1 | The Health Care Regulation Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to veterinary drug distribution; amending |
7 | s. 499.006, F.S.; providing that a drug is adulterated if |
8 | it is a certain prescription drug that has been returned |
9 | by a veterinarian to a limited prescription drug |
10 | veterinary wholesaler; amending s. 499.01, F.S.; requiring |
11 | a limited prescription drug veterinary wholesaler to |
12 | obtain a permit for operation from the Department of |
13 | Health; providing that a permit for a limited prescription |
14 | drug veterinary wholesaler may not be issued to the |
15 | address of certain health care entities; amending s. |
16 | 499.012, F.S.; revising permit requirements for a |
17 | veterinary prescription drug wholesaler that distributes |
18 | prescription drugs; establishing a permit for a limited |
19 | prescription drug veterinary wholesaler; providing |
20 | requirements; providing an exception; amending s. |
21 | 499.0122, F.S.; redefining the term "veterinary legend |
22 | drug retail establishment"; amending s. 499.041, F.S.; |
23 | requiring the department to assess an annual fee within a |
24 | certain monetary range for a limited prescription drug |
25 | veterinary wholesaler permit; amending s. 499.065, F.S.; |
26 | requiring the department to inspect each limited |
27 | prescription drug veterinary wholesaler establishment; |
28 | authorizing the department to determine that a limited |
29 | prescription drug veterinary wholesaler establishment is |
30 | an imminent danger to the public; providing an effective |
31 | date. |
32 |
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33 | Be It Enacted by the Legislature of the State of Florida: |
34 |
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35 | Section 1. Section 499.006, Florida Statutes, is amended |
36 | to read: |
37 | 499.006 Adulterated drug or device.--A drug or device is |
38 | adulterated: |
39 | (1) If it consists in whole or in part of any filthy, |
40 | putrid, or decomposed substance; |
41 | (2) If it has been produced, prepared, packed, or held |
42 | under conditions whereby it could have been contaminated with |
43 | filth or rendered injurious to health; |
44 | (3) If it is a drug and the methods used in, or the |
45 | facilities or controls used for, its manufacture, processing, |
46 | packing, or holding do not conform to, or are not operated or |
47 | administered in conformity with, current good manufacturing |
48 | practices to assure that the drug meets the requirements of ss. |
49 | 499.001-499.081 and that the drug has the identity and strength, |
50 | and meets the standard of quality and purity, which it purports |
51 | or is represented to possess; |
52 | (4) If it is a drug and its container is composed, in |
53 | whole or in part, of any poisonous or deleterious substance |
54 | which could render the contents injurious to health; |
55 | (5) If it is a drug and it bears or contains, for the |
56 | purpose of coloring only, a color additive that is unsafe within |
57 | the meaning of the federal act; or, if it is a color additive, |
58 | the intended use of which in or on drugs is for the purpose of |
59 | coloring only, and it is unsafe within the meaning of the |
60 | federal act; |
61 | (6) If it purports to be, or is represented as, a drug the |
62 | name of which is recognized in the official compendium, and its |
63 | strength differs from, or its quality or purity falls below, the |
64 | standard set forth in such compendium. The determination as to |
65 | strength, quality, or purity must be made in accordance with the |
66 | tests or methods of assay set forth in such compendium, or, when |
67 | such tests or methods of assay are absent or inadequate, in |
68 | accordance with those tests or methods of assay prescribed under |
69 | authority of the federal act. A drug defined in the official |
70 | compendium is not adulterated under this subsection merely |
71 | because it differs from the standard of strength, quality, or |
72 | purity set forth for that drug in such compendium if its |
73 | difference in strength, quality, or purity from such standard is |
74 | plainly stated on its label; |
75 | (7) If it is not subject to subsection (6) and its |
76 | strength differs from, or its purity or quality falls below the |
77 | standard of, that which it purports or is represented to |
78 | possess; |
79 | (8) If it is a drug: |
