Amendment
Bill No. 1838
Amendment No. 569961
CHAMBER ACTION
Senate House
.
.
.






1Representative Bean offered the following:
2
3     Amendment (with title amendment)
4     On page 3, between lines 19 and 20,
5
6insert:
7     Section 3.  Subsection (29) of section 499.005, Florida
8Statutes, is amended to read:
9     499.005  Prohibited acts.--It is unlawful for a person to
10perform or cause the performance of any of the following acts in
11this state:
12     (29)  The receipt of a prescription drug pursuant to a
13wholesale distribution without either first receiving a pedigree
14paper that was attested to as accurate and complete by the
15wholesale distributor or complying with the provisions of s.
16499.0121(6)(f)6.
17     Section 4.  Paragraph (f) of subsection (6) of section
18499.0121, Florida Statutes, is amended to read:
19     499.0121  Storage and handling of prescription drugs;
20recordkeeping.--The department shall adopt rules to implement
21this section as necessary to protect the public health, safety,
22and welfare. Such rules shall include, but not be limited to,
23requirements for the storage and handling of prescription drugs
24and for the establishment and maintenance of prescription drug
25distribution records.
26     (6)  RECORDKEEPING.--The department shall adopt rules that
27require keeping such records of prescription drugs as are
28necessary for the protection of the public health.
29     (f)1.  Effective July 1, 2006, each person who is engaged
30in the wholesale distribution of a prescription drug and who is
31not the manufacturer of that drug must, before each wholesale
32distribution of such drug, provide to the person who receives
33the drug a pedigree paper as defined in s. 499.003(31).
34     2.  A repackager must comply with this paragraph.
35     3.  The pedigree paper requirements in this paragraph do
36not apply to compressed medical gases or veterinary legend
37drugs.
38     4.  Each wholesale distributor of prescription drugs must
39maintain separate and distinct from other required records all
40statements that are required under subparagraph 1.
41     5.  In order to verify compliance with subparagraph (d)1.,
42each manufacturer of a prescription drug sold in this state must
43make available upon request distribution documentation related
44to its sales of prescription drugs, regardless of whether the
45prescription drug was sold directly by the manufacturer to a
46person in Florida.
47     6.  The requirement of subparagraph 1. is satisfied when a
48wholesale distributor takes title to, but not possession of, a
49prescription drug and the prescription drug's manufacturer ships
50the prescription drug directly to a person authorized by law to
51purchase prescription drugs for the purpose of administering or
52dispensing the drug, as defined under s. 465.003, or a member of
53an affiliated group, as described in paragraph (h), except a
54repackager.
55     a.  The wholesale distributor must deliver to the recipient
56of the prescription drug, within 14 days after the shipment
57notification from the manufacturer, an invoice and a sworn
58statement that "This wholesale distributor purchased the
59specific unit of the prescription drug listed in the invoice
60directly from the manufacturer and the specific unit of
61prescription drug was shipped by the manufacturer directly to a
62person authorized by law to administer or dispense the legend
63drug pursuant to s. 465.003, Florida Statutes, or a member of an
64affiliated group, as described in s. 499.0121(6)(h), Florida
65Statutes, except a repackager." The invoice must contain a
66unique cross-reference to the shipping document sent by the
67manufacturer to the recipient of the prescription drug.
68     b.  The recipient of the prescription drug must acquire,
69within 14 days after receipt of the prescription drug, a
70shipping document from the manufacturer that contains, at a
71minimum:
72     (I)  The name and address of the manufacturer, including
73the point of origin of the shipment; the wholesaler; and such
74purchaser.
75     (II)  The name of the prescription drug as it appears on
76the label.
77     (III)  The quantity, dosage form, and strength of the
78prescription drug.
79     (IV)  The date of the shipment from the manufacturer.
80
81The wholesale distributor must also maintain and make available
82to the department, upon request, the lot number of the
83prescription drug if the lot number is not contained in the
84shipping document acquired by the recipient.
85     7.  Failure of the recipient to acquire, or the wholesale
86distributor to deliver, the documentation required under
87subparagraph 6. shall constitute failure to acquire or deliver a
88pedigree paper under s. 499.0051. Forgery by recipient or the
89wholesale distributor of the documentation required to be
90acquired or delivered under subparagraph 6. shall constitute
91forgery of a pedigree paper under s. 499.0051.
92     8.  The department may by rule define alternatives to
93compliance with subparagraph 1. for a prescription drug in the
94inventory of a permitted prescription drug wholesaler as of June
9530, 2006, and the return of a prescription drug purchased prior
96to July 1, 2006. The department may specify time limits for such
97alternatives.
98
99========= T I T L E  A M E N D M E N T =========
100     On page 1, lines 2-10,
101remove: all of said lines
102
103and insert:
104An act relating to pharmacy; amending s. 465.026, F.S.;
105deleting a provision authorizing certain community
106pharmacies to transfer prescriptions for Schedule II
107medicinal drugs under certain conditions; creating s.
108465.0266, F.S.; authorizing the dispensing or refilling of
109a prescription without a transferred prescription under
110specified conditions; amending s. 499.005, F.S.; revising
111a prohibition relating to pedigree papers; amending s.
112499.0121, F.S.; requiring certain wholesale distributors
113taking title to a prescription drug to provide an invoice
114to the purchaser containing certain information; requiring
115a recipient of a prescription drug to acquire from the
116manufacturer a shipping document containing specified
117information; requiring a wholesale distributor to make
118certain information available to the department; providing
119for penalties; authorizing the department to adopt certain
120rules relating to the inventory and return of certain
121prescription drugs; providing an effective


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