(LATE FILED)Amendment
Bill No. 1838
Amendment No. 888185
CHAMBER ACTION
Senate House
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1Representative(s) Coley offered the following:
2
3     Amendment (with title amendment)
4     On page 3, between line(s) 19 and 20,
5
6insert:
7     Section 3.  Section 499.006, Florida Statutes, is amended
8to read:
9     499.006  Adulterated drug or device.--A drug or device is
10adulterated:
11     (1)  If it consists in whole or in part of any filthy,
12putrid, or decomposed substance;
13     (2)  If it has been produced, prepared, packed, or held
14under conditions whereby it could have been contaminated with
15filth or rendered injurious to health;
16     (3)  If it is a drug and the methods used in, or the
17facilities or controls used for, its manufacture, processing,
18packing, or holding do not conform to, or are not operated or
19administered in conformity with, current good manufacturing
20practices to assure that the drug meets the requirements of ss.
21499.001-499.081 and that the drug has the identity and strength,
22and meets the standard of quality and purity, which it purports
23or is represented to possess;
24     (4)  If it is a drug and its container is composed, in
25whole or in part, of any poisonous or deleterious substance
26which could render the contents injurious to health;
27     (5)  If it is a drug and it bears or contains, for the
28purpose of coloring only, a color additive that is unsafe within
29the meaning of the federal act; or, if it is a color additive,
30the intended use of which in or on drugs is for the purpose of
31coloring only, and it is unsafe within the meaning of the
32federal act;
33     (6)  If it purports to be, or is represented as, a drug the
34name of which is recognized in the official compendium, and its
35strength differs from, or its quality or purity falls below, the
36standard set forth in such compendium. The determination as to
37strength, quality, or purity must be made in accordance with the
38tests or methods of assay set forth in such compendium, or, when
39such tests or methods of assay are absent or inadequate, in
40accordance with those tests or methods of assay prescribed under
41authority of the federal act. A drug defined in the official
42compendium is not adulterated under this subsection merely
43because it differs from the standard of strength, quality, or
44purity set forth for that drug in such compendium if its
45difference in strength, quality, or purity from such standard is
46plainly stated on its label;
47     (7)  If it is not subject to subsection (6) and its
48strength differs from, or its purity or quality falls below the
49standard of, that which it purports or is represented to
50possess;
51     (8)  If it is a drug:
52     (a)  With which any substance has been mixed or packed so
53as to reduce the quality or strength of the drug; or
54     (b)  For which any substance has been substituted wholly or
55in part;
56     (9)  If it is a drug or device for which the expiration
57date has passed; or
58     (10)  If it is a legend drug for which the required
59pedigree paper is nonexistent, fraudulent, or incomplete under
60the requirements of ss. 499.001-499.081 or applicable rules, or
61that has been purchased, held, sold, or distributed at any time
62by a person not authorized under federal or state law to do so;
63or.
64     (11)  If it is a prescription drug subject to, defined by,
65or described by s. 503(b) of the Federal Food, Drug, and
66Cosmetic Act which has been returned by a veterinarian to a
67limited prescription drug veterinary wholesaler.
68     Section 4.  Subsection (1) and paragraph (d) of subsection
69(2) of section 499.01, Florida Statutes, are amended to read:
70     499.01  Permits; applications; renewal; general
71requirements.--
72     (1)  Prior to operating, a permit is required for each
73person and establishment that intends to operate as:
74     (a)  A prescription drug manufacturer;
75     (b)  A prescription drug repackager;
76     (c)  An over-the-counter drug manufacturer;
77     (d)  A compressed medical gas manufacturer;
78     (e)  A device manufacturer;
79     (f)  A cosmetic manufacturer;
80     (g)  A prescription drug wholesaler;
81     (h)  A veterinary prescription drug wholesaler;
82     (i)  A compressed medical gas wholesaler;
83     (j)  An out-of-state prescription drug wholesaler;
84     (k)  A nonresident prescription drug manufacturer;
85     (l)  A freight forwarder;
86     (m)  A retail pharmacy drug wholesaler;
87     (n)  A veterinary legend drug retail establishment;
88     (o)  A medical oxygen retail establishment;
89     (p)  A complimentary drug distributor; or
90     (q)  A restricted prescription drug distributor; or.
91     (r)  A limited prescription drug veterinary wholesaler.
92     (2)
93     (d)  A permit for a prescription drug manufacturer,
94prescription drug repackager, prescription drug wholesaler,
95limited prescription drug veterinary wholesaler, or retail
96pharmacy wholesaler may not be issued to the address of a health
97care entity or to a pharmacy licensed under chapter 465, except
98as provided in this paragraph. The department may issue a
99prescription drug manufacturer permit to an applicant at the
100same address as a licensed nuclear pharmacy, which is a health
101care entity, for the purpose of manufacturing prescription drugs
102used in positron emission tomography or other
103radiopharmaceuticals, as listed in a rule adopted by the
104department pursuant to this paragraph. The purpose of this
105exemption is to assure availability of state-of-the-art
106pharmaceuticals that would pose a significant danger to the
107public health if manufactured at a separate establishment
108address from the nuclear pharmacy from which the prescription
109drugs are dispensed. The department may also issue a retail
110pharmacy wholesaler permit to the address of a community
111pharmacy licensed under chapter 465 which does not meet the
112definition of a closed pharmacy in s. 499.003.
