HB 893

1
A bill to be entitled
2An act relating to prescription drugs; creating s.
3499.0295, F.S.; providing a short title; creating the Drug
4Donation Program for the state correctional system;
5providing a purpose; providing definitions; providing
6conditions for the donation of drugs and supplies to the
7program; providing conditions for the acceptance of drugs
8and supplies into the program, inspection of drugs and
9supplies, and dispensing of drugs and supplies to eligible
10prisoners; requiring a participant facility that accepts
11donated drugs and supplies through the program to comply
12with certain state and federal laws; authorizing a
13participant facility to charge fees under certain
14conditions; requiring the Department of Health, upon
15recommendation of the Department of Corrections and the
16Board of Pharmacy, to adopt certain rules; requiring the
17Department of Health to establish and maintain a
18participant facility registry; providing for the contents
19and availability of the participant facility registry;
20providing immunity from civil and criminal liability for
21the Department of Corrections, donors, and pharmaceutical
22manufacturers in certain circumstances; providing that the
23provisions of the act control in the event of a conflict
24between provisions of the act and provisions in ch. 465 or
25ch. 499, F.S.; authorizing a position and providing an
26appropriation; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 499.0295, Florida Statutes, is created
31to read:
32     499.0295  Drug Donation Program.--
33     (1)  This section may be cited as the "Drug Donation
34Program Act."
35     (2)  There is created a Drug Donation Program within the
36Department of Health for the purpose of authorizing and
37facilitating the donation of drugs to the Department of
38Corrections.
39     (3)  As used in this section, the term:
40     (a)  "Closed drug delivery system" means a system in which
41the actual control of the unit-dose medication package is
42maintained by the facility rather than by the individual
43patient.
44     (b)  "Donor" means a patient or patient representative who
45donates drugs or supplies needed to administer drugs that have
46been maintained within a closed drug delivery system; health
47care facilities, nursing homes, hospices, or hospitals that have
48closed drug delivery systems; or pharmacies, drug manufacturers,
49medical device manufacturers or suppliers, or wholesalers of
50drugs or supplies, in accordance with this section. The term
51includes a physician licensed under chapter 458 or chapter 459
52who receives drugs directly from a drug manufacturer, wholesale
53distributor, or pharmacy.
54     (c)  "Drug" means a prescription drug that has been
55approved under s. 505 of the Federal Food, Drug, and Cosmetic
56Act. The term does not include a substance listed in Schedule
57II, Schedule III, Schedule IV, or Schedule V of s. 893.03.
58     (d)  "Eligible prisoner" means a prisoner who the
59Department of Corrections determines is eligible to receive
60drugs from the program.
61     (e)  "Participant facility" means a class II hospital
62pharmacy that has elected to participate in the program and that
63accepts donated drugs and supplies under the rules adopted by
64the department for the program.
65     (f)  "Prescribing practitioner" means a physician licensed
66under chapter 458 or chapter 459 or any other medical
67professional who is authorized under state law to prescribe
68medication.
69     (g)  "Prisoner" means any person committed to or detained
70in any state prison, prison farm, or penitentiary, or to the
71custody of the Department of Corrections under lawful authority.
72     (h)  "Program" means the Drug Donation Program created by
73this section.
74     (i)  "Supplies" means any supplies used in the
75administration of a drug.
76     (4)  Any donor may donate drugs or supplies to a
77participant facility that elects to participate in the program
78and meets criteria established by the Department of Health for
79such participation. Drugs or supplies may not be donated to a
80specific prisoner, and donated drugs or supplies may not be
81resold by the program. Drugs billed to and paid for by Medicaid
82in long-term care facilities that are eligible for return to
83stock under federal Medicaid regulations shall be credited to
84Medicaid and are not eligible for donation under the program. A
85participant facility shall provide dispensing and consulting
86services to the Department of Corrections.
87     (5)  The drugs or supplies donated to the program may be
88prescribed only by a prescribing practitioner for use by an
89eligible prisoner and may be dispensed only by a pharmacist.
