Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for CS for SB 1528 Ì291576GÎ291576 LEGISLATIVE ACTION Senate . House . . . Floor: NC/2R . 04/26/2019 12:09 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bean moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 381.02035, Florida Statutes, is created 6 to read: 7 381.02035 Canadian Prescription Drug Importation Program.— 8 (1) PROGRAM ESTABLISHED.—The Agency for Health Care 9 Administration shall establish the Canadian Prescription Drug 10 Importation Program for the importation of safe and effective 11 prescription drugs from Canada which have the highest potential 12 for cost savings to the state. 13 (2) DEFINITIONS.—As used in this section, the term: 14 (a) “Agency” means the Agency for Health Care 15 Administration. 16 (b) “Canadian supplier” means a manufacturer, wholesale 17 distributor, or pharmacy appropriately licensed or permitted 18 under Canadian law to manufacture, distribute, or dispense 19 prescription drugs. 20 (c) “County health department” means a health care facility 21 established under part I of chapter 154. 22 (d) “Department” means the Department of Health. 23 (e) “Drug” or “prescription drug” has the same meaning as 24 “prescription drug” in s. 499.003, but is limited to drugs 25 intended for human use. 26 (f) “Federal act” means the Federal Food, Drug, and 27 Cosmetic Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq. 28 as amended by the Drug Quality and Security Act, 21 U.S.C. 351 29 et seq. 30 (g)“Free clinic” means a clinic that delivers only medical 31 diagnostic services or nonsurgical medical treatment free of 32 charge to low-income recipients. 33 (h) “Medicaid pharmacy” means a pharmacy licensed under 34 chapter 465 that has a Medicaid provider agreement in effect 35 with the agency and is in good standing with the agency. 36 (i) “Pharmacist” means a person who holds an active and 37 unencumbered license to practice pharmacy pursuant to chapter 38 465. 39 (j) “Program” means the Canadian Prescription Drug 40 Importation Program. 41 (k) “Track-and-trace” means the product-tracing process for 42 the components of the pharmaceutical distribution supply chain 43 as described in Title II of the Drug Quality and Security Act, 44 Drug Supply Chain Security Act, 21 U.S.C. 351 et seq. 45 (l) “Vendor” means the entity contracted by the agency to 46 manage specified functions of the program. 47 (3) IMPORTATION PROCESS.— 48 (a) The agency shall contract with a vendor to provide 49 services under the program. 50 (b) By December 1, 2019, and each year thereafter, the 51 vendor shall develop a Wholesale Prescription Drug Importation 52 List identifying the prescription drugs that have the highest 53 potential for cost savings to the state. In developing the list, 54 the vendor shall consider, at a minimum, which prescription 55 drugs will provide the greatest cost savings to state programs, 56 including prescriptions drugs for which there are shortages, 57 specialty prescription drugs, and high volume prescription 58 drugs. The agency, in consultation with the department, shall 59 review the Wholesale Prescription Drug Importation List every 3 60 months to ensure that it continues to meet the requirements of 61 the programs and may direct the vendor to revise the list, as 62 necessary. 63 (c) The vendor shall identify Canadian suppliers that are 64 in full compliance with relevant Canadian federal and provincial 65 laws and regulations and the federal act and who have agreed to 66 export drugs identified on the list at prices that will provide 67 cost savings to the state. The vendor must verify that such 68 Canadian suppliers meet all of the requirements of the program, 69 while meeting or exceeding the federal and state track-and-trace 70 laws and regulations. 71 (d) The vendor shall contract with such eligible Canadian 72 suppliers, or facilitate contracts between eligible importers 73 and Canadian suppliers, to import drugs under the program. 74 (e) The vendor shall maintain a list of all registered 75 importers that participate in the program. 76 (f) The vendor shall ensure compliance with Title II of the 77 federal Drug Quality and Security Act, Pub. L. No. 113-54, by 78 all suppliers, importers and other distributors, and 79 participants in the program. 80 (g) The vendor shall assist the agency in the preparation 81 of the annual report required by subsection (12), including the 82 timely provision of any information requested by the agency. 83 (h) The vendor shall provide an annual financial audit of 84 its operations to the agency as required by the agency. The 85 vendor shall also provide quarterly financial reports specific 86 to the program and shall include information on the performance 87 of its subcontractors and vendors. The agency shall determine 88 the format and contents of the reports. 89 (4) BOND REQUIREMENT.—The agency shall require a bond from 90 the vendor to mitigate the financial consequences of potential 91 acts of malfeasance or misfeasance or fraudulent or dishonest 92 acts committed by the vendor, any employees of the vendor, or 93 its subcontractors. 94 (5) ELIGIBLE PRESCRIPTION DRUGS.—Eligible importers, as 95 described in subsection (7), may import a drug from an eligible 96 Canadian supplier, as described in subsection (6), if: 97 (a) The drug meets the United States Food and Drug 98 Administration’s standards related to safety, effectiveness, 99 misbranding, and adulteration; 100 (b) Importing the drug would not violate federal patent 101 laws; 102 (c) Importing the drug is expected to generate cost 103 savings; and 104 (d) The drug is not: 105 1. A controlled substance as defined in 21 U.S.C. s. 802; 106 2. A biological product as defined in 42 U.S.C. s. 262; 107 3. An infused drug; 108 4. An intravenously injected drug; 109 5. A drug that is inhaled during surgery; or 110 6. A drug that is a parenteral drug, the importation of 111 which is determined by the United States Secretary of Health and 112 Human Services to pose a threat to the public health. 113 (6) ELIGIBLE CANADIAN SUPPLIERS.—A Canadian supplier may 114 export prescription drugs into this state under the program if 115 the supplier: 116 (a) Is in full compliance with relevant Canadian federal 117 and provincial laws and regulations; 118 (b) Is identified by the vendor as eligible to participate 119 in the program; and 120 (c) Submits an attestation that the supplier has a 121 registered agent in the United States, including the name and 122 United States address of the registered agent. 123 (7) ELIGIBLE IMPORTERS.—The following entities may import 124 prescription drugs from an eligible Canadian supplier under the 125 program: 126 (a) A pharmacist or wholesaler employed by or under 127 contract with the department’s central pharmacy, for 128 distribution to a county health department or free clinic for 129 dispensing to clients treated in such department or clinic. 130 (b) A pharmacist or wholesaler employed by or under 131 contract with a Medicaid pharmacy, for dispensing to the 132 pharmacy’s Medicaid recipients. 133 (c) A pharmacist or wholesaler employed by or under 134 contract with the Department of Corrections, for dispensing to 135 inmates in the custody of the Department of Corrections. 136 (d) A pharmacist or wholesaler employed by or under 137 contract with a developmental disabilities center, as defined in 138 s. 393.063, for dispensing to clients treated in such center. 139 (e) A pharmacist or wholesaler employed by or under 140 contract with a treatment facility, as defined in s. 394.455, 141 for dispensing to patients treated in such facility. 142 (8) DISTRIBUTION REQUIREMENTS.—Eligible Canadian suppliers 143 and eligible importers participating under the program: 144 (a) Must comply with the tracking and tracing requirements 145 of 21 U.S.C. ss. 360eee et seq. 146 (b) May not distribute, dispense, or sell prescription 147 drugs imported under the program outside of the state. 148 (9) FEDERAL APPROVAL.—By July 1, 2020, the agency shall 149 submit a request to the United States Secretary of Health and 150 Human Services for approval of the program under 21 U.S.C. s. 151 384(l). The agency shall begin operating the program within 6 152 months after receiving such approval. The request must, at a 153 minimum: 154 (a) Describe the agency’s plan for operating the program. 