Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. SB 902, 1st Eng.
       
       
       
       
       
       
                                Barcode 768402                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/3R          .                                
             04/28/2009 09:21 AM       .                                
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       Senator Deutch moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 339
    4  and insert:
    5         Section 7. Section 499.029, Florida Statutes, is amended to
    6  read:
    7         499.029 Prescription Cancer Drug Donation Program.—
    8         (1) This section may be cited as the “Prescription Cancer
    9  Drug Donation Program Act.”
   10         (2) There is created a Prescription Cancer Drug Donation
   11  Program within the department for the purpose of authorizing and
   12  facilitating the donation of prescription cancer drugs and
   13  supplies to eligible patients.
   14         (3) As used in this section, the term:
   15         (a) “Cancer drug” means a prescription drug that has been
   16  approved under s. 505 of the federal Food, Drug, and Cosmetic
   17  Act and is used to treat cancer or its side effects or is used
   18  to treat the side effects of a prescription drug used to treat
   19  cancer or its side effects. “Cancer drug” does not include a
   20  substance listed in Schedule II, Schedule III, Schedule IV, or
   21  Schedule V of s. 893.03.
   22         (a)(b) “Closed drug delivery system” means a system in
   23  which the actual control of the unit-dose medication package is
   24  maintained by the facility rather than by the individual
   25  patient.
   26         (b) “Dispensing practitioner” means a practitioner
   27  registered under s. 465.0276.
   28         (c) “Donor” means a patient or patient representative who
   29  donates prescription cancer drugs or supplies needed to
   30  administer prescription cancer drugs that have been maintained
   31  within a closed drug delivery system; health care facilities,
   32  nursing homes, hospices, or hospitals with closed drug delivery
   33  systems; or pharmacies, prescription drug manufacturers, medical
   34  device manufacturers or suppliers, or wholesalers of
   35  prescription drugs or supplies, in accordance with this section.
   36  The term “Donor” includes a physician licensed under chapter 458
   37  or chapter 459 who receives prescription cancer drugs or
   38  supplies directly from a prescription drug manufacturer,
   39  wholesale distributor, or pharmacy.
   40         (d) “Eligible patient” means a person who the department
   41  determines is eligible to receive prescription cancer drugs from
   42  the program.
   43         (e) “Participant facility” means a class II hospital
   44  pharmacy or dispensing practitioner that has elected to
   45  participate in the program and that accepts donated prescription
   46  cancer drugs and supplies under the rules adopted by the
   47  department for the program.
   48         (f) “Prescribing practitioner” means a physician licensed
   49  under chapter 458 or chapter 459 or any other medical
   50  professional with authority under state law to prescribe drugs
   51  cancer medication.
   52         (g) “Prescription drug” does not include a substance listed
   53  in Schedule II, Schedule III, Schedule IV, or Schedule V of s.
   54  893.03.
   55         (h)(g) “Program” means the Prescription Cancer Drug
   56  Donation Program created by this section.
   57         (i)(h) “Supplies” means any supplies used in the
   58  administration of a prescription cancer drug.
   59         (4) Any donor may donate prescription cancer drugs or
   60  supplies to a participant facility that elects to participate in
   61  the program and meets criteria established by the department for
   62  such participation. Prescription Cancer drugs or supplies may
   63  not be donated to a specific cancer patient, and donated
   64  prescription drugs or supplies may not be resold by the
   65  participant program. Prescription Cancer drugs billed to and
   66  paid for by Medicaid in long-term care facilities that are
   67  eligible for return to stock under federal Medicaid regulations
   68  shall be credited to Medicaid and are not eligible for donation
   69  under the program. A participant facility may provide dispensing
   70  and counseling consulting services to an eligible patient
   71  individuals who is are not a patient patients of the participant
   72  hospital.
   73         (5) The prescription cancer drugs or supplies donated to
   74  the program may be prescribed only by a prescribing practitioner
   75  for use by an eligible patient and may be dispensed only by a
   76  pharmacist or dispensing practitioner.
   77         (6)(a) A prescription cancer drug may only be accepted or
   78  dispensed under the program if the drug is in its original,
   79  unopened, sealed container, or in a tamper-evident unit-dose
   80  packaging, except that a prescription cancer drug packaged in
   81  single-unit doses may be accepted and dispensed if the outside
   82  packaging is opened but the single-unit-dose packaging is
   83  unopened with tamper-resistant packaging intact.
   84         (b) A prescription cancer drug may not be accepted or
   85  dispensed under the program if the drug bears an expiration date
   86  that is less than 6 months after the date the drug was donated
   87  or if the drug appears to have been tampered with or mislabeled
   88  as determined in paragraph (c).
   89         (c) Before Prior to being dispensed to an eligible patient,
   90  the prescription cancer drug or supplies donated under the
   91  program shall be inspected by a pharmacist or dispensing
   92  practitioner to determine that the drug and supplies do not
   93  appear to have been tampered with or mislabeled.
   94         (d) A dispenser of donated prescription cancer drugs or
