| 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 |
|
| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
|
| 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 |
|
| 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. |