155 (b) Demonstrate how the prescription drugs imported into 156 this state under the program will meet the applicable federal 157 and state standards for safety and effectiveness. 158 (c) Demonstrate how the drugs imported into this state 159 under the program will comply with federal tracing procedures. 160 (d) Include a list of proposed prescription drugs that have 161 the highest potential for cost savings to the state through 162 importation at the time that the request is submitted. 163 (e) Estimate the total cost savings attributable to the 164 program. 165 (f) Provide the costs of program implementation to the 166 state. 167 (g) Include a list of potential Canadian suppliers from 168 which the state would import drugs and demonstrate that the 169 suppliers are in full compliance with relevant Canadian federal 170 and provincial laws and regulations as well as all applicable 171 federal and state laws and regulations. 172 (10) PRESCRIPTION DRUG SUPPLY CHAIN DOCUMENTATION.— 173 (a) The vendor shall ensure the safety and quality of drugs 174 imported under the program. The vendor shall: 175 1. For an initial imported shipment of a specific drug by 176 an importer, ensure that each batch of the drug in the shipment 177 is statistically sampled and tested for authenticity and 178 degradation in a manner consistent with the federal act. 179 2. For every subsequent imported shipment of that drug by 180 that importer, ensure that a statistically valid sample of the 181 shipment is tested for authenticity and degradation in a manner 182 consistent with the federal act. 183 3. Certify that the drug: 184 a. Is approved for marketing in the United States and is 185 not adulterated or misbranded; and 186 b. Meets all of the labeling requirements under 21 U.S.C. 187 s. 352. 188 4. Maintain qualified laboratory records, including 189 complete data derived from all tests necessary to ensure that 190 the drug is in compliance with the requirements of this section. 191 5. Maintain documentation demonstrating that the testing 192 required by this section was conducted at a qualified laboratory 193 in accordance with the federal act and any other applicable 194 federal and state laws and regulations governing laboratory 195 qualifications. 196 (b) All testing required by this section must be conducted 197 in a qualified laboratory that meets the standards under the 198 federal act and any other applicable federal and state laws and 199 regulations governing laboratory qualifications for drug 200 testing. 201 (c) The vendor shall maintain information and documentation 202 submitted under this section for a period of at least 7 years. 203 (d) A participating importer must submit the all of 204 following information to the vendor: 205 1. The name and quantity of the active ingredient of the 206 drug. 207 2. A description of the dosage form of the drug. 208 3. The date on which the drug is received. 209 4. The quantity of the drug that is received. 210 5. The point of origin and destination of the drug. 211 6. The price paid by the importer for the drug. 212 (e) A participating Canadian supplier must submit the 213 following information and documentation to the vendor specifying 214 all of the following: 215 1. The original source of the drug, including: 216 a. The name of the manufacturer of the drug. 217 b. The date on which the drug was manufactured. 218 c. The location (country, state or province, and city) 219 where the drug was manufactured. 220 2. The date on which the drug is shipped. 221 3. The quantity of the drug that is shipped. 222 4. The quantity of each lot of the drug originally received 223 and the source of the lot. 224 5. The lot or control number and the batch number assigned 225 to the drug by the manufacturer. 226 (f) The agency may require that the vendor collect any 227 other information necessary to ensure the protection of the 228 public health. 229 (11) IMMEDIATE SUSPENSION.—The agency shall immediately 230 suspend the importation of a specific drug or the importation of 231 drugs by a specific importer if it discovers that any drug or 232 activity is in violation of this section or any federal or state 233 law or regulation. The agency may revoke the suspension if, 234 after conducting an investigation, it determines that the public 235 is adequately protected from counterfeit or unsafe drugs being 236 imported into this state. 237 (12) ANNUAL REPORT.—By December 1 of each year, the agency 238 shall submit a report to the Governor, the President of the 239 Senate, and the Speaker of the House of Representatives on the 240 operation of the program during the previous fiscal year. The 241 report must include, at a minimum: 242 (a) A list of the prescription drugs that were imported 243 under the program; 244 (b) The number of participating entities; 245 (c) The number of prescriptions dispensed through the 246 program; 247 (d) The estimated cost savings during the previous fiscal 248 year and to date attributable the program; 249 (e) A description of the methodology used to determine 250 which drugs should be included on the Wholesale Prescription 251 Drug Importation List; and 252 (f) Documentation as to how the program ensures the 253 following: 254 1. That Canadian suppliers participating in the program are 255 of high quality, high performance, and in full compliance with 256 relevant Canadian federal and provincial laws and regulations as 257 well as all federal laws and regulations and state laws and 258 rules; 259 2. That prescription drugs imported under the program are 260 not shipped, sold, or dispensed outside of this state once in 261 the possession of the importer; 262 3. That prescription drugs imported under the program are 263 pure, unadulterated, potent, and safe; 264 4. That the program does not put consumers at a higher 265 health and safety risk than if the consumer did not participate; 266 and 267 5. That the program provides cost savings to the state on 268 imported prescription drugs. 269 (13) NOTIFICATION OF FEDERAL APPROVAL.—Upon receipt of 270 federal approval of the program, the agency shall notify the 271 President of the Senate, the Speaker of the House of 272 Representatives, and the relevant committees of the Senate and 273 the House of Representatives. After approval is received and 274 before the start of the next regular session of the Legislature 275 in which the proposal could be funded, the agency shall submit 276 to all parties a proposal for program implementation and program 277 funding. 278 (14) RULEMAKING.—The agency shall adopt rules necessary to 279 implement this section. 280 Section 2. Section 465.0157, Florida Statutes, is created 281 to read: 282 465.0157 International export pharmacy permit.— 283 (1) To participate as an exporter of prescription drugs 284 into this state under the International Prescription Drug 285 Importation Program established in s. 499.0285, a pharmacy 286 located outside of the United States must hold an international 287 export pharmacy permit. 288 (2) An international export pharmacy shall maintain at all 289 times an active and unencumbered license or permit to operate 290 the pharmacy in compliance with the laws of the jurisdiction in 291 which the dispensing facility is located and from which the 292 prescription drugs will be exported. Such jurisdiction must be 293 in a country with which the United States has a current mutual 294 recognition agreement, cooperation agreement, memorandum of 295 understanding, or other federal mechanism recognizing the 296 country’s adherence to current good manufacturing practices for 297 pharmaceutical products. 298 (3) An application for an international export pharmacy 299 permit must be submitted on a form developed and provided by the 300 board. The board may require an applicant to provide any 301 information it deems reasonably necessary to carry out the 302 purposes of this section. 303 (4) An applicant shall submit the following to the board to 304 obtain an initial permit, or to the department to renew a 305 permit: 306 (a) Proof of an active and unencumbered license or permit 307 to operate the pharmacy in compliance with the laws of the 308 jurisdiction in which the dispensing facility is located and 309 from which the prescription drugs will be exported. 