1 | A bill to be entitled |
2 | An act relating to prescription drugs; creating s. |
3 | 499.029, F.S.; providing a short title; creating the |
4 | Cancer Drug Donation Program; providing a purpose; |
5 | providing definitions; providing conditions for the |
6 | donation of cancer drugs and supplies to the program; |
7 | providing conditions for the acceptance of cancer drugs |
8 | and supplies into the program, inspection of cancer drugs |
9 | and supplies, and dispensing of cancer drugs and supplies |
10 | to eligible patients; requiring a participant facility |
11 | that accepts donated drugs and supplies through the |
12 | program to comply with certain state and federal laws; |
13 | authorizing a participant facility to charge fees under |
14 | certain conditions; requiring the Department of Health, |
15 | upon recommendation of the Board of Pharmacy, to adopt |
16 | certain rules; providing for the ineligibility of certain |
17 | persons to receive donated drugs; requiring the department |
18 | to establish and maintain a participant facility registry; |
19 | providing for the contents and availability of the |
20 | participant facility registry; providing immunity from |
21 | civil and criminal liability for donors or pharmaceutical |
22 | manufacturers in certain circumstances; providing that in |
23 | the event of conflict between the provisions in s. |
24 | 499.029, F.S., and provisions in ch. 465 or ch. 499, F.S., |
25 | the provisions in s. 499.029, F.S., shall control; |
26 | providing an appropriation; amending s. 499.003, F.S.; |
27 | revising the definition of the term "pedigree paper"; |
28 | authorizing the Department of Health to adopt rules and |
29 | forms relating to pedigree paper requirements; amending s. |
30 | 499.005, F.S.; revising a prohibited acts provision |
31 | relating to pedigree papers; amending s. 499.0121, F.S.; |
32 | requiring certain wholesale distributors taking title to a |
33 | prescription drug to provide an invoice to the recipient |
34 | containing certain information; requiring a recipient of a |
35 | prescription drug to acquire from the manufacturer a |
36 | shipping document containing specified information; |
37 | requiring wholesale distributor to make certain |
38 | information available to the department; providing for |
39 | penalties; authorizing the department to adopt certain |
40 | rules relating to the inventory and return of certain |
41 | prescription drugs; providing an effective date. |
42 |
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43 | Be It Enacted by the Legislature of the State of Florida: |
44 |
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45 | Section 1. Section 499.029, Florida Statutes, is created |
46 | to read: |
47 | 499.029 Cancer Drug Donation Program.-- |
48 | (1) This section may be cited as the "Cancer Drug Donation |
49 | Program Act." |
50 | (2) There is created a Cancer Drug Donation Program within |
51 | the Department of Health for the purpose of authorizing and |
52 | facilitating the donation of cancer drugs and supplies to |
53 | eligible patients. |
54 | (3) As used in this section: |
55 | (a) "Cancer drug" means a prescription drug that has been |
56 | approved under s. 505 of the federal Food, Drug, and Cosmetic |
57 | Act and is used to treat cancer or its side effects or is used |
58 | to treat the side effects of a prescription drug used to treat |
59 | cancer or its side effects. "Cancer drug" does not include a |
60 | substance listed in Schedule II, Schedule III, Schedule IV, or |
61 | Schedule V of s. 893.03. |
62 | (b) "Closed drug delivery system" means a system in which |
63 | the actual control of the unit-dose medication package is |
64 | maintained by the facility rather than by the individual |
65 | patient. |
66 | (c) "Department" means the Department of Health. |
67 | (d) "Donor" means a patient or patient representative who |
68 | donates cancer drugs or supplies needed to administer cancer |
69 | drugs that have been maintained within a closed drug delivery |
70 | system; health care facilities, nursing homes, hospices, or |
71 | hospitals with closed drug delivery systems; or pharmacies, drug |
72 | manufacturers, medical device manufacturers or suppliers, or |
73 | wholesalers of drugs or supplies, in accordance with this |
74 | section. "Donor" includes a physician licensed under chapter 458 |
75 | or chapter 459 who receives cancer drugs or supplies directly |
76 | from a drug manufacturer, drug wholesaler, or pharmacy. |
77 | (e) "Eligible patient" means a person who the department |
78 | determines is eligible to receive cancer drugs from the program. |
