1 | A bill to be entitled |
2 | An act relating to prescription drugs; creating s. |
3 | 499.0295, F.S.; providing a short title; creating the Drug |
4 | Donation Program for the state correctional system; |
5 | providing a purpose; providing definitions; providing |
6 | conditions for the donation of drugs and supplies to the |
7 | program; providing conditions for the acceptance of drugs |
8 | and supplies into the program, inspection of drugs and |
9 | supplies, and dispensing of drugs and supplies to eligible |
10 | prisoners; requiring a participant facility that accepts |
11 | donated drugs and supplies through the program to comply |
12 | with certain state and federal laws; authorizing a |
13 | participant facility to charge fees under certain |
14 | conditions; requiring the Department of Health, upon |
15 | recommendation of the Department of Corrections and the |
16 | Board of Pharmacy, to adopt certain rules; requiring the |
17 | Department of Health to establish and maintain a |
18 | participant facility registry; providing for the contents |
19 | and availability of the participant facility registry; |
20 | providing immunity from civil and criminal liability for |
21 | the Department of Corrections, donors, and pharmaceutical |
22 | manufacturers in certain circumstances; providing that the |
23 | provisions of the act control in the event of a conflict |
24 | between provisions of the act and provisions in ch. 465 or |
25 | ch. 499, F.S.; authorizing a position and providing an |
26 | appropriation; providing an effective date. |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. Section 499.0295, Florida Statutes, is created |
31 | to read: |
32 | 499.0295 Drug Donation Program.-- |
33 | (1) This section may be cited as the "Drug Donation |
34 | Program Act." |
35 | (2) There is created a Drug Donation Program within the |
36 | Department of Health for the purpose of authorizing and |
37 | facilitating the donation of drugs to the Department of |
38 | Corrections. |
39 | (3) As used in this section, the term: |
40 | (a) "Closed drug delivery system" means a system in which |
41 | the actual control of the unit-dose medication package is |
42 | maintained by the facility rather than by the individual |
43 | patient. |
44 | (b) "Donor" means a patient or patient representative who |
45 | donates drugs or supplies needed to administer drugs that have |
46 | been maintained within a closed drug delivery system; health |
47 | care facilities, nursing homes, hospices, or hospitals that have |
48 | closed drug delivery systems; or pharmacies, drug manufacturers, |
49 | medical device manufacturers or suppliers, or wholesalers of |
50 | drugs or supplies, in accordance with this section. The term |
51 | includes a physician licensed under chapter 458 or chapter 459 |
52 | who receives drugs directly from a drug manufacturer, wholesale |
53 | distributor, or pharmacy. |
54 | (c) "Drug" means a prescription drug that has been |
55 | approved under s. 505 of the Federal Food, Drug, and Cosmetic |
56 | Act. The term does not include a substance listed in Schedule |
57 | II, Schedule III, Schedule IV, or Schedule V of s. 893.03. |
58 | (d) "Eligible prisoner" means a prisoner who the |
59 | Department of Corrections determines is eligible to receive |
60 | drugs from the program. |
61 | (e) "Participant facility" means a class II hospital |
62 | pharmacy that has elected to participate in the program and that |
63 | accepts donated drugs and supplies under the rules adopted by |
64 | the department for the program. |
65 | (f) "Prescribing practitioner" means a physician licensed |
66 | under chapter 458 or chapter 459 or any other medical |
67 | professional who is authorized under state law to prescribe |
68 | medication. |
69 | (g) "Prisoner" means any person committed to or detained |
70 | in any state prison, prison farm, or penitentiary, or to the |
71 | custody of the Department of Corrections under lawful authority. |
72 | (h) "Program" means the Drug Donation Program created by |
73 | this section. |
74 | (i) "Supplies" means any supplies used in the |
75 | administration of a drug. |
76 | (4) Any donor may donate drugs or supplies to a |
77 | participant facility that elects to participate in the program |
78 | and meets criteria established by the Department of Health for |
79 | such participation. Drugs or supplies may not be donated to a |
80 | specific prisoner, and donated drugs or supplies may not be |
81 | resold by the program. Drugs billed to and paid for by Medicaid |
82 | in long-term care facilities that are eligible for return to |
83 | stock under federal Medicaid regulations shall be credited to |
84 | Medicaid and are not eligible for donation under the program. A |
85 | participant facility shall provide dispensing and consulting |
86 | services to the Department of Corrections. |
87 | (5) The drugs or supplies donated to the program may be |
88 | prescribed only by a prescribing practitioner for use by an |
89 | eligible prisoner and may be dispensed only by a pharmacist. |
90 | (6)(a) A drug may be accepted or dispensed under the |
91 | program only if the drug is in its original, unopened, and |
92 | sealed container, or in tamper-evident and unit-dose packaging, |
93 | except that a drug packaged in single-unit doses may be accepted |
94 | and dispensed if the outside packaging is opened but the single- |