310 (b) Documentation demonstrating that the country in which 311 the pharmacy operates has a current mutual recognition 312 agreement, cooperation agreement, memorandum of understanding, 313 or other federal mechanism recognizing the country’s adherence 314 to current good manufacturing practices for pharmaceutical 315 products. 316 (c) The department shall adopt rules governing the 317 financial responsibility of the pharmacy permittee. The rules 318 must establish, at a minimum, financial reporting requirements, 319 standards for financial capability to perform the functions 320 governed by the permit, and requirements for ensuring permittees 321 and their contractors can be held accountable for the financial 322 consequences of any act of malfeasance or misfeasance or 323 fraudulent or dishonest act or acts committed by the permittee 324 or its contractors. 325 (d) The location, names, and titles of all principal 326 corporate officers and the pharmacist who serves as the 327 prescription department manager for prescription drugs exported 328 into this state under the International Prescription Drug 329 Importation Program. 330 (e) Written attestation by an owner or officer of the 331 applicant, and by the applicant’s prescription department 332 manager, that: 333 1. The attestor has read and understands the laws and rules 334 governing the manufacture, distribution, and dispensing of 335 prescription drugs in this state. 336 2. A prescription drug shipped, mailed, or delivered into 337 this state meets or exceeds this state’s standards for safety 338 and efficacy. 339 3. A prescription drug product shipped, mailed, or 340 delivered into this state must not have been, and may not be, 341 manufactured or distributed in violation of the laws and rules 342 of the jurisdiction in which the applicant is located and from 343 which the prescription drugs shall be exported. 344 (f) A current inspection report from an inspection 345 conducted by the regulatory or licensing agency of the 346 jurisdiction in which the applicant is located. The inspection 347 report must reflect compliance with this section. An inspection 348 report is current if the inspection was conducted within 6 349 months before the date of submitting the application for the 350 initial permit or within 1 year before the date of submitting an 351 application for permit renewal. If the applicant is unable to 352 submit a current inspection report conducted by the regulatory 353 or licensing agency of the jurisdiction in which the applicant 354 is located and from which the prescription drugs will be 355 exported, due to acceptable circumstances, as established by 356 rule, or if an inspection has not been performed, the department 357 must: 358 1. Conduct, or contract with an entity to conduct, an 359 onsite inspection, with all related costs borne by the 360 applicant; 361 2. Accept a current and satisfactory inspection report, as 362 determined by rule, from an entity approved by the board; or 363 3. Accept a current inspection report from the United 364 States Food and Drug Administration conducted pursuant to the 365 federal Drug Quality and Security Act, Pub. L. No. 113-54. 366 Section 3. Subsection (2) of section 465.017, Florida 367 Statutes, is amended to read: 368 465.017 Authority to inspect; disposal.— 369 (2) Duly authorized agents and employees of the department 370 may inspect a nonresident pharmacy registered under s. 465.0156, 371 an international export pharmacy permittee under s. 465.0157, or 372 a nonresident sterile compounding permittee under s. 465.0158 373 pursuant to this section. The costs of such inspections shall be 374 borne by such pharmacy or permittee. 375 Section 4. Subsection (20) of section 499.005, Florida 376 Statutes, is amended to read: 377 499.005 Prohibited acts.—It is unlawful for a person to 378 perform or cause the performance of any of the following acts in 379 this state: 380 (20) The importation of a prescription drug except as 381 provided by s. 801(d) of the Federal Food, Drug, and Cosmetic 382 Act or s. 499.0285. 383 Section 5. Paragraph (e) of subsection (12) of section 384 499.0051, Florida Statutes, is amended to read: 385 499.0051 Criminal acts.— 386 (12) REFUSAL TO ALLOW INSPECTION; SELLING, PURCHASING, OR 387 TRADING DRUG SAMPLES; FAILURE TO MAINTAIN RECORDS RELATING TO 388 PRESCRIPTION DRUGS.—Any person who violates any of the following 389 provisions commits a felony of the third degree, punishable as 390 provided in s. 775.082, s. 775.083, or s. 775.084, or as 391 otherwise provided in this part: 392 (e) The importation of a prescription drug for wholesale 393 distribution, except as provided by s. 801(d) of the Federal 394 Food, Drug, and Cosmetic Act or s. 499.0285. 395 Section 6. Subsection (1) and paragraph (c) of subsection 396 (2) of section 499.01, Florida Statutes, are amended, and 397 paragraph (s) is added to subsection (2) of that section, to 398 read: 399 499.01 Permits.— 400 (1) Before operating, a permit is required for each person 401 and establishment that intends to operate as: 402 (a) A prescription drug manufacturer; 403 (b) A prescription drug repackager; 404 (c) A nonresident prescription drug manufacturer; 405 (d) A nonresident prescription drug repackager; 406 (e) A prescription drug wholesale distributor; 407 (f) An out-of-state prescription drug wholesale 408 distributor; 409 (g) A retail pharmacy drug wholesale distributor; 410 (h) A restricted prescription drug distributor; 411 (i) A complimentary drug distributor; 412 (j) A freight forwarder; 413 (k) A veterinary prescription drug retail establishment; 414 (l) A veterinary prescription drug wholesale distributor; 415 (m) A limited prescription drug veterinary wholesale 416 distributor; 417 (n) An over-the-counter drug manufacturer; 418 (o) A device manufacturer; 419 (p) A cosmetic manufacturer; 420 (q) A third party logistics provider;or421 (r) A health care clinic establishment; or 422 (s) An international prescription drug wholesale 423 distributor. 424 (2) The following permits are established: 425 (c) Nonresident prescription drug manufacturer permit.—A 426 nonresident prescription drug manufacturer permit is required 427 for any person that is a manufacturer of prescription drugs, 428 unless permitted as a third party logistics provider, located 429 outside of this state or outside the United States and that 430 engages in the distribution in this state of such prescription 431 drugs. Each such manufacturer must be permitted by the 432 department and comply with all of the provisions required of a 433 prescription drug manufacturer under this part. The department 434 shall adopt rules for issuing a virtual nonresident prescription 435 drug manufacturer permit to a person who engages in the 436 manufacture of prescription drugs but does not make or take 437 physical possession of any prescription drugs. The rules adopted 438 by the department under this section may exempt virtual 439 nonresident manufacturers from certain establishment, security, 440 and storage requirements set forth in s. 499.0121. 441 1. A person that distributes prescription drugs for which 442 the person is not the manufacturer must also obtain an out-of 443 state prescription drug wholesale distributor permit, an 444 international prescription drug wholesale distributor permit, or 445 third party logistics provider permit pursuant to this section 446 to engage in the distribution of such prescription drugs when 447 required by this part. This subparagraph does not apply to a 448 manufacturer that distributes prescription drugs only for the 449 manufacturer of the prescription drugs where both manufacturers 450 are affiliates. 451 2. Any such person must comply with the licensing or 452 permitting requirements of the jurisdiction in which the 453 establishment is located and the federal act, and any 454 prescription drug distributed into this state must comply with 455 this part. If a person intends to import prescription drugs from 456 a foreign country into this state, the nonresident prescription 457 drug manufacturer must provide to the department a list 458 identifying each prescription drug it intends to import and 459 document approval by the United States Food and Drug 460 Administration for such importation. 