79 | (f) "Health care facility" means a health care facility |
80 | licensed under chapter 395. |
81 | (g) "Health care clinic" means a health care clinic |
82 | licensed under part XIII of chapter 400. |
83 | (h) "Hospice" means a corporation licensed under part VI |
84 | of chapter 400. |
85 | (i) "Hospital" means a facility as defined in s. 395.002 |
86 | and licensed under chapter 395. |
87 | (j) "Nursing home" means a facility licensed under part II |
88 | of chapter 400. |
89 | (k) "Participant facility" means a class II hospital |
90 | pharmacy that has elected to participate in the program and that |
91 | accepts donated cancer drugs and supplies under the rules |
92 | adopted by the department for the program. |
93 | (l) "Pharmacist" means a person licensed under chapter |
94 | 465. |
95 | (m) "Pharmacy" means an entity licensed under chapter 465. |
96 | (n) "Prescribing practitioner" means a physician licensed |
97 | under chapter 458 or any other medical professional with |
98 | authority under state law to prescribe cancer medication. |
99 | (o) "Prescription drug" means a drug as defined in s. |
100 | 465.003(8). |
101 | (p) "Program" means the Cancer Drug Donation Program |
102 | created by this section. |
103 | (q) "Supplies" means any supplies used in the |
104 | administration of a cancer drug. |
105 | (4) Any donor may donate cancer drugs or supplies to a |
106 | participant facility that elects to participate in the program |
107 | and meets criteria established by the department for such |
108 | participation. Cancer drugs or supplies may not be donated to a |
109 | specific cancer patient, and donated drugs or supplies may not |
110 | be resold by the program. Cancer drugs billed to and paid for by |
111 | Medicaid in long-term care facilities that are eligible for |
112 | return to stock under federal Medicaid regulations shall be |
113 | credited to Medicaid and are not eligible for donation under the |
114 | program. A participant facility may provide dispensing and |
115 | consulting services to individuals who are not patients of the |
116 | hospital. |
117 | (5) The cancer drugs or supplies donated to the program |
118 | may be prescribed only by a prescribing practitioner for use by |
119 | an eligible patient and may be dispensed only by a pharmacist. |
120 | (6)(a) A cancer drug may only be accepted or dispensed |
121 | under the program if the drug is in its original, unopened, |
122 | sealed container, or in a tamper-evident unit-dose packaging, |
123 | except that a cancer drug packaged in single-unit doses may be |
124 | accepted and dispensed if the outside packaging is opened but |
125 | the single-unit-dose packaging is unopened with tamper-resistant |
126 | packaging intact. |
127 | (b) A cancer drug may not be accepted or dispensed under |
128 | the program if the drug bears an expiration date that is less |
129 | than 6 months after the date the drug was donated or if the drug |
130 | appears to have been tampered with or mislabeled as determined |
131 | in paragraph (c). |
132 | (c) Prior to being dispensed to an eligible patient, the |
133 | cancer drug or supplies donated under the program shall be |
134 | inspected by a pharmacist to determine that the drug and |
135 | supplies do not appear to have been tampered with or mislabeled. |
136 | (d) A dispenser of donated cancer drugs or supplies may |
137 | not submit a claim or otherwise seek reimbursement from any |
138 | public or private third-party payor for donated cancer drugs or |
139 | supplies dispensed to any patient under the program, and a |
140 | public or private third-party payor is not required to provide |
141 | reimbursement to a dispenser for donated cancer drugs or |
142 | supplies dispensed to any patient under the program. |
143 | (7)(a) A donation of cancer drugs or supplies shall be |
144 | made only at a participant facility. A participant facility may |
145 | decline to accept a donation. A participant facility that |
146 | accepts donated cancer drugs or supplies under the program shall |
147 | comply with all applicable provisions of state and federal law |
148 | relating to the storage and dispensing of the donated cancer |
149 | drugs or supplies. |
150 | (b) A participant facility that voluntarily takes part in |
151 | the program may charge a handling fee sufficient to cover the |
152 | cost of preparation and dispensing of cancer drugs or supplies |
153 | under the program. The fee shall be established in rules adopted |
154 | by the department. |
155 | (8) The department, upon the recommendation of the Board |
