13 make available to the department, upon request, the point of 14 origin of the prescription drugs, including intracompany 15 transfers; the date of the shipment from the manufacturer to 16 the wholesale distributor; the lot numbers of such drugs; and 17 the invoice numbers from the manufacturer. 18 19 The department may shall adopt rules and forms a form relating 20 to the requirements of this subsection paragraph no later than 21 90 days after the effective date of this act. 22 Section 4. Subsection (29) of section 499.005, Florida 23 Statutes, is amended to read: 24 499.005 Prohibited acts.--It is unlawful for a person 25 to perform or cause the performance of any of the following 26 acts in this state: 27 (29) The receipt of a prescription drug pursuant to a 28 wholesale distribution without either first receiving a 29 pedigree paper that was attested to as accurate and complete 30 by the wholesale distributor or complying with the provisions 31 of s. 499.0121(6)(f)6. 3 6:02 PM 05/03/06 h037105e1c-02-tpl
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 371, 1st Eng. Barcode 422560 1 Section 5. Paragraph (f) of subsection (6) of section 2 499.0121, Florida Statutes, is amended to read: 3 499.0121 Storage and handling of prescription drugs; 4 recordkeeping.--The department shall adopt rules to implement 5 this section as necessary to protect the public health, 6 safety, and welfare. Such rules shall include, but not be 7 limited to, requirements for the storage and handling of 8 prescription drugs and for the establishment and maintenance 9 of prescription drug distribution records. 10 (6) RECORDKEEPING.--The department shall adopt rules 11 that require keeping such records of prescription drugs as are 12 necessary for the protection of the public health. 13 (f)1. Effective July 1, 2006, each person who is 14 engaged in the wholesale distribution of a prescription drug 15 and who is not the manufacturer of that drug must, before each 16 wholesale distribution of such drug, provide to the person who 17 receives the drug a pedigree paper as defined in s. 18 499.003(31). 19 2. A repackager must comply with this paragraph. 20 3. The pedigree paper requirements in this paragraph 21 do not apply to compressed medical gases or veterinary legend 22 drugs. 23 4. Each wholesale distributor of prescription drugs 24 must maintain separate and distinct from other required 25 records all statements that are required under subparagraph 1. 26 5. In order to verify compliance with subparagraph 27 (d)1., each manufacturer of a prescription drug sold in this 28 state must make available upon request distribution 29 documentation related to its sales of prescription drugs, 30 regardless of whether the prescription drug was sold directly 31 by the manufacturer to a person in Florida. 4 6:02 PM 05/03/06 h037105e1c-02-tpl
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 371, 1st Eng. Barcode 422560 1 6. Subparagraph 1. is satisfied when a wholesale 2 distributor takes title to, but not possession of, a 3 prescription drug and the prescription drug's manufacturer 4 ships the prescription drug directly to a person authorized by 5 law to purchase prescription drugs for the purpose of 6 administering or dispensing the drug, as defined in s. 7 465.003, or a member of an affiliated group, as described in 8 paragraph (h), with the exception of a repackager. 9 a. The wholesale distributor must deliver to the 10 recipient of the prescription drug, within 14 days after the 11 shipment notification from the manufacturer, an invoice and 12 the following sworn statement: "This wholesale distributor 13 purchased the specific unit of the prescription drug listed on 14 the invoice directly from the manufacturer, and the specific 15 unit of prescription drug was shipped by the manufacturer 16 directly to a person authorized by law to administer or 17 dispense the legend drug, as defined in s. 465.003, Florida 18 Statutes, or a member of an affiliated group, as described in 19 s. 499.0121(6)(h), Florida Statutes, with the exception of a 20 repackager." The invoice must contain a unique cross-reference 21 to the shipping document sent by the manufacturer to the 22 recipient of the prescription drug. 23 b. The manufacturer of the prescription drug shipped 24 directly to the recipient under this section must provide and 25 the recipient of the prescription drug must acquire, within 14 26 days after receipt of the prescription drug, a shipping 27 document from the manufacturer that contains, at a minimum: 28 (I) The name and address of the manufacturer, 29 including the point of origin of the shipment, and the names 30 and addresses of the wholesaler and the purchaser. 31 (II) The name of the prescription drug as it appears 5 6:02 PM 05/03/06 h037105e1c-02-tpl
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 371, 1st Eng. Barcode 422560 1 on the label. 2 (III) The quantity, dosage form, and strength of the 3 prescription drug. 4 (IV) The date of the shipment from the manufacturer. 5 c. The wholesale distributor must also maintain and 6 make available to the department, upon request, the lot number 7 of such drug if not contained in the shipping document 8 acquired by the recipient. 9 7. Failure of the manufacturer to provide, the 10 recipient to acquire, or the wholesale distributor to deliver, 11 the documentation required under subparagraph 6. shall 12 constitute failure to acquire or deliver a pedigree paper 13 under s. 499.0051. Forgery by the manufacturer, the recipient 14 or the wholesale distributor of the documentation required to 15 be acquired or delivered under subparagraph 6. shall 16 constitute forgery of a pedigree paper under s. 499.0051. 17 8. The department may, by rule, specify alternatives 18 to compliance with subparagraph 1. for a prescription drug in 19 the inventory of a permitted prescription drug wholesaler as 20 of June 30, 2006, and the return of a prescription drug 21 purchased prior to July 1, 2006. The department may specify 22 time limits for such alternatives. 23 24 (Redesignate subsequent sections.) 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 On line 26, after the semicolon, 30 31 insert: 6 6:02 PM 05/03/06 h037105e1c-02-tpl
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 371, 1st Eng. Barcode 422560 1 amending s. 499.003, F.S.; revising the 2 definition of the term "pedigree paper"; 3 authorizing the Department of Health to adopt 4 rules and forms relating to pedigree paper 5 requirements; amending s. 499.005, F.S.; 6 revising a prohibited acts provision relating 7 to pedigree papers; amending s. 499.0121, F.S.; 8 requiring certain wholesale distributors taking 9 title to a prescription drug to provide an 10 invoice to the recipient containing certain 11 information; requiring a recipient of a 12 prescription drug to acquire from the 13 manufacturer a shipping document containing 14 specified information; requiring wholesale 15 distributor to make certain information 16 available to the department; providing for 17 penalties; authorizing the department to adopt 18 certain rules relating to the inventory and 19 return of certain prescription drugs; 20 21 22 23 24 25 26 27 28 29 30 31 7 6:02 PM 05/03/06 h037105e1c-02-tpl