113     Section 5.  Paragraph (g) of subsection (2) of section
114499.012, Florida Statutes, is amended, and paragraph (h) is
115added to that subsection, to read:
116     499.012  Wholesale distribution; definitions; permits;
117applications; general requirements.--
118     (2)  The following types of wholesaler permits are
119established:
120     (g)  A veterinary prescription drug wholesaler permit.--A
121veterinary prescription drug wholesaler permit is required for
122any person that engages in the distribution of veterinary
123prescription drugs in or into this state. A veterinary
124prescription drug wholesaler that also distributes prescription
125drugs subject to, defined by, or described by s. 503(b) of the
126Federal Food, Drug, and Cosmetic Act which it did not
127manufacture must obtain a permit as a prescription drug
128wholesaler, an or out-of-state prescription drug wholesaler, or
129a limited prescription drug veterinary wholesaler in lieu of the
130veterinary prescription drug wholesaler permit. A veterinary
131prescription drug wholesaler must comply with the requirements
132for wholesale distributors under s. 499.0121, except those set
133forth in s. 499.0121(6)(d), (e), or (f).
134     (h)  Limited prescription drug veterinary wholesaler
135permit.--Unless engaging in the activities of and permitted as a
136prescription drug manufacturer, nonresident prescription drug
137manufacturer, prescription drug wholesaler, or out-of-state
138prescription drug wholesaler, a limited prescription drug
139veterinary wholesaler permit is required for any person that
140engages in the distribution in or into this state of veterinary
141prescription drugs and prescription drugs subject to, defined
142by, or described by s. 503(b) of the Federal Food, Drug, and
143Cosmetic Act under the following conditions:
144     1.  The person is engaged in the business of wholesaling
145prescription and veterinary legend drugs to persons:
146     a.  Licensed as veterinarians practicing on a full-time
147basis;
148     b.  Regularly and lawfully engaged in instruction in
149veterinary medicine;
150     c.  Regularly and lawfully engaged in law enforcement
151activities;
152     d.  For use in research not involving clinical use; or
153     e.  For use in chemical analysis or physical testing or for
154purposes of instruction in law enforcement activities, research,
155or testing.
156     2.  No more than 30 percent of total annual prescription
157drug sales may be prescription drugs approved for human use
158which are subject to, defined by, or described by s. 503(b) of
159the Federal Food, Drug, and Cosmetic Act.
160     3.  The person is not permitted, licensed, or otherwise
161authorized in any state to wholesale prescription drugs subject
162to, defined by, or described by s. 503(b) of the Federal Food,
163Drug, and Cosmetic Act to any person who is authorized to sell,
164distribute, purchase, trade, or use these drugs on or for
165humans.
166     4.  A limited prescription drug veterinary wholesaler that
167applies to the department for a new permit or the renewal of a
168permit must submit a bond of $20,000, or other equivalent means
169of security acceptable to the department, such as an irrevocable
170letter of credit or a deposit in a trust account or financial
171institution, payable to the Florida Drug, Device, and Cosmetic
172Trust Fund. The purpose of the bond is to secure payment of any
173administrative penalties imposed by the department and any fees
174and costs incurred by the department regarding that permit which
175are authorized under state law and which the permittee fails to
176pay 30 days after the fine or costs become final. The department
177may make a claim against such bond or security until 1 year
178after the permittee's license ceases to be valid or until 60
179days after any administrative or legal proceeding authorized in
180ss. 499.001-499.081 which involves the permittee is concluded,
181including any appeal, whichever occurs later.
182     5.  A limited prescription drug veterinary wholesaler must
183maintain at all times a license or permit to engage in the
184wholesale distribution of prescription drugs in compliance with
185laws of the state in which it is a resident.
186     6.  A limited prescription drug veterinary wholesaler must
187comply with the requirements for wholesale distributors under s.
188499.0121, except that a limited prescription drug veterinary
189wholesaler is not required to provide a pedigree paper as
190required by s. 499.0121(6)(f) upon the wholesale distribution of
191a prescription drug to a veterinarian.
192     7.  A limited prescription drug veterinary wholesaler may
193not return to inventory for subsequent wholesale distribution
194any prescription drug subject to, defined by, or described by s.
195503(b) of the Federal Food, Drug, and Cosmetic Act which has
196been returned by a veterinarian.
197     8.  An out-of-state prescription drug wholesaler's permit
198or a limited prescription drug veterinary wholesaler permit is
199not required for an intracompany sale or transfer of a
200prescription drug from an out-of-state establishment that is
201duly licensed to engage in the wholesale distribution of
202prescription drugs in its state of residence to a licensed
203limited prescription drug veterinary wholesaler in this state if
204both wholesalers conduct wholesale distributions of prescription
205drugs under the same business name. The recordkeeping
206requirements of s. 499.0121(6) must be followed for this
207transaction.