80 | (a) With which any substance has been mixed or packed so |
81 | as to reduce the quality or strength of the drug; or |
82 | (b) For which any substance has been substituted wholly or |
83 | in part; |
84 | (9) If it is a drug or device for which the expiration |
85 | date has passed; or |
86 | (10) If it is a legend drug for which the required |
87 | pedigree paper is nonexistent, fraudulent, or incomplete under |
88 | the requirements of ss. 499.001-499.081 or applicable rules, or |
89 | that has been purchased, held, sold, or distributed at any time |
90 | by a person not authorized under federal or state law to do so; |
91 | or. |
92 | (11) If it is a prescription drug subject to, defined by, |
93 | or described by s. 503(b) of the Federal Food, Drug, and |
94 | Cosmetic Act which has been returned by a veterinarian to a |
95 | limited prescription drug veterinary wholesaler. |
96 | Section 2. Subsection (1) and paragraph (d) of subsection |
97 | (2) of section 499.01, Florida Statutes, are amended to read: |
98 | 499.01 Permits; applications; renewal; general |
99 | requirements.-- |
100 | (1) Prior to operating, a permit is required for each |
101 | person and establishment that intends to operate as: |
102 | (a) A prescription drug manufacturer; |
103 | (b) A prescription drug repackager; |
104 | (c) An over-the-counter drug manufacturer; |
105 | (d) A compressed medical gas manufacturer; |
106 | (e) A device manufacturer; |
107 | (f) A cosmetic manufacturer; |
108 | (g) A prescription drug wholesaler; |
109 | (h) A veterinary prescription drug wholesaler; |
110 | (i) A compressed medical gas wholesaler; |
111 | (j) An out-of-state prescription drug wholesaler; |
112 | (k) A nonresident prescription drug manufacturer; |
113 | (l) A freight forwarder; |
114 | (m) A retail pharmacy drug wholesaler; |
115 | (n) A veterinary legend drug retail establishment; |
116 | (o) A medical oxygen retail establishment; |
117 | (p) A complimentary drug distributor; or |
118 | (q) A restricted prescription drug distributor; or. |
119 | (r) A limited prescription drug veterinary wholesaler. |
120 | (2) |
121 | (d) A permit for a prescription drug manufacturer, |
122 | prescription drug repackager, prescription drug wholesaler, |
123 | limited prescription drug veterinary wholesaler, or retail |
124 | pharmacy wholesaler may not be issued to the address of a health |
125 | care entity or to a pharmacy licensed under chapter 465, except |
126 | as provided in this paragraph. The department may issue a |
127 | prescription drug manufacturer permit to an applicant at the |
128 | same address as a licensed nuclear pharmacy, which is a health |
129 | care entity, for the purpose of manufacturing prescription drugs |
130 | used in positron emission tomography or other |
131 | radiopharmaceuticals, as listed in a rule adopted by the |
132 | department pursuant to this paragraph. The purpose of this |
133 | exemption is to assure availability of state-of-the-art |
134 | pharmaceuticals that would pose a significant danger to the |
135 | public health if manufactured at a separate establishment |
136 | address from the nuclear pharmacy from which the prescription |
137 | drugs are dispensed. The department may also issue a retail |
138 | pharmacy wholesaler permit to the address of a community |
139 | pharmacy licensed under chapter 465 which does not meet the |
140 | definition of a closed pharmacy in s. 499.003. |
141 | Section 3. Paragraph (g) of subsection (2) of section |
142 | 499.012, Florida Statutes, is amended, and paragraph (h) is |
143 | added to that subsection, to read: |
144 | 499.012 Wholesale distribution; definitions; permits; |
145 | applications; general requirements.-- |
146 | (2) The following types of wholesaler permits are |
147 | established: |
148 | (g) A veterinary prescription drug wholesaler permit.--A |
149 | veterinary prescription drug wholesaler permit is required for |
150 | any person that engages in the distribution of veterinary |
151 | prescription drugs in or into this state. A veterinary |
152 | prescription drug wholesaler that also distributes prescription |
153 | drugs subject to, defined by, or described by s. 503(b) of the |
154 | Federal Food, Drug, and Cosmetic Act which it did not |
155 | manufacture must obtain a permit as a prescription drug |
156 | wholesaler, an or out-of-state prescription drug wholesaler, or |
157 | a limited prescription drug veterinary wholesaler in lieu of the |
