Senate Bill sb0706

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                   SB 706

    By Senator Fasano





    11-677-06                                           See HB 311

  1                      A bill to be entitled

  2         An act relating to vaccine production

  3         facilities; providing incentives for vaccine

  4         production facilities to produce certain

  5         vaccines; exempting certain business entities

  6         from liability under certain circumstances;

  7         establishing a loan and loan guarantee program;

  8         requiring the Department of Health to purchase

  9         a portion of vaccines produced in the state for

10         a specified period of time; providing an

11         effective date.

12  

13         WHEREAS, the adequacy of our country's supply of

14  vaccines has been called into question because of the growing

15  demand for the influenza vaccine and other vaccines in

16  response to the exhortations of public health officials, and

17         WHEREAS, this growing demand for vaccines has increased

18  the pressure on the nation's domestic suppliers and created

19  the potential for a major public health crisis, and

20         WHEREAS, the issue of the inadequacy of vaccine

21  supplies to meet the needs of our citizens, and particularly

22  to protect the public against influenza, which kills some

23  36,000 Americans each year, has now advanced to the forefront

24  of the public health agenda, and

25         WHEREAS, urgent action is needed to augment the limited

26  domestic vaccine supply, especially the supply of influenza

27  vaccine, in order to protect the health of the American

28  public, not only those individuals who are most at risk from

29  vaccine-preventable diseases but also the rest of the

30  population as well, and

31  

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    Florida Senate - 2006                                   SB 706
    11-677-06                                           See HB 311




 1         WHEREAS, given the impediment to the increased

 2  production of vaccines created by the regulatory requirements

 3  imposed by the United States Food and Drug Administration, the

 4  state should offer financial incentives to pharmaceutical

 5  manufacturers to increase the production of vaccines and

 6  thereby ensure their availability in quantities that are

 7  adequate to protect the most vulnerable individuals in the

 8  state and to permit the rest of the citizens of the state who

 9  wish to be vaccinated to receive this protection as well, NOW,

10  THEREFORE,

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Vaccine production facilities; incentives

15  for vaccine production; liability; loan program.--

16         (1)  The Department of Health shall conduct an outreach

17  campaign to encourage pharmaceutical companies located in this

18  state to produce vaccines for the prevention of communicable

19  diseases and to encourage pharmaceutical companies located

20  outside of this state to establish facilities in this state to

21  produce vaccines for the prevention of communicable diseases.

22         (2)  A business, corporation, sole proprietorship,

23  partnership, subchapter S corporation, limited liability

24  corporation, nonprofit corporation, consortium, or other

25  business entity located in this state that in good faith

26  develops or produces vaccines for the prevention of

27  communicable diseases shall not be held liable for civil

28  damages for any act or omission, except for knowing and

29  willful acts or omissions, in the development or production of

30  vaccines for the prevention of communicable diseases which are

31  

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    Florida Senate - 2006                                   SB 706
    11-677-06                                           See HB 311




 1  approved for market distribution by the United States Food and

 2  Drug Administration.

 3         (3)  The Department of Health shall establish a loan

 4  and loan guarantee program to increase the financing available

 5  to fund the costs incurred by new or expanded production

 6  facilities in the state which produce vaccines for the

 7  prevention of communicable diseases, including, but not

 8  limited to, the influenza virus. Loans or loan guarantees

 9  shall be made available to pharmaceutical companies,

10  partnerships of such companies, and consortia of such

11  companies, provided that the production facility meets the

12  requirements of the United States Food and Drug Administration

13  to ensure the safety, efficacy, purity, and potency of the

14  vaccines produced at the facility.

15         (4)  The Department of Health shall enter into an

16  agreement with each production facility that commences

17  production of vaccines for the prevention of communicable

18  diseases to purchase a portion of all vaccines produced at the

19  facility which are approved by the United States Food and Drug

20  Administration to ensure the safety, efficacy, purity, and

21  potency of the vaccine. Such an agreement may be for no more

22  than 1 year. The department shall take all actions that are

23  necessary to encourage physicians, nurses, health care

24  facilities, pharmacies, and other entities that dispense

25  vaccines in the state to obtain a portion of their vaccine

26  supply from vaccine production facilities currently located in

27  the state or facilities that commence production of vaccines

28  in the state after July 1, 2006.

29         Section 2.  This act shall take effect July 1, 2006.

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CODING: Words stricken are deletions; words underlined are additions.