Florida Senate - 2009 SB 2650 By Senator Fasano 11-00340A-09 20092650__ 1 A bill to be entitled 2 An act relating to pharmaceutical take-back programs; 3 creating s. 499.0295, F.S.; requiring drug 4 manufacturers who sell drugs in this state to 5 establish a take-back program that accepts and 6 disposes of pharmaceuticals turned in by consumers by 7 a certain date; provides program requirements; 8 requires the manufacturer to submit a program plan to 9 the Department of Health, which must review and 10 approve or reject the plan; requiring retail 11 pharmacies to post a sign informing consumers about 12 the take-back program; requiring a manufacturer to pay 13 a fee to the department designed to cover the 14 department's administrative costs for the program; 15 authorizing the department to impose administrative 16 fines for violations; establishing an advisory 17 committee to advise the department on issues relating 18 to take-back programs; providing for member 19 appointment, terms, selection of a chairperson, number 20 of meetings, and reimbursement for expenses; 21 authorizing the department to adopt rules; providing 22 an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 499.0295, Florida Statutes, is created 27 to read: 28 499.0295 Pharmaceutical take-back program.— 29 (1) Effective July 1, 2011, a manufacturer of a drug may 30 not sell the drug or allow the drug to be sold in this state 31 unless the manufacturer operates a pharmaceutical take-back 32 program approved by the department. The take-back program must: 33 (a) Accept prescription and proprietary drugs presented to 34 the program by consumers, including residents of long-term care 35 facilities and persons enrolled in hospice and home health 36 programs; 37 (b) Accept all prescription and proprietary drugs sold in 38 this state regardless of manufacturer; 39 (c) Offer pharmaceutical take-back services at no cost to 40 the consumer at the time of sale of the drug or at the time of 41 collection of the drug; 42 (d) Be convenient and adequate to serve consumers in urban 43 and rural areas; 44 (e) Dispose of collected drugs by incineration or hazardous 45 waste disposal; 46 (f) Include an education and outreach program to inform 47 consumers, retail pharmacies, health practitioners, county 48 health departments, hospitals, hospice care providers, and long 49 term care facilities of the availability of the program; and 50 (g) Include a method for evaluation and improvement of the 51 program. 52 (2) A manufacturer may operate its pharmaceutical take-back 53 program individually or collectively with other manufacturers. 54 (3) A manufacturer that sells drugs in this state shall 55 submit a plan describing the manufacturer's proposed 56 pharmaceutical take-back program to the department for approval. 57 The plan must: 58 (a) Describe how the program meets the requirements of 59 subsection (1); 60 (b) Include recovery goals for the first 3 years of the 61 program, expressed as pounds per capita, and a plan for action 62 if the recovery goals are not met; 63 (c) Describe the proposed method for disposal of the 64 collected drugs; 65 (d) Describe how the manufacturer will coordinate with 66 other manufacturers to minimize consumer confusion about 67 different pharmaceutical take-back programs; 68 (e) Meet other requirements established by rule of the 69 department; and 70 (f) Be accompanied by a fee determined by the department 71 under subsection (9). 72 (4) Within 60 days after a manufacturer submits a plan 73 under subsection (3), the department shall approve or reject the 74 plan. If the plan is rejected, the department shall provide the 75 manufacturer with a written statement of the reasons for the 76 rejection, and the manufacturer may submit a revised plan within 77 60 days after the date of the written statement of rejection. 78 The department shall approve or reject the revised plan within 79 60 days after its submission. 80 (5) Following department approval, the manufacturer shall 81 submit an updated plan to the department annually, on or before 82 the anniversary of the approval of the original plan. The 83 department shall review the disposal proposal in the updated 84 plan, and shall approve or reject the updated plan as provided 85 in subsection (4). 86 (6) If at the time the plan is due for submission to the 87 department there is no legal method for a manufacturer to accept 88 all prescription and proprietary drugs through the 89 pharmaceutical take-back program, a manufacturer may apply to 90 the department for an extension of the time to submit the plan. 91 The department may grant an extension for up to 1 year. 92 (7) The department may withdraw approval of a plan if a 93 manufacturer does not operate the manufacturer's pharmaceutical 94 take-back program in accordance with the approved plan. 95 (8) Retail pharmacies must post a sign informing consumers 96 of the availability of pharmaceutical take-back programs. The 97 department shall make an example of the sign available on the 98 department's website. 99 (9) The department shall adopt rules establishing the 100 application fee for submission of a pharmaceutical take-back 101 program plan. The application fee may not exceed the costs 102 incurred by the department in regulating pharmaceutical take 103 back programs, including the cost of any full-time employees 104 necessary to administer the program. 105 (10) The department may impose administrative penalties for 106 violations of this section as established by rule which may not 107 exceed $500 per violation. 108 (11) Moneys received under subsections (9) and (10) shall 109 be used to support the program. 110 (12) There is created the Advisory Committee on 111 Pharmaceutical Take-Back Programs, consisting of seven members 112 appointed by the State Health Officer who shall serve at the 113 pleasure of the officer. The advisory committee shall advise the 114 department on issues relating to pharmaceutical take-back 115 programs. 116 (a) The term of office of each member is 3 years except 117 that some members of the first council may serve shorter terms 118 in order to establish staggered terms. A member is eligible for 119 reappointment for one additional term. 120 (b) The advisory committee shall elect one of its members 121 to serve as chairperson. 122 (c) The advisory committee shall meet at least four times 123 per year, at times and places specified by the call of the 124 chairperson or of a majority of the members of the advisory 125 committee. 126 (d) A member of the committee shall serve without 127 compensation, but is entitled to reimbursement for per diem and 128 travel expenses incurred in the performance of duties related to 129 the committee in accordance with s. 112.061. 130 (e) All state agencies are directed to assist the advisory 131 committee in the performance of its duties and to furnish such 132 information and advice as the members of the advisory committee 133 consider necessary to perform their duties. 134 (13) The department may adopt rules to administer this 135 section. 136 Section 2. This act shall take effect July 1, 2009.