Senate Bill sb0926c2

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    Florida Senate - 2006                     CS for CS for SB 926

    By the Committees on Judiciary; Health Care; and Senator
    Peaden




    590-2484-06

  1                      A bill to be entitled

  2         An act relating to drug distribution; amending

  3         s. 499.003, F.S.; amending a definition;

  4         requiring the Department of Health to approve a

  5         document or electronic form relating to

  6         pedigree papers; providing requirements for

  7         pedigree papers that record certain

  8         distributions of legend drugs; amending s.

  9         499.005, F.S.; revising a prohibition relating

10         to pedigree papers; amending s. 499.006, F.S.;

11         providing that a drug is adulterated if it is a

12         certain prescription drug that has been

13         returned by a veterinarian to a limited

14         prescription drug veterinary wholesaler;

15         amending s. 499.01, F.S.; requiring a limited

16         prescription drug veterinary wholesaler to

17         obtain a permit for operation from the

18         Department of Health; providing that a permit

19         for a limited prescription drug veterinary

20         wholesaler may not be issued to the address of

21         certain health care entities; amending s.

22         499.012, F.S.; revising permit requirements for

23         a veterinary prescription drug wholesaler that

24         distributes prescription drugs; establishing a

25         permit for a limited prescription drug

26         veterinary wholesaler; providing requirements;

27         providing an exception; amending s. 499.0121,

28         F.S.; requiring certain wholesale distributors

29         taking title to a prescription drug to provide

30         an invoice to the purchaser containing certain

31         information; requiring a purchaser of a

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 1         prescription drug to obtain from the

 2         manufacturer a shipping document containing

 3         specified information; requiring a manufacturer

 4         to make certain information available to the

 5         department; authorizing the department to adopt

 6         certain rules relating to the inventory and

 7         return of certain prescription drugs; amending

 8         s. 499.0122, F.S.; redefining the term

 9         "veterinary legend drug retail establishment";

10         amending s. 499.041, F.S.; requiring the

11         department to assess an annual fee within a

12         certain monetary range for a limited

13         prescription drug veterinary wholesaler permit;

14         amending s. 499.065, F.S.; requiring the

15         department to inspect each limited prescription

16         drug veterinary wholesaler establishment;

17         authorizing the department to determine that a

18         limited prescription drug veterinary wholesaler

19         establishment is an imminent danger to the

20         public; amending s. 499.0661, F.S.; providing

21         for emergency suspension of a permittee if

22         charged with specified violations; requiring

23         the department to publish a list of certain

24         permittee names; amending s. 499.067, F.S.;

25         prohibiting issuance of permits to specified

26         applicants; requiring revocation of permits of

27         specified permittees; providing an effective

28         date.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

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 1         Section 1.  Subsection (31) of section 499.003, Florida

 2  Statutes, is amended to read:

 3         499.003  Definitions of terms used in ss.

 4  499.001-499.081.--As used in ss. 499.001-499.081, the term:

 5         (31)  "Pedigree paper" means:

 6         (a)  A document required pursuant to s. 499.0121(6)(d)

 7  or (e); or

 8         (b)  Effective July 1, 2006, a document or electronic

 9  form approved by the Department of Health and containing

10  information that records each distribution of any given legend

11  drug, from sale by a pharmaceutical manufacturer, through

12  acquisition and sale by any wholesaler or repackager, until

13  final sale to a pharmacy or other person administering or

14  dispensing the drug. The information required to be included

15  on a legend drug's pedigree paper must at least detail the

16  amount of the legend drug; its dosage form and strength; its

17  lot numbers; the name and address of each owner of the legend

18  drug and his or her signature; its shipping information,

19  including the name and address of each person certifying

20  delivery or receipt of the legend drug; an invoice number, a

21  shipping document number, or another number uniquely

22  identifying the transaction; and a certification that the

23  recipient wholesaler has authenticated the pedigree papers. If

24  the manufacturer or repackager has uniquely serialized the

25  individual legend drug unit, that identifier must also be

26  included on the pedigree. It must also include the name,

27  address, telephone number and, if available, e-mail contact

28  information of each wholesaler involved in the chain of the

29  legend drug's custody. The department shall adopt rules and a

30  form relating to the requirements of this paragraph no later

31  than 90 days after the effective date of this act; or.

