Senate Bill sb2122

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    Florida Senate - 2007                                  SB 2122

    By Senator Baker





    20-1330A-07

  1                      A bill to be entitled

  2         An act relating to the distribution of

  3         veterinary drugs; amending s. 499.012, F.S.;

  4         revising the list of persons who are required

  5         to have a limited prescription drug veterinary

  6         wholesaler permit in order to engage in the

  7         distribution of veterinary prescription drugs;

  8         deleting a provision that requires that certain

  9         persons obtain a limited prescription drug

10         veterinary wholesaler permit; providing an

11         effective date.

12  

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

14  

15         Section 1.  Paragraph (h) of subsection (2) of section

16  499.012, Florida Statutes, is amended to read:

17         499.012  Wholesale distribution; definitions; permits;

18  applications; general requirements.--

19         (2)  The following types of wholesaler permits are

20  established:

21         (h)  Limited prescription drug veterinary wholesaler

22  permit.--Unless engaging in the activities of and permitted as

23  a prescription drug manufacturer, nonresident prescription

24  drug manufacturer, prescription drug wholesaler, or

25  out-of-state prescription drug wholesaler, a limited

26  prescription drug veterinary wholesaler permit is required for

27  any person that engages in the distribution in or into this

28  state of veterinary prescription drugs and prescription drugs

29  subject to, defined by, or described by s. 503(b) of the

30  Federal Food, Drug, and Cosmetic Act under the following

31  conditions:

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    Florida Senate - 2007                                  SB 2122
    20-1330A-07




 1         1.  The person is engaged in the business of

 2  wholesaling prescription and veterinary legend drugs to

 3  persons:

 4         a.  Licensed as veterinarians practicing on a full-time

 5  basis;

 6         b.  Regularly and lawfully engaged in instruction in

 7  veterinary medicine;

 8         c.  Regularly and lawfully engaged in law enforcement

 9  activities;

10         d.  For use in research not involving clinical use; or

11         e.  For use in chemical analysis or physical testing or

12  for purposes of instruction in law enforcement activities,

13  research, or testing; or.

14         f.  Holding a veterinary prescription drug wholesaler

15  permit, limited prescription drug veterinary wholesaler

16  permit, a substantially equivalent authorization, permit, or

17  license issued by another state, or an authorization, license,

18  or permit to engage in the wholesale distribution of

19  prescription drugs issued by another state that does not issue

20  a substantially equivalent permit.

21         2.  No more than 30 percent of total annual

22  prescription drug sales may be prescription drugs approved for

23  human use which are subject to, defined by, or described by s.

24  503(b) of the Federal Food, Drug, and Cosmetic Act.

25         3.  The person is not permitted, licensed, or otherwise

26  authorized in any state to wholesale prescription drugs

27  subject to, defined by, or described by s. 503(b) of the

28  Federal Food, Drug, and Cosmetic Act to any person who is

29  authorized to sell, distribute, purchase, trade, or use these

30  drugs on or for humans.

31  

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    Florida Senate - 2007                                  SB 2122
    20-1330A-07




 1         3.4.  A limited prescription drug veterinary wholesaler

 2  that applies to the department for a new permit or the renewal

 3  of a permit must submit a bond of $20,000, or other equivalent

 4  means of security acceptable to the department, such as an

 5  irrevocable letter of credit or a deposit in a trust account

 6  or financial institution, payable to the Florida Drug, Device,

 7  and Cosmetic Trust Fund. The purpose of the bond is to secure

 8  payment of any administrative penalties imposed by the

 9  department and any fees and costs incurred by the department

10  regarding that permit which are authorized under state law and

11  which the permittee fails to pay 30 days after the fine or

12  costs become final. The department may make a claim against

13  such bond or security until 1 year after the permittee's

14  license ceases to be valid or until 60 days after any

15  administrative or legal proceeding authorized in ss.

16  499.001-499.081 which involves the permittee is concluded,

17  including any appeal, whichever occurs later.

18         4.5.  A limited prescription drug veterinary wholesaler

19  must maintain at all times a license or permit to engage in

20  the wholesale distribution of prescription drugs in compliance

21  with laws of the state in which it is a resident.

22         5.6.  A limited prescription drug veterinary wholesaler

23  must comply with the requirements for wholesale distributors

24  under s. 499.0121, except that a limited prescription drug

25  veterinary wholesaler is not required to provide a pedigree

26  paper as required by s. 499.0121(6)(f) upon the wholesale

27  distribution of a prescription drug to a veterinarian.

28         6.7.  A limited prescription drug veterinary wholesaler

29  may not return to inventory for subsequent wholesale

30  distribution any prescription drug subject to, defined by, or

31  

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    Florida Senate - 2007                                  SB 2122
    20-1330A-07




 1  described by s. 503(b) of the Federal Food, Drug, and Cosmetic

 2  Act which has been returned by a veterinarian.

 3         7.8.  An out-of-state prescription drug wholesaler's

 4  permit or a limited prescription drug veterinary wholesaler

 5  permit is not required for an intracompany sale or transfer of

 6  a prescription drug from an out-of-state establishment that is

 7  duly licensed to engage in the wholesale distribution of

 8  prescription drugs in its state of residence to a licensed

 9  limited prescription drug veterinary wholesaler in this state

10  if both wholesalers conduct wholesale distributions of

11  prescription drugs under the same business name. The

12  recordkeeping requirements of s. 499.0121(6) must be followed

13  for this transaction.

14         Section 2.  This act shall take effect upon becoming a

15  law.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Revises the list of certain persons who are required to
      have a limited prescription drug veterinary wholesaler
20    permit. Deletes a provision that requires certain persons
      to have a limited prescription drug veterinary wholesaler
21    permit.

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