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         499.0295Pharmaceutical 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.