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 1         (c)  Effective July 1, 2006, a document or electronic

 2  form approved by the Department of Health and containing

 3  information that records each distribution of any given legend

 4  drug, from sale by a pharmaceutical manufacturer, through

 5  acquisition and sale by any wholesaler or repackager, until

 6  final sale to a pharmacy or other person administering or

 7  dispensing the drug; or, if a specific unit of the legend drug

 8  was purchased by a wholesaler, referred to in this paragraph

 9  as a "direct purchase wholesaler," directly from the

10  manufacturer, an invoice for the specific unit of the legend

11  drug together with a certificate under oath in written or

12  electronic form stating that:

13         1.  If the establishment is not a member of an

14  affiliated group: "This establishment purchased the specific

15  unit of the legend drug directly from the manufacturer."

16         2.  If the establishment is a member of an affiliated

17  group: "This establishment or a member of its affiliated group

18  purchased the specific unit of the legend drug directly from

19  the manufacturer."

20  

21  A document or electronic form that meets the requirements of

22  this paragraph shall constitute a sufficient pedigree paper

23  only for the purpose of a single sale or distribution

24  transaction in the specific unit of legend drug by the direct

25  purchase wholesaler to an entity authorized by law to purchase

26  legend drugs. For each transaction of the specific unit of

27  legend drug, the direct purchase wholesaler is required to

28  create a separate pedigree paper that meets the requirements

29  of this paragraph and furnish such pedigree paper to any

30  subsequent purchaser. The pedigree paper shall be prepared and

31  updated for every transfer following the direct purchase

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 1  wholesaler's receipt of the specific unit of legend drug

 2  directly from the manufacturer. The information required to be

 3  included on the document or electronic form approved by the

 4  department pursuant to this paragraph and required of any

 5  subsequent transfers of legend drugs received by a direct

 6  purchase wholesaler in a transaction described in this

 7  paragraph must at least detail the amount of the legend drug;

 8  its dosage form and strength; its lot numbers; the name and

 9  address of each owner of the legend drug after it has left the

10  possession of the manufacturer and his or her signature; its

11  shipping information, including the name and address of each

12  person certifying delivery or receipt of the legend drug after

13  it has left the possession of the manufacturer; an invoice

14  number, a shipping document number, or another number uniquely

15  identifying the transaction; and a certification that the

16  recipient direct purchase wholesaler has authenticated the

17  pedigree papers as required in this paragraph. If the

18  manufacturer or repackager has uniquely serialized the

19  individual legend drug unit, that identifier must also be

20  included on the form approved by the department and is

21  required of any subsequent transfers of prescription drugs

22  received by a direct purchase wholesaler in a transaction

23  governed by this paragraph. The pedigree paper must also

24  include the name, address, telephone number, and, if

25  available, e-mail contact information of each wholesaler

26  involved in the chain of custody of the legend drug. The

27  department shall adopt rules and a form relating to the

28  requirements of this paragraph.

29         Section 2.  Subsection (29) of section 499.005, Florida

30  Statutes, is amended to read:

31  

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 1         499.005  Prohibited acts.--It is unlawful for a person

 2  to perform or cause the performance of any of the following

 3  acts in this state:

 4         (29)  The receipt of a prescription drug pursuant to a

 5  wholesale distribution without either first receiving a

 6  pedigree paper that was attested to as accurate and complete

 7  by the wholesale distributor or complying with the provisions

 8  of s. 499.0121(6)(f)6.

 9         Section 3.  Section 499.006, Florida Statutes, is

10  amended to read:

11         499.006  Adulterated drug or device.--A drug or device

12  is adulterated:

13         (1)  If it consists in whole or in part of any filthy,

14  putrid, or decomposed substance;

15         (2)  If it has been produced, prepared, packed, or held

16  under conditions whereby it could have been contaminated with

17  filth or rendered injurious to health;

18         (3)  If it is a drug and the methods used in, or the

19  facilities or controls used for, its manufacture, processing,

20  packing, or holding do not conform to, or are not operated or

21  administered in conformity with, current good manufacturing

22  practices to assure that the drug meets the requirements of

23  ss. 499.001-499.081 and that the drug has the identity and

24  strength, and meets the standard of quality and purity, which

25  it purports or is represented to possess;