461 3.a. A nonresident prescription drug manufacturer that has 462 registered to participate in the International Prescription Drug 463 Importation Program pursuant to this section is not required to 464 provide the list and approval required by subparagraph 2. for 465 prescription drugs imported under that program. 466 b. To participate as an exporter of prescription drugs into 467 this state under the International Prescription Drug Importation 468 Program established under s. 499.0285, a nonresident 469 prescription drug manufacturer located outside of the United 470 States must register with the Department of Business and 471 Professional Regulation before engaging in any activities under 472 that section. Such manufacturer must be licensed or permitted in 473 a country with which the United States has a current mutual 474 recognition agreement, cooperation agreement, memorandum of 475 understanding, or other federal mechanism recognizing the 476 country’s adherence to current good manufacturing practices for 477 pharmaceutical products. 478 c. The department shall adopt rules governing the financial 479 responsibility of a nonresident prescription drug manufacturer 480 licensee or permittee. The rules will establish, at a minimum, 481 financial reporting requirements, standards for financial 482 capability to perform the functions governed by the permit, and 483 requirements for ensuring permittees and their contractors can 484 be held accountable for the financial consequences of any act of 485 malfeasance or misfeasance or fraudulent or dishonest act or 486 acts committed by the permittee or its contractors. 487 (s) International prescription drug wholesale distributor.— 488 1. A wholesale distributor located outside of the United 489 States must obtain an international prescription drug wholesale 490 distributor permit to engage in the wholesale exportation and 491 distribution of prescription drugs in the state under the 492 International Prescription Drug Importation Program established 493 in s. 499.0285. The wholesale distributor must be licensed or 494 permitted to operate in a country with which the United States 495 has a mutual recognition agreement, cooperation agreement, 496 memorandum of understanding, or other federal mechanism 497 recognizing the country’s adherence to current good 498 manufacturing practices for pharmaceutical products. The 499 wholesale distributor must maintain at all times a license or 500 permit to engage in the wholesale distribution of prescription 501 drugs in compliance with the laws of the jurisdiction in which 502 it operates. An international prescription drug wholesale 503 distributor permit may not be issued to a wholesale distributor 504 if the jurisdiction in which the wholesale distributor operates 505 does not require a license to engage in the wholesale 506 distribution of prescription drugs. 507 2. The department shall adopt rules governing the financial 508 responsibility of an international prescription drug wholesale 509 distributor permittee. The rules will establish, at a minimum, 510 financial reporting requirements, standards for financial 511 capability to perform the functions governed by the permit, and 512 requirements for ensuring permittees and their contractors can 513 be held accountable for the financial consequences of any act of 514 malfeasance or misfeasance or fraudulent or dishonest act or 515 acts committed by the permittee or its contractors. 516 Section 7. Subsection (2), paragraph (a) of subsection (4), 517 subsections (8), (10), (11), and (14), and paragraphs (a), (b), 518 and (f) of subsection (15) of section 499.012, Florida Statutes, 519 are amended to read: 520 499.012 Permit application requirements.— 521 (2) Notwithstanding subsection (6), a permitted person in 522 good standing may change the type of permit issued to that 523 person by completing a new application for the requested permit, 524 paying the amount of the difference in the permit fees if the 525 fee for the new permit is more than the fee for the original 526 permit, and meeting the applicable permitting conditions for the 527 new permit type. The new permit expires on the expiration date 528 of the original permit being changed; however, a new permit for 529 a prescription drug wholesale distributor, an out-of-state 530 prescription drug wholesale distributor, an international 531 prescription drug wholesale distributor, or a retail pharmacy 532 drug wholesale distributor shall expire on the expiration date 533 of the original permit or 1 year after the date of issuance of 534 the new permit, whichever is earlier. A refund may not be issued 535 if the fee for the new permit is less than the fee that was paid 536 for the original permit. 537 (4)(a) Except for a permit for a prescription drug 538 wholesale distributor, an international prescription drug 539 wholesale distributor, or an out-of-state prescription drug 540 wholesale distributor, an application for a permit must include: 541 1. The name, full business address, and telephone number of 542 the applicant; 543 2. All trade or business names used by the applicant; 544 3. The address, telephone numbers, and the names of contact 545 persons for each facility used by the applicant for the storage, 546 handling, and distribution of prescription drugs; 547 4. The type of ownership or operation, such as a 548 partnership, corporation, or sole proprietorship; and 549 5. The names of the owner and the operator of the 550 establishment, including: 551 a. If an individual, the name of the individual; 552 b. If a partnership, the name of each partner and the name 553 of the partnership; 554 c. If a corporation, the name and title of each corporate 555 officer and director, the corporate names, and the name of the 556 state of incorporation; 557 d. If a sole proprietorship, the full name of the sole 558 proprietor and the name of the business entity; 559 e. If a limited liability company, the name of each member, 560 the name of each manager, the name of the limited liability 561 company, and the name of the state in which the limited 562 liability company was organized; and 563 f. Any other relevant information that the department 564 requires. 565 (8) An application for a permit or to renew a permit for a 566 prescription drug wholesale distributor, an international 567 prescription drug wholesale distributor, or an out-of-state 568 prescription drug wholesale distributor submitted to the 569 department must include: 570 (a) The name, full business address, and telephone number 571 of the applicant. 572 (b) All trade or business names used by the applicant. 573 (c) The address, telephone numbers, and the names of 574 contact persons for each facility used by the applicant for the 575 storage, handling, and distribution of prescription drugs. 576 (d) The type of ownership or operation, such as a 577 partnership, corporation, or sole proprietorship. 578 (e) The names of the owner and the operator of the 579 establishment, including: 580 1. If an individual, the name of the individual. 581 2. If a partnership, the name of each partner and the name 582 of the partnership. 583 3. If a corporation: 584 a. The name, address, and title of each corporate officer 585 and director. 586 b. The name and address of the corporation, resident agent 587 of the corporation, the resident agent’s address, and the 588 corporation’s state of incorporation. 589 c. The name and address of each shareholder of the 590 corporation that owns 5 percent or more of the outstanding stock 591 of the corporation. 592 4. If a sole proprietorship, the full name of the sole 593 proprietor and the name of the business entity. 594 5. If a limited liability company: 595 a. The name and address of each member. 596 b. The name and address of each manager. 597 c. The name and address of the limited liability company, 598 the resident agent of the limited liability company, and the 599 name of the state in which the limited liability company was 600 organized. 601 (f) If applicable, the name and address of each affiliate 602 of the applicant. 603 (g) The applicant’s gross annual receipts attributable to 604 prescription drug wholesale distribution activities for the 605 previous tax year. 606 (h) The tax year of the applicant. 607 (i) A copy of the deed for the property on which 608 applicant’s establishment is located, if the establishment is 609 owned by the applicant, or a copy of the applicant’s lease for 610 the property on which applicant’s establishment is located that 611 has an original term of not less than 1 calendar year, if the 612 establishment is not owned by the applicant. 