158 | veterinary prescription drug wholesaler permit. A veterinary |
159 | prescription drug wholesaler must comply with the requirements |
160 | for wholesale distributors under s. 499.0121, except those set |
161 | forth in s. 499.0121(6)(d), (e), or (f). |
162 | (h) Limited prescription drug veterinary wholesaler |
163 | permit.--Unless engaging in the activities of and permitted as a |
164 | prescription drug manufacturer, nonresident prescription drug |
165 | manufacturer, prescription drug wholesaler, or out-of-state |
166 | prescription drug wholesaler, a limited prescription drug |
167 | veterinary wholesaler permit is required for any person that |
168 | engages in the distribution in or into this state of veterinary |
169 | prescription drugs and prescription drugs subject to, defined |
170 | by, or described by s. 503(b) of the Federal Food, Drug, and |
171 | Cosmetic Act to veterinarians under the following conditions: |
172 | 1. The person is engaged in the business of wholesaling |
173 | prescription and veterinary legend drugs to persons: |
174 | a. Licensed as veterinarians practicing on a full-time |
175 | basis; |
176 | b. Regularly and lawfully engaged in instruction in |
177 | veterinary medicine; |
178 | c. Regularly and lawfully engaged in law enforcement; |
179 | d. For use in research, not involving clinical use; or |
180 | e. For use in chemical analysis or physical testing, for |
181 | the purposes of instruction in law enforcement, research, or |
182 | testing. |
183 | 2. No more than 30 percent of prescription drug sales may |
184 | be prescription drugs approved for human use which are subject |
185 | to, defined by, or described by s. 503(b) of the Federal Food, |
186 | Drug, and Cosmetic Act. |
187 | 3. The person is not permitted, licensed, or otherwise |
188 | authorized in any state to wholesale prescription drugs subject |
189 | to, defined by, or described by s. 503(b) of the Federal Food, |
190 | Drug, and Cosmetic Act to any person who is authorized to sell, |
191 | distribute, purchase, trade, or use these drugs on or for |
192 | humans. |
193 | 4. A limited prescription drug veterinary wholesaler that |
194 | applies to the department for a new permit or the renewal of a |
195 | permit must submit a bond of $20,000, or other equivalent means |
196 | of security acceptable to the department, such as an irrevocable |
197 | letter of credit or a deposit in a trust account or financial |
198 | institution, payable to the Florida Drug, Device, and Cosmetic |
199 | Trust Fund. The purpose of the bond is to secure payment of any |
200 | administrative penalties imposed by the department and any fees |
201 | and costs incurred by the department regarding that permit which |
202 | are authorized under state law and which the permittee fails to |
203 | pay 30 days after the fine or costs become final. The department |
204 | may make a claim against such bond or security until 1 year |
205 | after the permittee's license ceases to be valid or until 60 |
206 | days after any administrative or legal proceeding authorized in |
207 | ss. 499.001-499.081 which involves the permittee is concluded, |
208 | including any appeal, whichever occurs later. |
209 | 5. A limited prescription drug veterinary wholesaler must |
210 | maintain at all times a license or permit to engage in the |
211 | wholesale distribution of prescription drugs in compliance with |
212 | laws of the state in which it is a resident. |
213 | 6. A limited prescription drug veterinary wholesaler must |
214 | comply with the requirements for wholesale distributors under s. |
215 | 499.0121, except that a limited prescription drug veterinary |
216 | wholesaler is not required to provide a pedigree paper as |
217 | required by s. 499.0121(6)(f) upon the wholesale distribution of |
218 | a prescription drug to a veterinarian. |
219 | 7. A limited prescription drug veterinary wholesaler may |
220 | not return to inventory for subsequent wholesale distribution |
221 | any prescription drug subject to, defined by, or described by s. |
222 | 503(b) of the Federal Food, Drug, and Cosmetic Act which has |
223 | been returned by a veterinarian. |
224 | 8. An out-of-state prescription drug wholesaler's permit |
225 | or a limited prescription drug veterinary wholesaler permit is |
226 | not required for an intracompany sale or transfer of a |
227 | prescription drug from an out-of-state establishment that is |
228 | duly licensed to engage in the wholesale distribution of |