156 | of Pharmacy, shall adopt rules to carry out the provisions of |
157 | this section. Initial rules under this section shall be adopted |
158 | no later than 90 days after the effective date of this act. The |
159 | rules shall include, but not be limited to: |
160 | (a) Eligibility criteria, including a method to determine |
161 | priority of eligible patients under the program. |
162 | (b) Standards and procedures for participant facilities |
163 | that accept, store, distribute, or dispense donated cancer drugs |
164 | or supplies. |
165 | (c) Necessary forms for administration of the program, |
166 | including, but not limited to, forms for use by entities that |
167 | donate, accept, distribute, or dispense cancer drugs or supplies |
168 | under the program. |
169 | (d) The maximum handling fee that may be charged by a |
170 | participant facility that accepts and distributes or dispenses |
171 | donated cancer drugs or supplies. |
172 | (e) Categories of cancer drugs and supplies that the |
173 | program will accept for dispensing; however, the department may |
174 | exclude any drug based on its therapeutic effectiveness or high |
175 | potential for abuse or diversion. |
176 | (f) Maintenance and distribution of the participant |
177 | facility registry established in subsection (10). |
178 | (9) A person who is eligible to receive cancer drugs or |
179 | supplies under the state Medicaid program or under any other |
180 | prescription drug program funded in whole or in part by the |
181 | state, by any other prescription drug program funded in whole or |
182 | in part by the Federal Government, or by any other prescription |
183 | drug program offered by a third-party insurer, unless benefits |
184 | have been exhausted, or a certain cancer drug or supply is not |
185 | covered by the prescription drug program, is ineligible to |
186 | participate in the program created under this section. |
187 | (10) The department shall establish and maintain a |
188 | participant facility registry for the program. The participant |
189 | facility registry shall include the participant facility's name, |
190 | address, and telephone number. The department shall make the |
191 | participant facility registry available on the department's |
192 | website to any donor wishing to donate cancer drugs or supplies |
193 | to the program. The department's website shall also contain |
194 | links to cancer drug manufacturers that offer drug assistance |
195 | programs or free medication. |
196 | (11) Any donor of cancer drugs or supplies, or any |
197 | participant in the program, who exercises reasonable care in |
198 | donating, accepting, distributing, or dispensing cancer drugs or |
199 | supplies under the program and the rules adopted under this |
200 | section shall be immune from civil or criminal liability and |
201 | from professional disciplinary action of any kind for any |
202 | injury, death, or loss to person or property relating to such |
203 | activities. |
204 | (12) A pharmaceutical manufacturer is not liable for any |
205 | claim or injury arising from the transfer of any cancer drug |
206 | under this section, including, but not limited to, liability for |
207 | failure to transfer or communicate product or consumer |
208 | information regarding the transferred drug, as well as the |
209 | expiration date of the transferred drug. |
210 | (13) If any conflict exists between the provisions in this |
211 | section and the provisions in this chapter or chapter 465, the |
212 | provisions in this section shall control the operation of the |
213 | Cancer Drug Donation Program. |
214 | Section 2. There is hereby appropriated one full-time |
215 | equivalent position at salary rate 42,715 and recurring funding |
216 | from the Florida Drug, Device, and Cosmetic Trust Fund pursuant |
217 | to s. 499.057, Florida Statutes, in the sum of $65,308 for |
218 | fiscal year 2006-2007, for the purpose of implementing the |
219 | Cancer Drug Donation Program under s. 499.029, Florida Statutes, |
220 | as created by this act. |
221 | Section 3. Subsection (31) of section 499.003, Florida |
222 | Statutes, is amended to read: |
223 | 499.003 Definitions of terms used in ss. 499.001- |
224 | 499.081.--As used in ss. 499.001-499.081, the term: |
225 | (31) "Pedigree paper" means: |
226 | (a) A document required pursuant to s. 499.0121(6)(d) or |
227 | (e); or |
228 | (b)1. Effective July 1, 2006, a document or electronic |
229 | form approved by the Department of Health and containing |
230 | information that records each distribution of any given legend |