26         (4)  If it is a drug and its container is composed, in

27  whole or in part, of any poisonous or deleterious substance

28  which could render the contents injurious to health;

29         (5)  If it is a drug and it bears or contains, for the

30  purpose of coloring only, a color additive that is unsafe

31  within the meaning of the federal act; or, if it is a color

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 1  additive, the intended use of which in or on drugs is for the

 2  purpose of coloring only, and it is unsafe within the meaning

 3  of the federal act;

 4         (6)  If it purports to be, or is represented as, a drug

 5  the name of which is recognized in the official compendium,

 6  and its strength differs from, or its quality or purity falls

 7  below, the standard set forth in such compendium. The

 8  determination as to strength, quality, or purity must be made

 9  in accordance with the tests or methods of assay set forth in

10  such compendium, or, when such tests or methods of assay are

11  absent or inadequate, in accordance with those tests or

12  methods of assay prescribed under authority of the federal

13  act. A drug defined in the official compendium is not

14  adulterated under this subsection merely because it differs

15  from the standard of strength, quality, or purity set forth

16  for that drug in such compendium if its difference in

17  strength, quality, or purity from such standard is plainly

18  stated on its label;

19         (7)  If it is not subject to subsection (6) and its

20  strength differs from, or its purity or quality falls below

21  the standard of, that which it purports or is represented to

22  possess;

23         (8)  If it is a drug:

24         (a)  With which any substance has been mixed or packed

25  so as to reduce the quality or strength of the drug; or

26         (b)  For which any substance has been substituted

27  wholly or in part;

28         (9)  If it is a drug or device for which the expiration

29  date has passed; or

30         (10)  If it is a legend drug for which the required

31  pedigree paper is nonexistent, fraudulent, or incomplete under

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 1  the requirements of ss. 499.001-499.081 or applicable rules,

 2  or that has been purchased, held, sold, or distributed at any

 3  time by a person not authorized under federal or state law to

 4  do so; or.

 5         (11)  If it is a prescription drug subject to, defined

 6  by, or described by s. 503(b) of the Federal Food, Drug, and

 7  Cosmetic Act which has been returned by a veterinarian to a

 8  limited prescription drug veterinary wholesaler.

 9         Section 4.  Subsection (1) and paragraph (d) of

10  subsection (2) of section 499.01, Florida Statutes, are

11  amended to read:

12         499.01  Permits; applications; renewal; general

13  requirements.--

14         (1)  Prior to operating, a permit is required for each

15  person and establishment that intends to operate as:

16         (a)  A prescription drug manufacturer;

17         (b)  A prescription drug repackager;

18         (c)  An over-the-counter drug manufacturer;

19         (d)  A compressed medical gas manufacturer;

20         (e)  A device manufacturer;

21         (f)  A cosmetic manufacturer;

22         (g)  A prescription drug wholesaler;

23         (h)  A veterinary prescription drug wholesaler;

24         (i)  A compressed medical gas wholesaler;

25         (j)  An out-of-state prescription drug wholesaler;

26         (k)  A nonresident prescription drug manufacturer;

27         (l)  A freight forwarder;

28         (m)  A retail pharmacy drug wholesaler;

29         (n)  A veterinary legend drug retail establishment;

30         (o)  A medical oxygen retail establishment;

31         (p)  A complimentary drug distributor; or

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 1         (q)  A restricted prescription drug distributor; or.

 2         (r)  A limited prescription drug veterinary wholesaler.

 3         (2)

 4         (d)  A permit for a prescription drug manufacturer,

 5  prescription drug repackager, prescription drug wholesaler,

 6  limited prescription drug veterinary wholesaler, or retail

 7  pharmacy wholesaler may not be issued to the address of a

 8  health care entity or to a pharmacy licensed under chapter

 9  465, except as provided in this paragraph. The department may

10  issue a prescription drug manufacturer permit to an applicant

11  at the same address as a licensed nuclear pharmacy, which is a

12  health care entity, for the purpose of manufacturing

13  prescription drugs used in positron emission tomography or

14  other radiopharmaceuticals, as listed in a rule adopted by the

15  department pursuant to this paragraph. The purpose of this

16  exemption is to assure availability of state-of-the-art

17  pharmaceuticals that would pose a significant danger to the

18  public health if manufactured at a separate establishment

19  address from the nuclear pharmacy from which the prescription

20  drugs are dispensed. The department may also issue a retail

21  pharmacy wholesaler permit to the address of a community

22  pharmacy licensed under chapter 465 which does not meet the

23  definition of a closed pharmacy in s. 499.003.