90     (6)(a)  A drug may be accepted or dispensed under the
91program only if the drug is in its original, unopened, and
92sealed container, or in tamper-evident and unit-dose packaging,
93except that a drug packaged in single-unit doses may be accepted
94and dispensed if the outside packaging is opened but the single-
95unit-dose packaging is unopened and the tamper-resistant
96packaging is intact.
97     (b)  A drug may not be accepted or dispensed under the
98program if the drug bears an expiration date that is less than 6
99months after the date the drug was donated or if the drug
100appears to have been tampered with or mislabeled as determined
101in paragraph (c).
102     (c)  Before being dispensed to an eligible prisoner, the
103drug or supplies donated under the program shall be inspected by
104a pharmacist to determine if the drug and supplies appear to
105have been tampered with or mislabeled.
106     (d)  A dispenser of donated drugs or supplies may not
107submit a claim or otherwise seek reimbursement from the
108Department of Corrections or any public or private third-party
109payor for donated drugs or supplies dispensed to any prisoner
110under the program, and a public or private third-party payor or
111the Department of Corrections is not required to provide
112reimbursement to a dispenser for donated drugs or supplies
113dispensed to any prisoner under the program.
114     (7)(a)  A donation of drugs or supplies shall be made only
115at a participant facility. A participant facility may decline to
116accept a donation. A participant facility that accepts donated
117drugs or supplies under the program shall comply with all
118applicable provisions of state and federal law relating to the
119storage and dispensing of the donated drugs or supplies.
120     (b)  A participant facility that voluntarily takes part in
121the program may charge a handling fee sufficient to cover the
122cost of preparation and dispensing of drugs or supplies under
123the program. The fee shall be established in rules adopted by
124the department.
125     (8)  Upon the recommendation of the Board of Pharmacy and
126the Department of Corrections, the Department of Health shall
127adopt rules to administer this section. Initial rules under this
128section must be adopted by October 1, 2009. The rules must
129include, but need not be limited to:
130     (a)  Eligibility criteria, including a method to determine
131priority of eligible prisoners under the program.
132     (b)  Standards and procedures for participant facilities
133that accept, store, distribute, or dispense donated drugs or
134supplies.
135     (c)  Necessary forms for administration of the program,
136including, but not limited to, forms for use by entities that
137donate, accept, distribute, or dispense drugs or supplies under
138the program.
139     (d)  The maximum handling fee that may be charged by a
140participant facility that accepts and distributes or dispenses
141donated drugs or supplies.
142     (e)  Categories of drugs and supplies which the program
143will accept for dispensing; however, the department may exclude
144any drug based on its therapeutic effectiveness or high
145potential for abuse or diversion.
146     (f)  Maintenance and distribution of the participant
147facility registry established in subsection (9).
148     (9)  The Department of Health shall establish and maintain
149a participant facility registry for the program. The participant
150facility registry shall include a participant facility's name,
151address, and telephone number. The department shall make the
152participant facility registry available on the department's
153website to any donor wishing to donate drugs or supplies to the
154program. The department's website must also contain links to
155drug manufacturers that offer drug assistance programs or free
156medication.
157     (10)  The Department of Corrections, any donor of drugs or
158supplies, or any participant in the program who exercises
159reasonable care in donating, accepting, distributing, or
160dispensing drugs or supplies under the program and the rules
161adopted under this section is immune from civil or criminal
162liability and from professional disciplinary action of any kind
163for any injury, death, or loss to person or property relating to
164such activities.
165     (11)  A pharmaceutical manufacturer is not liable for any
166claim or injury arising from the transfer of any drug under this
167section, including, but not limited to, liability for failure to
168transfer or communicate product or consumer information
169regarding the transferred drug, as well as the expiration date
170of the transferred drug.
171     (12)  If any conflict exists between the provisions in this
172section and the provisions in this chapter or chapter 465, the
173provisions in this section control the operation of the Drug
174Donation Program.
175     Section 2.  One full-time equivalent position at a salary
176rate of 42,715 is authorized and recurring funding from the
177Florida Drug, Device, and Cosmetic Trust Fund pursuant to s.
178499.057, Florida Statutes, in the sum of $65,308 is appropriated
179for the 2009-2010 fiscal year for the purpose of implementing
180the Drug Donation Program as created by this act.
181     Section 3.  This act shall take effect July 1, 2009.


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