231 | drug, from sale by a pharmaceutical manufacturer, through |
232 | acquisition and sale by any wholesaler or repackager, until |
233 | final sale to a pharmacy or other person administering or |
234 | dispensing the drug. The information required to be included on |
235 | the form approved by the department pursuant to this |
236 | subparagraph a legend drug's pedigree paper must at least detail |
237 | the amount of the legend drug; its dosage form and strength; its |
238 | lot numbers; the name and address of each owner of the legend |
239 | drug and his or her signature; its shipping information, |
240 | including the name and address of each person certifying |
241 | delivery or receipt of the legend drug; an invoice number, a |
242 | shipping document number, or another number uniquely identifying |
243 | the transaction; and a certification that the recipient |
244 | wholesaler has authenticated the pedigree papers. If the |
245 | manufacturer or repackager has uniquely serialized the |
246 | individual legend drug unit, that identifier must also be |
247 | included on the form approved pursuant to this subparagraph |
248 | pedigree. It must also include the name, address, telephone |
249 | number and, if available, e-mail contact information of each |
250 | wholesaler involved in the chain of the legend drug's custody; |
251 | or |
252 | 2. A statement, under oath, in written or electronic |
253 | form, confirming that a wholesale distributor purchases and |
254 | receives the specific unit of the prescription drug directly |
255 | from the manufacturer of the prescription drug and distributes |
256 | the prescription drug directly, or through an intracompany |
257 | transfer, to a chain pharmacy warehouse or a person authorized |
258 | by law to purchase prescription drugs for the purpose of |
259 | administering or dispensing the drug, as defined in s. 465.003. |
260 | For purposes of this paragraph, the term "chain pharmacy |
261 | warehouse" means a wholesale distributor permitted pursuant to |
262 | s. 499.01 that maintains a physical location for prescription |
263 | drugs that functions solely as a central warehouse to perform |
264 | intracompany transfers of such drugs to a member of its |
265 | affiliated group as described in s. 499.0121(6)(h)1. |
266 | a. The information required to be included pursuant to |
267 | this subparagraph must include: |
268 | (I) The following statement: "This wholesale distributor |
269 | purchased the specific unit of the prescription drug directly |
270 | from the manufacturer." |
271 | (II) The manufacturers' national drug code identifier and |
272 | the name and address of the wholesaler and the purchaser of the |
273 | prescription drug. |
274 | (III) The name of the prescription drug as it appears on |
275 | the label. |
276 | (IV) The quantity, dosage form, and strength of the |
277 | prescription drug. |
278 | b. The wholesale distributor must also maintain and make |
279 | available to the department, upon request, the point of origin |
280 | of the prescription drugs, including intracompany transfers; the |
281 | date of the shipment from the manufacturer to the wholesale |
282 | distributor; the lot numbers of such drugs; and the invoice |
283 | numbers from the manufacturer. |
284 |
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285 | The department may shall adopt rules and forms a form relating |
286 | to the requirements of this subsection paragraph no later than |
287 | 90 days after the effective date of this act. |
288 | Section 4. Subsection (29) of section 499.005, Florida |
289 | Statutes, is amended to read: |
290 | 499.005 Prohibited acts.--It is unlawful for a person to |
291 | perform or cause the performance of any of the following acts in |
292 | this state: |
293 | (29) The receipt of a prescription drug pursuant to a |
294 | wholesale distribution without either first receiving a pedigree |
295 | paper that was attested to as accurate and complete by the |
296 | wholesale distributor or complying with the provisions of s. |
297 | 499.0121(6)(f)6. |
298 | Section 5. Paragraph (f) of subsection (6) of section |
299 | 499.0121, Florida Statutes, is amended to read: |
300 | 499.0121 Storage and handling of prescription drugs; |
301 | recordkeeping.--The department shall adopt rules to implement |
302 | this section as necessary to protect the public health, safety, |
303 | and welfare. Such rules shall include, but not be limited to, |
304 | requirements for the storage and handling of prescription drugs |
305 | and for the establishment and maintenance of prescription drug |
306 | distribution records. |