24         Section 5.  Paragraph (g) of subsection (2) of section

25  499.012, Florida Statutes, is amended, and paragraph (h) is

26  added to that subsection, to read:

27         499.012  Wholesale distribution; definitions; permits;

28  applications; general requirements.--

29         (2)  The following types of wholesaler permits are

30  established:

31  

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 1         (g)  A veterinary prescription drug wholesaler

 2  permit.--A veterinary prescription drug wholesaler permit is

 3  required for any person that engages in the distribution of

 4  veterinary prescription drugs in or into this state. A

 5  veterinary prescription drug wholesaler that also distributes

 6  prescription drugs subject to, defined by, or described by s.

 7  503(b) of the Federal Food, Drug, and Cosmetic Act which it

 8  did not manufacture must obtain a permit as a prescription

 9  drug wholesaler, an or out-of-state prescription drug

10  wholesaler, or a limited prescription drug veterinary

11  wholesaler in lieu of the veterinary prescription drug

12  wholesaler permit. A veterinary prescription drug wholesaler

13  must comply with the requirements for wholesale distributors

14  under s. 499.0121, except those set forth in s.

15  499.0121(6)(d), (e), or (f).

16         (h)  Limited prescription drug veterinary wholesaler

17  permit.--Unless engaging in the activities of and permitted as

18  a prescription drug manufacturer, nonresident prescription

19  drug manufacturer, prescription drug wholesaler, or

20  out-of-state prescription drug wholesaler, a limited

21  prescription drug veterinary wholesaler permit is required for

22  any person that engages in the distribution in or into this

23  state of veterinary prescription drugs and prescription drugs

24  subject to, defined by, or described by s. 503(b) of the

25  Federal Food, Drug, and Cosmetic Act to veterinarians under

26  the following conditions:

27         1.  The person is engaged in the business of

28  wholesaling prescription and veterinary legend drugs to

29  persons:

30         a.  Licensed as veterinarians practicing on a full-time

31  basis;

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 1         b.  Regularly and lawfully engaged in instruction in

 2  veterinary medicine;

 3         c.  Regularly and lawfully engaged in law enforcement;

 4         d.  For use in research, not involving clinical use; or

 5         e.  For use in chemical analysis or physical testing,

 6  for the purposes of instruction in law enforcement, research,

 7  or testing.

 8         2.  No more than 30 percent of prescription drug sales

 9  may be prescription drugs approved for human use which are

10  subject to, defined by, or described by s. 503(b) of the

11  Federal Food, Drug, and Cosmetic Act.

12         3.  The person is not permitted, licensed, or otherwise

13  authorized in any state to wholesale prescription drugs

14  subject to, defined by, or described by s. 503(b) of the

15  Federal Food, Drug, and Cosmetic Act to any person who is

16  authorized to sell, distribute, purchase, trade, or use these

17  drugs on or for humans.

18         4.  A limited prescription drug veterinary wholesaler

19  that applies to the department for a new permit or the renewal

20  of a permit must submit a bond of $20,000, or other equivalent

21  means of security acceptable to the department, such as an

22  irrevocable letter of credit or a deposit in a trust account

23  or financial institution, payable to the Florida Drug, Device,

24  and Cosmetic Trust Fund. The purpose of the bond is to secure

25  payment of any administrative penalties imposed by the

26  department and any fees and costs incurred by the department

27  regarding that permit which are authorized under state law and

28  which the permittee fails to pay 30 days after the fine or

29  costs become final. The department may make a claim against

30  such bond or security until 1 year after the permittee's

31  license ceases to be valid or until 60 days after any

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 1  administrative or legal proceeding authorized in ss.

 2  499.001-499.081 which involves the permittee is concluded,

 3  including any appeal, whichever occurs later.