613 (j) A list of all licenses and permits issued to the 614 applicant by any other state or jurisdiction which authorize the 615 applicant to purchase or possess prescription drugs. 616 (k) The name of the manager of the establishment that is 617 applying for the permit or to renew the permit, the next four 618 highest ranking employees responsible for prescription drug 619 wholesale operations for the establishment, and the name of all 620 affiliated parties for the establishment, together with the 621 personal information statement and fingerprints required 622 pursuant to subsection (9) for each of such persons. 623 (l) The name of each of the applicant’s designated 624 representatives as required by subsection (15), together with 625 the personal information statement and fingerprints required 626 pursuant to subsection (9) for each such person. 627 (m) Evidence of a surety bond in this state or any other 628 state in the United States in the amount of $100,000. If the 629 annual gross receipts of the applicant’s previous tax year are 630 $10 million or less, evidence of a surety bond in the amount of 631 $25,000. The specific language of the surety bond must include 632 the State of Florida as a beneficiary, payable to the 633 Professional Regulation Trust Fund. In lieu of the surety bond, 634 the applicant may provide other equivalent security such as an 635 irrevocable letter of credit, or a deposit in a trust account or 636 financial institution, which includes the State of Florida as a 637 beneficiary, payable to the Professional Regulation Trust Fund. 638 The purpose of the bond or other security is to secure payment 639 of any administrative penalties imposed by the department and 640 any fees and costs incurred by the department regarding that 641 permit which are authorized under state law and which the 642 permittee fails to pay 30 days after the fine or costs become 643 final. The department may make a claim against such bond or 644 security until 1 year after the permittee’s license ceases to be 645 valid or until 60 days after any administrative or legal 646 proceeding authorized in this part which involves the permittee 647 is concluded, including any appeal, whichever occurs later. 648 (n) For establishments used in wholesale distribution, 649 proof of an inspection conducted by the department, the United 650 States Food and Drug Administration, or another governmental 651 entity charged with the regulation of good manufacturing 652 practices related to wholesale distribution of prescription 653 drugs, within timeframes set forth by the department in 654 departmental rules, which demonstrates substantial compliance 655 with current good manufacturing practices applicable to 656 wholesale distribution of prescription drugs. The department may 657 recognize another state’s or jurisdiction’s inspection of a 658 wholesale distributor located in that state or jurisdiction if 659 such state’s or jurisdiction’s laws are deemed to be 660 substantially equivalent to the law of this state by the 661 department. The department may accept an inspection by a third 662 party accreditation or inspection service which meets the 663 criteria set forth in department rule. 664 (o) Any other relevant information that the department 665 requires. 666 (p) Documentation of the credentialing policies and 667 procedures required by s. 499.0121(15). 668 (q) For international prescription drug wholesale 669 distributors and nonresident prescription drug manufacturers to 670 participate in the International Prescription Drug Importation 671 Program established under s. 499.0285, documentation 672 demonstrating that the applicant is appropriately licensed or 673 permitted by a country with which the United States has a mutual 674 recognition agreement, cooperation agreement, memorandum of 675 understanding, or other mechanism recognizing the country’s 676 adherence to current good manufacturing practices for 677 pharmaceutical products. 678 (10) The department may deny an application for a permit or 679 refuse to renew a permit for a prescription drug wholesale 680 distributor, an international prescription drug wholesale 681 distributor, or an out-of-state prescription drug wholesale 682 distributor if: 683 (a) The applicant has not met the requirements for the 684 permit. 685 (b) The management, officers, or directors of the applicant 686 or any affiliated party are found by the department to be 687 incompetent or untrustworthy. 688 (c) The applicant is so lacking in experience in managing a 689 wholesale distributor as to make the issuance of the proposed 690 permit hazardous to the public health. 691 (d) The applicant is so lacking in experience in managing a 692 wholesale distributor as to jeopardize the reasonable promise of 693 successful operation of the wholesale distributor. 694 (e) The applicant is lacking in experience in the 695 distribution of prescription drugs. 696 (f) The applicant’s past experience in manufacturing or 697 distributing prescription drugs indicates that the applicant 698 poses a public health risk. 699 (g) The applicant is affiliated directly or indirectly 700 through ownership, control, or other business relations, with 701 any person or persons whose business operations are or have been 702 detrimental to the public health. 703 (h) The applicant, or any affiliated party, has been found 704 guilty of or has pleaded guilty or nolo contendere to any felony 705 or crime punishable by imprisonment for 1 year or more under the 706 laws of the United States, any state, or any other country, 707 regardless of whether adjudication of guilt was withheld. 708 (i) The applicant or any affiliated party has been charged 709 with a felony in a state or federal court and the disposition of 710 that charge is pending during the application review or renewal 711 review period. 712 (j) The applicant has furnished false or fraudulent 713 information or material in any application made in this state or 714 any other state in connection with obtaining a permit or license 715 to manufacture or distribute drugs, devices, or cosmetics. 716 (k) That a federal, state, or local government permit 717 currently or previously held by the applicant, or any affiliated 718 party, for the manufacture or distribution of any drugs, 719 devices, or cosmetics has been disciplined, suspended, or 720 revoked and has not been reinstated. 721 (l) The applicant does not possess the financial or 722 physical resources to operate in compliance with the permit 723 being sought, this chapter, and the rules adopted under this 724 chapter. 725 (m) The applicant or any affiliated party receives, 726 directly or indirectly, financial support and assistance from a 727 person who was an affiliated party of a permittee whose permit 728 was subject to discipline or was suspended or revoked, other 729 than through the ownership of stock in a publicly traded company 730 or a mutual fund. 731 (n) The applicant or any affiliated party receives, 732 directly or indirectly, financial support and assistance from a 733 person who has been found guilty of any violation of this part 734 or chapter 465, chapter 501, or chapter 893, any rules adopted 735 under this part or those chapters, any federal or state drug 736 law, or any felony where the underlying facts related to drugs, 737 regardless of whether the person has been pardoned, had her or 738 his civil rights restored, or had adjudication withheld, other 739 than through the ownership of stock in a publicly traded company 740 or a mutual fund. 741 (o) The applicant for renewal of a permit under s. 742 499.01(2)(e) or (f) has not actively engaged in the wholesale 743 distribution of prescription drugs, as demonstrated by the 744 regular and systematic distribution of prescription drugs 745 throughout the year as evidenced by not fewer than 12 wholesale 746 distributions in the previous year and not fewer than three 747 wholesale distributions in the previous 6 months. 748 (p) Information obtained in response to s. 499.01(2)(e) or 749 (f) demonstrates it would not be in the best interest of the 750 public health, safety, and welfare to issue a permit. 