95 | unit-dose packaging is unopened and the tamper-resistant |
96 | packaging is intact. |
97 | (b) A drug may not be accepted or dispensed under the |
98 | program if the drug bears an expiration date that is less than 6 |
99 | months after the date the drug was donated or if the drug |
100 | appears to have been tampered with or mislabeled as determined |
101 | in paragraph (c). |
102 | (c) Before being dispensed to an eligible prisoner, the |
103 | drug or supplies donated under the program shall be inspected by |
104 | a pharmacist to determine if the drug and supplies appear to |
105 | have been tampered with or mislabeled. |
106 | (d) A dispenser of donated drugs or supplies may not |
107 | submit a claim or otherwise seek reimbursement from the |
108 | Department of Corrections or any public or private third-party |
109 | payor for donated drugs or supplies dispensed to any prisoner |
110 | under the program, and a public or private third-party payor or |
111 | the Department of Corrections is not required to provide |
112 | reimbursement to a dispenser for donated drugs or supplies |
113 | dispensed to any prisoner under the program. |
114 | (7)(a) A donation of drugs or supplies shall be made only |
115 | at a participant facility. A participant facility may decline to |
116 | accept a donation. A participant facility that accepts donated |
117 | drugs or supplies under the program shall comply with all |
118 | applicable provisions of state and federal law relating to the |
119 | storage and dispensing of the donated drugs or supplies. |
120 | (b) A participant facility that voluntarily takes part in |
121 | the program may charge a handling fee sufficient to cover the |
122 | cost of preparation and dispensing of drugs or supplies under |
123 | the program. The fee shall be established in rules adopted by |
124 | the department. |
125 | (8) Upon the recommendation of the Board of Pharmacy and |
126 | the Department of Corrections, the Department of Health shall |
127 | adopt rules to administer this section. Initial rules under this |
128 | section must be adopted by October 1, 2009. The rules must |
129 | include, but need not be limited to: |
130 | (a) Eligibility criteria, including a method to determine |
131 | priority of eligible prisoners under the program. |
132 | (b) Standards and procedures for participant facilities |
133 | that accept, store, distribute, or dispense donated drugs or |
134 | supplies. |
135 | (c) Necessary forms for administration of the program, |
136 | including, but not limited to, forms for use by entities that |
137 | donate, accept, distribute, or dispense drugs or supplies under |
138 | the program. |
139 | (d) The maximum handling fee that may be charged by a |
140 | participant facility that accepts and distributes or dispenses |
141 | donated drugs or supplies. |
142 | (e) Categories of drugs and supplies which the program |
143 | will accept for dispensing; however, the department may exclude |
144 | any drug based on its therapeutic effectiveness or high |
145 | potential for abuse or diversion. |
146 | (f) Maintenance and distribution of the participant |
147 | facility registry established in subsection (9). |
148 | (9) The Department of Health shall establish and maintain |
149 | a participant facility registry for the program. The participant |
150 | facility registry shall include a participant facility's name, |
151 | address, and telephone number. The department shall make the |
152 | participant facility registry available on the department's |
153 | website to any donor wishing to donate drugs or supplies to the |
154 | program. The department's website must also contain links to |
155 | drug manufacturers that offer drug assistance programs or free |
156 | medication. |
157 | (10) The Department of Corrections, any donor of drugs or |
158 | supplies, or any participant in the program who exercises |
159 | reasonable care in donating, accepting, distributing, or |
160 | dispensing drugs or supplies under the program and the rules |
161 | adopted under this section is immune from civil or criminal |
162 | liability and from professional disciplinary action of any kind |
163 | for any injury, death, or loss to person or property relating to |
164 | such activities. |
165 | (11) A pharmaceutical manufacturer is not liable for any |
166 | claim or injury arising from the transfer of any drug under this |
167 | section, including, but not limited to, liability for failure to |
168 | transfer or communicate product or consumer information |
169 | regarding the transferred drug, as well as the expiration date |
170 | of the transferred drug. |
171 | (12) If any conflict exists between the provisions in this |
172 | section and the provisions in this chapter or chapter 465, the |
173 | provisions in this section control the operation of the Drug |
174 | Donation Program. |
175 | Section 2. One full-time equivalent position at a salary |
176 | rate of 42,715 is authorized and recurring funding from the |
177 | Florida Drug, Device, and Cosmetic Trust Fund pursuant to s. |
178 | 499.057, Florida Statutes, in the sum of $65,308 is appropriated |
179 | for the 2009-2010 fiscal year for the purpose of implementing |
180 | the Drug Donation Program as created by this act. |
181 | Section 3. This act shall take effect July 1, 2009. |