 4         5.  A limited prescription drug veterinary wholesaler

 5  must maintain at all times a license or permit to engage in

 6  the wholesale distribution of prescription drugs in compliance

 7  with laws of the state in which it is a resident.

 8         6.  A limited prescription drug veterinary wholesaler

 9  must comply with the requirements for wholesale distributors

10  under s. 499.0121, except that a limited prescription drug

11  veterinary wholesaler is not required to provide a pedigree

12  paper as required by s. 499.0121(6)(f) upon the wholesale

13  distribution of a prescription drug to a veterinarian.

14         7.  A limited prescription drug veterinary wholesaler

15  may not return to inventory for subsequent wholesale

16  distribution any prescription drug subject to, defined by, or

17  described by s. 503(b) of the Federal Food, Drug, and Cosmetic

18  Act which has been returned by a veterinarian.

19         8.  An out-of-state prescription drug wholesaler's

20  permit or a limited prescription drug veterinary wholesaler

21  permit is not required for an intracompany sale or transfer of

22  a prescription drug from an out-of-state establishment that is

23  duly licensed to engage in the wholesale distribution of

24  prescription drugs in its state of residence to a licensed

25  limited prescription drug veterinary wholesaler in this state

26  if both wholesalers conduct wholesale distributions of

27  prescription drugs under the same business name. The

28  recordkeeping requirements of s. 499.0121(6) must be followed

29  for this transaction.

30         Section 6.  Paragraph (f) of subsection (6) of section

31  499.0121, Florida Statutes, is amended to read:

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 1         499.0121  Storage and handling of prescription drugs;

 2  recordkeeping.--The department shall adopt rules to implement

 3  this section as necessary to protect the public health,

 4  safety, and welfare. Such rules shall include, but not be

 5  limited to, requirements for the storage and handling of

 6  prescription drugs and for the establishment and maintenance

 7  of prescription drug distribution records.

 8         (6)  RECORDKEEPING.--The department shall adopt rules

 9  that require keeping such records of prescription drugs as are

10  necessary for the protection of the public health.

11         (f)1.  Effective July 1, 2006, each person who is

12  engaged in the wholesale distribution of a prescription drug

13  and who is not the manufacturer of that drug must, before each

14  wholesale distribution of such drug, provide to the person who

15  receives the drug a pedigree paper as defined in s.

16  499.003(31).

17         2.  A repackager must comply with this paragraph.

18         3.  The pedigree paper requirements in this paragraph

19  do not apply to compressed medical gases or veterinary legend

20  drugs.

21         4.  Each wholesale distributor of prescription drugs

22  must maintain separate and distinct from other required

23  records all statements that are required under subparagraph 1.

24         5.  In order to verify compliance with subparagraph

25  (d)1., each manufacturer of a prescription drug sold in this

26  state must make available upon request distribution

27  documentation related to its sales of prescription drugs,

28  regardless of whether the prescription drug was sold directly

29  by the manufacturer to a person in Florida.

30         6.  Subparagraph 1. does not apply to a wholesale

31  distributor that takes title to, but not possession of, a

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 1  prescription drug and the prescription drug's manufacturer

 2  ships the prescription drug directly to a person authorized by

 3  law to administer or dispense prescription drugs or a member

 4  of an affiliated group, except a repackager, described in

 5  paragraph (h).

 6         a.  The wholesale distributor must send an invoice to

 7  the purchaser of the prescription drug that contains a clear

 8  cross-reference to the shipping document sent by the

 9  manufacturer to the purchaser of the prescription drug.

10         b.  The purchaser of the prescription drug must obtain

11  a shipping document from the manufacturer that contains, at a

12  minimum:

13         (I)  The name and address of the manufacturer,

14  including the point of origin of the shipment; the wholesaler;

15  and the purchaser.

16         (II)  The name of the prescription drug as it appears

17  on the label.

18         (III)  The quantity, dosage form, and strength of the

19  prescription drug.

20         (IV)  The date of the shipment.

21         c.  The manufacturer must also make available to the

22  department, upon request, the lot number of the prescription

23  drug if the lot number is not contained in the shipping

24  document received by the purchaser.