751 (q) The applicant does not possess the financial standing 752 and business experience for the successful operation of the 753 applicant. 754 (r) The applicant or any affiliated party has failed to 755 comply with the requirements for manufacturing or distributing 756 prescription drugs under this part, similar federal laws, 757 similar laws in other states, or the rules adopted under such 758 laws. 759 (11) Upon approval of the application by the department and 760 payment of the required fee, the department shall issue or renew 761 a prescription drug wholesale distributor, an international 762 prescription drug wholesale distributor, or an out-of-state 763 prescription drug wholesale distributor permit to the applicant. 764 (14) The name of a permittee or establishment on a 765 prescription drug wholesale distributor permit, an international 766 prescription drug wholesale distributor permit, or an out-of 767 state prescription drug wholesale distributor permit may not 768 include any indicia of attainment of any educational degree, any 769 indicia that the permittee or establishment possesses a 770 professional license, or any name or abbreviation that the 771 department determines is likely to cause confusion or mistake or 772 that the department determines is deceptive, including that of 773 any other entity authorized to purchase prescription drugs. 774 (15)(a) Each establishment that is issued an initial or 775 renewal permit as a prescription drug wholesale distributor, an 776 international prescription drug wholesale distributor, or an 777 out-of-state prescription drug wholesale distributor must 778 designate in writing to the department at least one natural 779 person to serve as the designated representative of the 780 wholesale distributor. Such person must have an active 781 certification as a designated representative from the 782 department. 783 (b) To be certified as a designated representative, a 784 natural person must: 785 1. Submit an application on a form furnished by the 786 department and pay the appropriate fees. 787 2. Be at least 18 years of age. 788 3. Have at least 2 years of verifiable full-time: 789 a. Work experience in a pharmacy licensed in this state or 790 another state or jurisdiction, where the person’s 791 responsibilities included, but were not limited to, 792 recordkeeping for prescription drugs; 793 b. Managerial experience with a prescription drug wholesale 794 distributor licensed in this state or in another state or 795 jurisdiction; or 796 c. Managerial experience with the United States Armed 797 Forces, where the person’s responsibilities included, but were 798 not limited to, recordkeeping, warehousing, distributing, or 799 other logistics services pertaining to prescription drugs. 800 4. Receive a passing score of at least 75 percent on an 801 examination given by the department regarding federal laws 802 governing distribution of prescription drugs and this part and 803 the rules adopted by the department governing the wholesale 804 distribution of prescription drugs. This requirement shall be 805 effective 1 year after the results of the initial examination 806 are mailed to the persons that took the examination. The 807 department shall offer such examinations at least four times 808 each calendar year. 809 5. Provide the department with a personal information 810 statement and fingerprints pursuant to subsection (9). 811 (f) A wholesale distributor may not operate under a 812 prescription drug wholesale distributor permit, an international 813 prescription drug wholesale distributor permit, or an out-of 814 state prescription drug wholesale distributor permit for more 815 than 10 business days after the designated representative leaves 816 the employ of the wholesale distributor, unless the wholesale 817 distributor employs another designated representative and 818 notifies the department within 10 business days of the identity 819 of the new designated representative. 820 Section 8. Subsection (1) of section 499.015, Florida 821 Statutes, is amended to read: 822 499.015 Registration of drugs and devices; issuance of 823 certificates of free sale.— 824 (1)(a) Except for those persons exempted from the 825 definition of manufacturer in s. 499.003, any person who 826 manufactures, packages, repackages, labels, or relabels a drug 827 or device in this state must register such drug or device 828 biennially with the department; pay a fee in accordance with the 829 fee schedule provided by s. 499.041; and comply with this 830 section. The registrant must list each separate and distinct 831 drug or device at the time of registration. 832 (b) The department may not register any product that does 833 not comply with the Federal Food, Drug, and Cosmetic Act, as 834 amended, or Title 21 C.F.R. Registration of a product by the 835 department does not mean that the product does in fact comply 836 with all provisions of the Federal Food, Drug, and Cosmetic Act, 837 as amended. 838 (c) Registration under this section is not required for 839 prescription drugs imported under the International Prescription 840 Drug Importation Program established in s. 499.0285. 841 Section 9. Subsections (1) and (3) of section 499.065, 842 Florida Statutes, are amended to read: 843 499.065 Inspections; imminent danger.— 844 (1) Notwithstanding s. 499.051, the department shall 845 inspect each prescription drug wholesale distributor 846 establishment, international prescription drug wholesale 847 distributor establishment, prescription drug repackager 848 establishment, veterinary prescription drug wholesale 849 distributor establishment, limited prescription drug veterinary 850 wholesale distributor establishment, and retail pharmacy drug 851 wholesale distributor establishment that is required to be 852 permitted under this part as often as necessary to ensure 853 compliance with applicable laws and rules. The department shall 854 have the right of entry and access to these facilities at any 855 reasonable time. 856 (3) The department may determine that a prescription drug 857 wholesale distributor establishment, international prescription 858 drug wholesale distributor establishment, prescription drug 859 repackager establishment, veterinary prescription drug wholesale 860 distributor establishment, limited prescription drug veterinary 861 wholesale distributor establishment, or retail pharmacy drug 862 wholesale distributor establishment that is required to be 863 permitted under this part is an imminent danger to the public 864 health and shall require its immediate closure if the 865 establishment fails to comply with applicable laws and rules 866 and, because of the failure, presents an imminent threat to the 867 public’s health, safety, or welfare. Any establishment so deemed 868 and closed shall remain closed until allowed by the department 869 or by judicial order to reopen. 870 Section 10. Section 499.0285, Florida Statutes, is created 871 to read: 872 499.0285 International Prescription Drug Importation 873 Program.— 874 (1) PROGRAM ESTABLISHED.—The department shall establish a 875 program for the importation of safe and effective prescription 876 drugs from foreign nations with which the United States has 877 current mutual recognition agreements, cooperation agreements, 878 memoranda of understanding, or other federal mechanisms 879 recognizing their adherence to current good manufacturing 880 practices for pharmaceutical products. 881 (2) DEFINITIONS.—As used in this section, the term: 882 (a) “Exporter” means an international prescription drug 883 wholesale distributor, a nonresident prescription drug 884 manufacturer registered to participate in the program, or an 885 international export pharmacy that exports prescription drugs 886 into this state under the program. 887 (b) “Federal Act” means the Federal Food, Drug, and 888 Cosmetic Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq. 889 as amended by the Drug Quality and Security Act, 21 U.S.C. 351 890 et seq. 891 (c) “Foreign recipient” means an entity other than the 892 original prescription drug manufacturer which receives the 893 prescription drug before its importation into this state under 894 the program. 895 (d) “Good manufacturing practice” refers to the good 896 manufacturing practice regulations in 21 C.F.R. parts 210 and 897 211. 