307 | (6) RECORDKEEPING.--The department shall adopt rules that |
308 | require keeping such records of prescription drugs as are |
309 | necessary for the protection of the public health. |
310 | (f)1. Effective July 1, 2006, each person who is engaged |
311 | in the wholesale distribution of a prescription drug and who is |
312 | not the manufacturer of that drug must, before each wholesale |
313 | distribution of such drug, provide to the person who receives |
314 | the drug a pedigree paper as defined in s. 499.003(31). |
315 | 2. A repackager must comply with this paragraph. |
316 | 3. The pedigree paper requirements in this paragraph do |
317 | not apply to compressed medical gases or veterinary legend |
318 | drugs. |
319 | 4. Each wholesale distributor of prescription drugs must |
320 | maintain separate and distinct from other required records all |
321 | statements that are required under subparagraph 1. |
322 | 5. In order to verify compliance with subparagraph (d)1., |
323 | each manufacturer of a prescription drug sold in this state must |
324 | make available upon request distribution documentation related |
325 | to its sales of prescription drugs, regardless of whether the |
326 | prescription drug was sold directly by the manufacturer to a |
327 | person in Florida. |
328 | 6. Subparagraph 1. is satisfied when a wholesale |
329 | distributor takes title to, but not possession of, a |
330 | prescription drug and the prescription drug's manufacturer ships |
331 | the prescription drug directly to a person authorized by law to |
332 | purchase prescription drugs for the purpose of administering or |
333 | dispensing the drug, as defined in s. 465.003, or a member of an |
334 | affiliated group, as described in paragraph (h), with the |
335 | exception of a repackager. |
336 | a. The wholesale distributor must deliver to the recipient |
337 | of the prescription drug, within 14 days after the shipment |
338 | notification from the manufacturer, an invoice and the following |
339 | sworn statement: "This wholesale distributor purchased the |
340 | specific unit of the prescription drug listed on the invoice |
341 | directly from the manufacturer, and the specific unit of |
342 | prescription drug was shipped by the manufacturer directly to a |
343 | person authorized by law to administer or dispense the legend |
344 | drug, as defined in s. 465.003, Florida Statutes, or a member of |
345 | an affiliated group, as described in s. 499.0121(6)(h), Florida |
346 | Statutes, with the exception of a repackager." The invoice must |
347 | contain a unique cross-reference to the shipping document sent |
348 | by the manufacturer to the recipient of the prescription drug. |
349 | b. The manufacturer of the prescription drug shipped |
350 | directly to the recipient under this section must provide and |
351 | the recipient of the prescription drug must acquire, within 14 |
352 | days after receipt of the prescription drug, a shipping document |
353 | from the manufacturer that contains, at a minimum: |
354 | (I) The name and address of the manufacturer, including |
355 | the point of origin of the shipment, and the names and addresses |
356 | of the wholesaler and the purchaser. |
357 | (II) The name of the prescription drug as it appears on |
358 | the label. |
359 | (III) The quantity, dosage form, and strength of the |
360 | prescription drug. |
361 | (IV) The date of the shipment from the manufacturer. |
362 | c. The wholesale distributor must also maintain and make |
363 | available to the department, upon request, the lot number of |
364 | such drug if not contained in the shipping document acquired by |
365 | the recipient. |
366 | 7. Failure of the manufacturer to provide, the recipient |
367 | to acquire, or the wholesale distributor to deliver, the |
368 | documentation required under subparagraph 6. shall constitute |
369 | failure to acquire or deliver a pedigree paper under s. |
370 | 499.0051. Forgery by the manufacturer, the recipient or the |
371 | wholesale distributor of the documentation required to be |
372 | acquired or delivered under subparagraph 6. shall constitute |
373 | forgery of a pedigree paper under s. 499.0051. |
374 | 8. The department may, by rule, specify alternatives to |
375 | compliance with subparagraph 1. for a prescription drug in the |
376 | inventory of a permitted prescription drug wholesaler as of June |
377 | 30, 2006, and the return of a prescription drug purchased prior |
378 | to July 1, 2006. The department may specify time limits for such |
379 | alternatives. |
380 | Section 6. This act shall take effect July 1, 2006. |