208     Section 6.  Paragraph (d) of subsection (1) of section
209499.0122, Florida Statutes, is amended to read:
210     499.0122  Medical oxygen and veterinary legend drug retail
211establishments; definitions, permits, general requirements.--
212     (1)  As used in this section, the term:
213     (d)  "Veterinary legend drug retail establishment" means a
214person permitted to sell veterinary legend drugs to the public
215or to veterinarians, but does not include a pharmacy licensed
216under chapter 465.
217     1.  The sale to the public must be based on a valid written
218order from a veterinarian licensed in this state who has a valid
219client-veterinarian relationship with the purchaser's animal.
220     2.  Veterinary legend drugs may not be sold in excess of
221the amount clearly indicated on the order or beyond the date
222indicated on the order.
223     3.  An order may not be valid for more than 1 year.
224     4.  A veterinary legend drug retail establishment may not
225purchase, sell, trade, or possess human prescription drugs or
226any controlled substance as defined in chapter 893.
227     5.  A veterinary legend drug retail establishment must sell
228a veterinary legend drug in the original, sealed manufacturer's
229container with all labeling intact and legible. The department
230may adopt by rule additional labeling requirements for the sale
231of a veterinary legend drug.
232     Section 7.  Paragraph (h) is added to subsection (2) of
233section 499.041, Florida Statutes, to read:
234     499.041  Schedule of fees for drug, device, and cosmetic
235applications and permits, product registrations, and free-sale
236certificates.--
237     (2)  The department shall assess an applicant that is
238required to have a wholesaling permit an annual fee within the
239ranges established in this section for the specific type of
240wholesaling.
241     (h)  The fee for a limited prescription drug veterinary
242wholesaler's permit may not be less than $300 or more than $500
243annually.
244     Section 8.  Subsections (1) and (3) of section 499.065,
245Florida Statutes, are amended to read:
246     499.065  Imminent danger.--
247     (1)  Notwithstanding s. 499.051, the department shall
248inspect each prescription drug wholesale establishment,
249prescription drug repackager establishment, veterinary
250prescription drug wholesale establishment, limited prescription
251drug veterinary wholesaler establishment, and retail pharmacy
252drug wholesaler establishment that is required to be permitted
253under this chapter as often as necessary to ensure compliance
254with applicable laws and rules. The department shall have the
255right of entry and access to these facilities at any reasonable
256time.
257     (3)  The department may determine that a prescription drug
258wholesale establishment, prescription drug repackager
259establishment, veterinary prescription drug wholesale
260establishment, limited prescription drug veterinary wholesaler
261establishment, or retail pharmacy drug wholesaler establishment
262that is required to be permitted under this chapter is an
263imminent danger to the public health and shall require its
264immediate closure if the establishment fails to comply with
265applicable laws and rules and, because of the failure, presents
266an imminent threat to the public's health, safety, or welfare.
267Any establishment so deemed and closed shall remain closed until
268allowed by the department or by judicial order to reopen.
269
270For purposes of this section, a refusal to allow entry to the
271department for inspection at reasonable times, or a failure or
272refusal to provide the department with required documentation
273for purposes of inspection, constitutes an imminent danger to
274the public health.
275
276
277========= T I T L E  A M E N D M E N T =========
278     On page 1, line(s) 2-10,
279remove:  all of said lines
280
281and insert:
282An act relating to pharmacy; amending s. 465.026, F.S.; deleting
283a provision authorizing certain community pharmacies to transfer
284prescriptions for Schedule II medicinal drugs under certain
285conditions; creating s. 465.0266, F.S.; authorizing the
286dispensing or refilling of a prescription without a transferred
287prescription under specified conditions; amending s. 499.006,
288F.S.; providing that a drug is adulterated if it is a certain
289prescription drug that has been returned by a veterinarian to a
290limited prescription drug veterinary wholesaler; amending s.
291499.01, F.S.; requiring a limited prescription drug veterinary
292wholesaler to obtain a permit for operation from the Department
293of Health; providing that a permit for a limited prescription
294drug veterinary wholesaler may not be issued to the address of
295certain health care entities; amending s. 499.012, F.S.;
296revising permit requirements for a veterinary prescription drug
297wholesaler that distributes prescription drugs; establishing a
298permit for a limited prescription drug veterinary wholesaler;
299providing requirements; providing an exception; amending s.
300499.0122, F.S.; redefining the term "veterinary legend drug
301retail establishment"; amending s. 499.041, F.S.; requiring the
302department to assess an annual fee within a certain monetary
303range for a limited prescription drug veterinary wholesaler
304permit; amending s. 499.065, F.S.; requiring the department to
305inspect each limited prescription drug veterinary wholesaler
306establishment; authorizing the department to determine that a
307limited prescription drug veterinary wholesaler establishment is
308an imminent danger to the public; providing an effective


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