25         7.  The department may by rule define alternatives to

26  compliance with subparagraph 1. for a prescription drug in the

27  inventory of a permitted prescription drug wholesaler as of

28  June 30, 2006, and the return of a prescription drug purchased

29  prior to July 1, 2006. The department may specify time limits

30  for such alternatives.

31  

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 1         Section 7.  Paragraph (d) of subsection (1) of section

 2  499.0122, Florida Statutes, is amended to read:

 3         499.0122  Medical oxygen and veterinary legend drug

 4  retail establishments; definitions, permits, general

 5  requirements.--

 6         (1)  As used in this section, the term:

 7         (d)  "Veterinary legend drug retail establishment"

 8  means a person permitted to sell veterinary legend drugs to

 9  the public or to veterinarians, but does not include a

10  pharmacy licensed under chapter 465.

11         1.  The sale to the public must be based on a valid

12  written order from a veterinarian licensed in this state who

13  has a valid client-veterinarian relationship with the

14  purchaser's animal.

15         2.  Veterinary legend drugs may not be sold in excess

16  of the amount clearly indicated on the order or beyond the

17  date indicated on the order.

18         3.  An order may not be valid for more than 1 year.

19         4.  A veterinary legend drug retail establishment may

20  not purchase, sell, trade, or possess human prescription drugs

21  or any controlled substance as defined in chapter 893.

22         5.  A veterinary legend drug retail establishment must

23  sell a veterinary legend drug in the original, sealed

24  manufacturer's container with all labeling intact and legible.

25  The department may adopt by rule additional labeling

26  requirements for the sale of a veterinary legend drug.

27         Section 8.  Paragraph (h) is added to subsection (2) of

28  section 499.041, Florida Statutes, to read:

29         499.041  Schedule of fees for drug, device, and

30  cosmetic applications and permits, product registrations, and

31  free-sale certificates.--

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 1         (2)  The department shall assess an applicant that is

 2  required to have a wholesaling permit an annual fee within the

 3  ranges established in this section for the specific type of

 4  wholesaling.

 5         (h)  The fee for a limited prescription drug veterinary

 6  wholesaler's permit may not be less than $300 or more than

 7  $500 annually.

 8         Section 9.  Subsections (1) and (3) of section 499.065,

 9  Florida Statutes, are amended to read:

10         499.065  Imminent danger.--

11         (1)  Notwithstanding s. 499.051, the department shall

12  inspect each prescription drug wholesale establishment,

13  prescription drug repackager establishment, veterinary

14  prescription drug wholesale establishment, limited

15  prescription drug veterinary wholesaler establishment, and

16  retail pharmacy drug wholesaler establishment that is required

17  to be permitted under this chapter as often as necessary to

18  ensure compliance with applicable laws and rules. The

19  department shall have the right of entry and access to these

20  facilities at any reasonable time.

21         (3)  The department may determine that a prescription

22  drug wholesale establishment, prescription drug repackager

23  establishment, veterinary prescription drug wholesale

24  establishment, limited prescription drug veterinary wholesaler

25  establishment, or retail pharmacy drug wholesaler

26  establishment that is required to be permitted under this

27  chapter is an imminent danger to the public health and shall

28  require its immediate closure if the establishment fails to

29  comply with applicable laws and rules and, because of the

30  failure, presents an imminent threat to the public's health,

31  safety, or welfare. Any establishment so deemed and closed

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 1  shall remain closed until allowed by the department or by

 2  judicial order to reopen.

 3  

 4  For purposes of this section, a refusal to allow entry to the

 5  department for inspection at reasonable times, or a failure or

 6  refusal to provide the department with required documentation

 7  for purposes of inspection, constitutes an imminent danger to

 8  the public health.

 9         Section 10.  Paragraph (e) of subsection (3) of section

10  499.0661, Florida Statutes, is amended to read:

11         499.0661  Cease and desist orders; removal of certain

12  persons.--

13         (3)  REMOVAL OF AFFILIATED PARTIES BY THE DEPARTMENT.--

14         (e)1.  The chief executive officer, designated

15  representative, or the person holding the equivalent office,

16  of a permittee shall promptly notify the department if she or

17  he has actual knowledge that any affiliated party is charged

18  with a felony in a state or federal court.