229 | prescription drugs in its state of residence to a licensed |
230 | limited prescription drug veterinary wholesaler in this state if |
231 | both wholesalers conduct wholesale distributions of prescription |
232 | drugs under the same business name. The recordkeeping |
233 | requirements of s. 499.0121(6) must be followed for this |
234 | transaction. |
235 | Section 4. Paragraph (d) of subsection (1) of section |
236 | 499.0122, Florida Statutes, is amended to read: |
237 | 499.0122 Medical oxygen and veterinary legend drug retail |
238 | establishments; definitions, permits, general requirements.-- |
239 | (1) As used in this section, the term: |
240 | (d) "Veterinary legend drug retail establishment" means a |
241 | person permitted to sell veterinary legend drugs to the public |
242 | or to veterinarians, but does not include a pharmacy licensed |
243 | under chapter 465. |
244 | 1. The sale to the public must be based on a valid written |
245 | order from a veterinarian licensed in this state who has a valid |
246 | client-veterinarian relationship with the purchaser's animal. |
247 | 2. Veterinary legend drugs may not be sold in excess of |
248 | the amount clearly indicated on the order or beyond the date |
249 | indicated on the order. |
250 | 3. An order may not be valid for more than 1 year. |
251 | 4. A veterinary legend drug retail establishment may not |
252 | purchase, sell, trade, or possess human prescription drugs or |
253 | any controlled substance as defined in chapter 893. |
254 | 5. A veterinary legend drug retail establishment must sell |
255 | a veterinary legend drug in the original, sealed manufacturer's |
256 | container with all labeling intact and legible. The department |
257 | may adopt by rule additional labeling requirements for the sale |
258 | of a veterinary legend drug. |
259 | Section 5. Paragraph (h) is added to subsection (2) of |
260 | section 499.041, Florida Statutes, to read: |
261 | 499.041 Schedule of fees for drug, device, and cosmetic |
262 | applications and permits, product registrations, and free-sale |
263 | certificates.-- |
264 | (2) The department shall assess an applicant that is |
265 | required to have a wholesaling permit an annual fee within the |
266 | ranges established in this section for the specific type of |
267 | wholesaling. |
268 | (h) The fee for a limited prescription drug veterinary |
269 | wholesaler's permit may not be less than $300 or more than $500 |
270 | annually. |
271 | Section 6. Subsections (1) and (3) of section 499.065, |
272 | Florida Statutes, are amended to read: |
273 | 499.065 Imminent danger.-- |
274 | (1) Notwithstanding s. 499.051, the department shall |
275 | inspect each prescription drug wholesale establishment, |
276 | prescription drug repackager establishment, veterinary |
277 | prescription drug wholesale establishment, limited prescription |
278 | drug veterinary wholesaler establishment, and retail pharmacy |
279 | drug wholesaler establishment that is required to be permitted |
280 | under this chapter as often as necessary to ensure compliance |
281 | with applicable laws and rules. The department shall have the |
282 | right of entry and access to these facilities at any reasonable |
283 | time. |
284 | (3) The department may determine that a prescription drug |
285 | wholesale establishment, prescription drug repackager |
286 | establishment, veterinary prescription drug wholesale |
287 | establishment, limited prescription drug veterinary wholesaler |
288 | establishment, or retail pharmacy drug wholesaler establishment |
289 | that is required to be permitted under this chapter is an |
290 | imminent danger to the public health and shall require its |
291 | immediate closure if the establishment fails to comply with |
292 | applicable laws and rules and, because of the failure, presents |
293 | an imminent threat to the public's health, safety, or welfare. |
294 | Any establishment so deemed and closed shall remain closed until |
295 | allowed by the department or by judicial order to reopen. |
296 |
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297 | For purposes of this section, a refusal to allow entry to the |
298 | department for inspection at reasonable times, or a failure or |
299 | refusal to provide the department with required documentation |
300 | for purposes of inspection, constitutes an imminent danger to |
301 | the public health. |
302 | Section 7. This act shall take effect July 1, 2006. |