   95  supplies may not submit a claim or otherwise seek reimbursement
   96  from any public or private third-party payor for donated
   97  prescription cancer drugs or supplies dispensed to any patient
   98  under the program, and a public or private third-party payor is
   99  not required to provide reimbursement to a dispenser for donated
  100  prescription cancer drugs or supplies dispensed to any patient
  101  under the program.
  102         (7)(a) A donation of prescription cancer drugs or supplies
  103  shall be made only at a participant’s participant facility. A
  104  participant facility may decline to accept a donation. A
  105  participant facility that accepts donated prescription cancer
  106  drugs or supplies under the program shall comply with all
  107  applicable provisions of state and federal law relating to the
  108  storage and dispensing of the donated prescription cancer drugs
  109  or supplies.
  110         (b) A participant facility that voluntarily takes part in
  111  the program may charge a handling fee sufficient to cover the
  112  cost of preparation and dispensing of prescription cancer drugs
  113  or supplies under the program. The fee shall be established in
  114  rules adopted by the department.
  115         (8) The department, upon the recommendation of the Board of
  116  Pharmacy, shall adopt rules to carry out the provisions of this
  117  section. Initial rules under this section shall be adopted no
  118  later than 90 days after the effective date of this act. The
  119  rules shall include, but not be limited to:
  120         (a) Eligibility criteria, including a method to determine
  121  priority of eligible patients under the program.
  122         (b) Standards and procedures for participants participant
  123  facilities that accept, store, distribute, or dispense donated
  124  prescription cancer drugs or supplies.
  125         (c) Necessary forms for administration of the program,
  126  including, but not limited to, forms for use by entities that
  127  donate, accept, distribute, or dispense prescription cancer
  128  drugs or supplies under the program.
  129         (d) The maximum handling fee that may be charged by a
  130  participant facility that accepts and distributes or dispenses
  131  donated prescription cancer drugs or supplies.
  132         (e) Categories of prescription cancer drugs and supplies
  133  that the program will accept for dispensing; however, the
  134  department may exclude any drug based on its therapeutic
  135  effectiveness or high potential for abuse or diversion.
  136         (f) Maintenance and distribution of the participant
  137  facility registry established in subsection (10).
  138         (9) A person who is eligible to receive prescription cancer
  139  drugs or supplies under the state Medicaid program or under any
  140  other prescription drug program funded in whole or in part by
  141  the state, by any other prescription drug program funded in
  142  whole or in part by the Federal Government, or by any other
  143  prescription drug program offered by a third-party insurer,
  144  unless benefits have been exhausted, or a certain prescription
  145  cancer drug or supply is not covered by the prescription drug
  146  program, is ineligible to participate in the program created
  147  under this section.
  148         (10) The department shall establish and maintain a
  149  participant facility registry for the program. The participant
  150  facility registry shall include the participant’s participant
  151  facility’s name, address, and telephone number. The department
  152  shall make the participant facility registry available on the
  153  department’s website to any donor wishing to donate prescription
  154  cancer drugs or supplies to the program. The department’s
  155  website shall also contain links to prescription cancer drug
  156  manufacturers that offer drug assistance programs or free
  157  medication.
  158         (11) Any donor of prescription cancer drugs or supplies, or
  159  any participant in the program, who exercises reasonable care in
  160  donating, accepting, distributing, or dispensing prescription
  161  cancer drugs or supplies under the program and the rules adopted
  162  under this section is shall be immune from civil or criminal
  163  liability and from professional disciplinary action of any kind
  164  for any injury, death, or loss to person or property relating to
  165  such activities.
  166         (12) A pharmaceutical manufacturer is not liable for any
  167  claim or injury arising from the transfer of any prescription
  168  cancer drug under this section, including, but not limited to,
  169  liability for failure to transfer or communicate product or
  170  consumer information regarding the transferred drug, as well as
  171  the expiration date of the transferred drug.
  172         (13) If any conflict exists between the provisions in this
  173  section and the provisions in this chapter or chapter 465, the
  174  provisions in this section shall control the operation of the
  175  Cancer Drug Donation program.
  176         Section 8. This act shall take effect July 1, 2009.
  177  
  178  ================= T I T L E  A M E N D M E N T ================
  179         And the title is amended as follows:
  180         Delete line 19
  181  and insert:
  182         health care clinic establishment permits; amending s.
  183         499.029, F.S.; renaming the Cancer Drug Donation
  184         Program as the Prescription Drug Donation Program;
  185         revising definitions; expanding the drugs and supplies
  186         that may be donated under the program; expanding the
  187         types of facilities and practitioners that may
  188         participate in the program; conforming provisions to
  189         changes in terminology; removing obsolete language
  190         relating to the adoption of initial rules; providing
  191         an