898 (e) “Importer” means a wholesale distributor, pharmacy, or 899 pharmacist importing prescription drugs into this state under 900 the program. 901 (f) “International export pharmacy” means a pharmacy 902 located outside of the United States which holds an active and 903 unencumbered permit under chapter 465 to export prescription 904 drugs into this state under the program. 905 (g) “International prescription drug wholesale distributor” 906 means a prescription drug wholesale distributor located outside 907 of the United States which holds an active and unencumbered 908 permit under this part to export and distribute prescription 909 drugs into this state under the program. 910 (h) “Nonresident prescription drug manufacturer” means an 911 entity located outside of the United States which holds an 912 active and unencumbered permit under this part to manufacture 913 prescription drugs and has registered with the department to 914 export and distribute such prescription drugs into this state 915 under the program. 916 (i) “Pharmacist” means a person who holds an active and 917 unencumbered license to practice pharmacy under chapter 465. 918 (j) “Pharmacy” means an entity that holds an active and 919 unencumbered permit under chapter 465. 920 (k) “Prescription drug” has the same meaning as defined in 921 this part, but is limited to drugs intended for human use. 922 (l) “Program” means the International Prescription Drug 923 Importation Program established under this section. 924 (m) “Qualified laboratory” means a laboratory that has been 925 approved by the department for the purposes of this section. 926 (3) ELIGIBLE PRESCRIPTION DRUGS.—An eligible importer may 927 import a prescription drug from an eligible exporter if: 928 (a) The drug meets the United States Food and Drug 929 Administration’s standards related to safety, effectiveness, 930 misbranding, and adulteration; 931 (b) Importing the drug would not violate the patent laws of 932 the United States; and 933 (c) The drug is not: 934 1. A controlled substance as defined in 21 U.S.C. s. 802; 935 2. A biological product as defined in 42 U.S.C. s. 262; 936 3. An infused drug; 937 4. An intravenously injected drug; 938 5. A drug that is inhaled during surgery; or 939 6. A drug that is a parenteral drug, the importation of 940 which is determined by the United States Secretary of Health and 941 Human Services to pose a threat to the public health. 942 (4) EXPORTERS.— 943 (a) The following entities may export prescription drugs 944 into this state under the program: 945 1. An international prescription drug wholesale 946 distributor. 947 2. A nonresident prescription drug manufacturer. 948 3. An international export pharmacy. 949 (b) An eligible exporter must register with the department 950 before exporting prescription drugs into this state under the 951 program. 952 (c) An exporter may not distribute, sell, or dispense 953 prescription drugs imported under the program to any person 954 residing outside of the state. 955 (5) IMPORTERS.— 956 (a) The following entities may import prescription drugs 957 under the program: 958 1. A wholesale distributor. 959 2. A pharmacy. 960 3. A pharmacist. 961 (b) An eligible importer must register with the department 962 before importing prescription drugs into this state under the 963 program. 964 (c) An importer may not distribute, sell, or dispense 965 prescription drugs imported under the program to any person 966 residing outside of the state. 967 (6) PRESCRIPTION DRUG SUPPLY CHAIN DOCUMENTATION.— 968 (a) A participating importer must submit the following 969 information and documentation to the department: 970 1. The name and quantity of the active ingredient of the 971 prescription drug. 972 2. A description of the dosage form of the prescription 973 drug. 974 3. The date on which the prescription drug is shipped. 975 4. The quantity of the prescription drug that is shipped. 976 5. The point of origin and destination of the prescription 977 drug. 978 6. The price paid by the importer for the prescription 979 drug. 980 7. Documentation from the exporter specifying: 981 a. The original source of the prescription drug; and 982 b. The quantity of each lot of the prescription drug 983 originally received by the seller from that source. 984 8. The lot or control number assigned to the prescription 985 drug by the manufacturer. 986 9. The name, address, telephone number, and professional 987 license or permit number of the importer. 988 10. In the case of a prescription drug that is shipped 989 directly by the first foreign recipient from the manufacturer: 990 a. Documentation demonstrating that the prescription drug 991 was received by the recipient from the manufacturer and 992 subsequently shipped by the first foreign recipient to the 993 importer. 994 b. Documentation of the quantity of each lot of the 995 prescription drug received by the first foreign recipient 996 demonstrating that the quantity being imported into this state 997 is not more than the quantity that was received by the first 998 foreign recipient. 999 c. For an initial imported shipment, documentation 1000 demonstrating that each batch of the prescription drug in the 1001 shipment was statistically sampled and tested for authenticity 1002 and degradation. 1003 11. In the case of a prescription drug that is not shipped 1004 directly from the first foreign recipient, documentation 1005 demonstrating that each batch in each shipment offered for 1006 importation into this state was statistically sampled and tested 1007 for authenticity and degradation. 1008 12. For an initial imported shipment of a specific drug by 1009 an importer, the department shall ensure that each batch of the 1010 drug in the shipment is statistically sampled and tested for 1011 authenticity and degradation in a manner consistent with the 1012 federal act. The agency may contract with a vendor for these 1013 functions. 1014 13. For every subsequent imported shipment of that drug by 1015 that importer, the department shall ensure that a statistically 1016 valid sample of the shipment was tested for authenticity and 1017 degradation in a manner consistent with the federal act. 1018 14. Certify that the drug: 1019 a. Is approved for marketing in the United States and is 1020 not adulterated or misbranded; and 1021 b. Meets all of the labeling requirements under 21 U.S.C. 1022 s. 352. 1023 15. Maintain qualified laboratory records, including 1024 complete data derived from all tests necessary to ensure that 1025 the drug is in compliance with the requirements of this section. 1026 16. Maintain documentation demonstrating that the testing 1027 required by this section was conducted at a qualified laboratory 1028 in accordance with the federal act and any other applicable 1029 federal and state laws and regulations governing laboratory 1030 qualifications. 1031 (b) All testing required by this section must be conducted 1032 in a qualified laboratory that meets the standards under the 1033 federal act and any other applicable federal and state laws and 1034 regulations governing laboratory qualifications for drug 1035 testing. 1036 (c) The vendor shall maintain information and documentation 1037 submitted under this section for a period of at least 7 years. 1038 (d) A participating importer must submit the all of 1039 following information to the department: 1040 1. The name and quantity of the active ingredient of the 1041 drug. 1042 2. A description of the dosage form of the drug. 1043 3. The date on which the drug is received. 1044 4. The quantity of the drug that is received. 1045 5. The point of origin and destination of the drug. 1046 6. The price paid by the importer for the drug. 1047 (e) A participating International Importation Drug supplier 1048 must submit the following information and documentation to the 1049 agency or the agency’s designated vendor specifying all of the 1050 following: 1051 1. The original source of the drug, including: 1052 a. The name of the manufacturer of the drug. 1053 b. The date on which the drug was manufactured. 1054 c. The location (country, state or province, and city) 1055 where the drug was manufactured. 1056 2. The date on which the drug is shipped. 1057 3. The quantity of the drug that is shipped. 1058 4. The quantity of each lot of the drug originally received 1059 and from which source. 1060 5. The lot or control number and the batch number assigned 1061 to the drug by the manufacturer. 1062 6. The name, address, and telephone number, and 1063 professional license or permit number of the importer. 1064 (f) The department may require any other information 1065 necessary to ensure the protection of the public health. 1066 (7) IMMEDIATE SUSPENSION.—The department shall immediately 1067 suspend the importation of a specific prescription drug or the 1068 importation of prescription drugs by a specific importer if it 1069 discovers that any prescription drug or activity is in violation 1070 of this section. The department may revoke the suspension if, 1071 after conducting an investigation, it determines that the public 1072 is adequately protected from counterfeit or unsafe prescription 1073 drugs being imported into this state. 1074 (8) RULEMAKING AUTHORITY.—The department shall adopt rules 1075 necessary to implement this section. 1076 Section 11. Notwithstanding the Federal Food, Drug, and 1077 Cosmetic Act, the Department of Business and Professional 1078 Regulation, in collaboration with the Department of Health, 1079 shall negotiate a federal arrangement to operate a pilot program 1080 for importing prescription drugs into this state. The proposal 1081 to operate such a pilot program shall demonstrate that the 1082 program sets safety standards consistent with the current 1083 federal requirements for the manufacturing and distribution of 1084 prescription drugs; limits the importation of prescription drugs 1085 under the program to entities licensed or permitted by the state 1086 to manufacture, distribute, or dispense prescription drugs; and 1087 includes inspection and enforcement authority. Implementation of 1088 sections 2 through 10 of this act is contingent upon 1089 authorization granted under federal law, rule, or approval. The 1090 department shall notify the President of the Senate, the Speaker 1091 of the House of Representatives, and the relevant committees of 1092 the Senate and the House of Representatives before 1093 implementation of the pilot program. The department shall submit 1094 to all parties a proposal for program implementation and program 1095 funding. 1096 Section 12. This act shall take effect July 1, 2019. 1097 1098 ================= T I T L E A M E N D M E N T ================ 1099 And the title is amended as follows: 1100 Delete everything before the enacting clause 1101 and insert: 1102 A bill to be entitled 1103 An act relating to prescription drug importation 1104 programs; creating s. 381.02035, F.S.; requiring the 1105 Agency for Health Care Administration to establish the 1106 Canadian Prescription Drug Importation Program; 1107 defining terms; requiring the agency to contract with 1108 a vendor to facilitate wholesale prescription drug 1109 importation under the program; providing 1110 responsibilities for the vendor, including the payment 1111 of a bond; providing eligibility criteria for 1112 prescription drugs, Canadian suppliers, and importers 1113 under the program; authorizing a Canadian supplier to 1114 export drugs into this state under the program under 1115 certain circumstances; providing eligibility criteria 1116 and requirements for drug importers; requiring 1117 participating Canadian suppliers and importers to 1118 comply with specified federal requirements for 1119 distributing prescription drugs imported under the 1120 program; prohibiting Canadian suppliers and importers 1121 from distributing, dispensing, or selling prescription 1122 drugs imported under the program outside of this 1123 state; requiring the agency to request federal 1124 approval of the program; requiring the request to 1125 include certain information; requiring the agency to 1126 begin operating the program within a specified 1127 timeframe after receiving federal approval; providing 1128 certain documentation requirements; requiring the 1129 agency to suspend the importation of drugs in 1130 violation of this section or any federal or state law 1131 or regulation; authorizing the agency to revoke the 1132 suspension under certain circumstances; requiring the 1133 agency to submit an annual report to the Governor and 1134 the Legislature by a specified date; providing 1135 requirements for such report; requiring the agency to 1136 notify the Legislature upon federal approval of the 1137 program and to submit a proposal to the Legislature 1138 for program implementation and funding before a 1139 certain date; requiring the agency to adopt necessary 1140 rules; creating s. 465.0157, F.S.; establishing an 1141 international export pharmacy permit for participation 1142 in the International Prescription Drug Importation 1143 Program; providing requirements for permit application 1144 and renewal; requiring the Department of Health to 1145 adopt certain rules governing the financial 1146 responsibility of the pharmacy permittee; amending s. 1147 465.017, F.S.; authorizing the department to inspect 1148 international export pharmacy permittees; amending s. 1149 499.005, F.S.; providing that the importation of a 1150 prescription drug under the International Prescription 1151 Drug Importation Program is not a prohibited act under 1152 that chapter; amending s. 499.0051, F.S.; providing an 1153 exemption from prosecution as a criminal offense for 1154 the importation of a prescription drug for wholesale 1155 distribution under the International Prescription Drug 1156 Importation Program; amending s. 499.01, F.S.; 1157 requiring an international prescription drug wholesale 1158 distributor to be permitted before operating; 1159 requiring nonresident prescription drug manufacturers 1160 to register with the Department of Business and 1161 Professional Regulation to participate in the program; 1162 providing an exception; establishing an international 1163 prescription drug wholesale distributor drug permit; 1164 providing permit requirements; requiring the 1165 Department of Business and Professional Regulation to 1166 adopt certain rules governing the financial 1167 responsibility of nonresident prescription drug 1168 manufacturer licensee or permittee and international 1169 prescription drug wholesale distributor permittees; 1170 amending s. 499.012, F.S.; providing application 1171 requirements for international prescription drug 1172 wholesale distributors and nonresident prescription 1173 drug manufacturers to participate in the program; 1174 amending s. 499.015, F.S.; establishing that 1175 prescription drugs imported under the International 1176 Prescription Drug Importation Program are not required 1177 to be registered under a specified provision; amending 1178 s. 499.065, F.S.; requiring the department to inspect 1179 international prescription drug wholesale distributor 1180 establishments; authorizing the department to 1181 determine that an international prescription drug 1182 wholesale distributor establishment is an imminent 1183 danger to the public and require its immediate closure 1184 under certain conditions; creating s. 499.0285, F.S.; 1185 requiring the department to establish the 1186 International Prescription Drug Importation Program 1187 for a specified purpose; providing definitions; 1188 providing eligibility criteria for prescription drugs, 1189 exporters, and importers under the program; requiring 1190 participating importers to submit certain 1191 documentation to the department for prescription drugs 1192 imported under the program; requiring the department 1193 to immediately suspend the importation of specific 1194 prescription drug or the importation of prescription 1195 drugs by a specific importer if a violation has 1196 occurred under the program; authorizing the department 1197 to revoke such suspension under certain circumstances; 1198 requiring the department to adopt necessary rules; 1199 requiring the agency, in collaboration with the 1200 Department of Business and Professional Regulation and 1201 the Department of Health, to negotiate a federal 1202 arrangement to operate a pilot program for importing 1203 prescription drugs into this state; providing that 1204 implementation of the act is contingent upon the 1205 federal authorization; requiring the department to 1206 notify the Legislature before implementation of the 1207 pilot program and to submit a proposal for pilot 1208 program implementation and funding; providing an 1209 effective date.