19         2.  Whenever any affiliated party is charged with a

20  felony in a state or federal court or with the equivalent of a

21  felony in the courts of any foreign country with which the

22  United States maintains diplomatic relations, and the charge

23  alleges violation of any law involving prescription drugs,

24  pharmaceuticals, fraud, theft, or moral turpitude, the

25  department may enter an emergency order suspending the

26  affiliated party or restricting or prohibiting participation

27  by the affiliated party in the affairs of the particular

28  permittee or of any other permittee upon service of the order

29  upon the permittee and the affiliated party charged. The order

30  must contain notice of opportunity for a hearing pursuant to

31  ss. 120.569 and 120.57, where the affiliated party may request

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 1  a postsuspension hearing to show that continued service to or

 2  participation in the affairs of the permittee does not pose a

 3  threat to the public health or the interests of the permittee

 4  and does not threaten to impair public confidence in the

 5  permittee. In accordance with applicable departmental rules,

 6  the department shall notify the affiliated party whether the

 7  order suspending or prohibiting the person from participation

 8  in the affairs of a permittee will be rescinded or otherwise

 9  modified. The emergency order remains in effect, unless

10  otherwise modified by the department, until the criminal

11  charge is disposed of. The acquittal of the person charged, or

12  the final, unappealed dismissal of all charges against the

13  person, dissolves the emergency order but does not prohibit

14  the department from instituting proceedings under paragraph

15  (a). If the person charged is convicted or pleads guilty or

16  nolo contendere, whether or not an adjudication of guilt is

17  entered by the court, the emergency order shall become final.

18         3.  Whenever a permittee is charged with violation of

19  s. 499.0051 or s. 499.0052, the department may enter an

20  emergency order suspending the permittee's permit. The order

21  must contain notice of opportunity for a hearing pursuant to

22  ss. 120.569 and 120.57, where a permittee may request a

23  postsuspension hearing to show that continued operation by the

24  permittee under his or her permit does not pose a threat to

25  the public health and does not threaten to impair public

26  confidence in the permittee. In accordance with applicable

27  departmental rules, the department shall notify the permittee

28  whether the order suspending the permit of the permittee will

29  be rescinded or otherwise modified. The emergency order

30  remains in effect, unless otherwise modified by the

31  department, until the criminal charge is disposed of. The

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 1  acquittal of the permittee charged, or the final, unappealed

 2  dismissal of all charges against the permittee, dissolves the

 3  emergency order but does not prohibit the department from

 4  instituting proceedings under paragraph (a). If a permittee

 5  charged with a violation of s. 499.0051 or s. 499.0052 is

 6  convicted or pleads guilty or nolo contendere, whether or not

 7  an adjudication of guilt is entered by the court, the

 8  emergency order shall become final.

 9         4.  The department shall publish on its website a list

10  of all permittees against whom an emergency order or a

11  permanent order under this section is entered.

12         Section 11.  Subsections (8) and (9) are added to

13  section 499.067, Florida Statutes, to read:

14         499.067  Denial, suspension, or revocation of permit,

15  certification, or registration.--

16         (8)  The department shall deny an application for a

17  permit for an establishment if the applicant, any person named

18  pursuant to s. 499.012(3)(k) in the applicant's application,

19  or the person designated pursuant to s. 499.012(11) by the

20  applicant has been convicted or pleaded guilty or nolo

21  contendere to a violation of s. 499.0051 or s. 499.0052,

22  whether or not an adjudication of guilt is entered by the

23  court.

24         (9)  The department shall revoke the permit of an

25  establishment if the permittee, any person named pursuant to

26  s. 499.012(3)(k) in the permittee's application, or the person

27  designated pursuant to s. 499.012(11) by the permittee has

28  been convicted or pleaded guilty or nolo contendere to a

29  violation of s. 499.0051 or s. 499.0052, whether or not an

30  adjudication of guilt is entered by the court.

31         Section 12.  This act shall take effect July 1, 2006.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS for Senate Bill 926

 3                                 

 4  The committee substitute changes the underlying committee
    substitute in that it:
 5  
    --   Requires the use of detailed pedigree papers for
 6       redistributions of prescription drugs purchased from a
         wholesaler who purchased them directly from a
 7       manufacturer;

 8  --   Removes provisions pertaining to authorized distributors
         of record of prescription drug manufacturers;
 9  
    --   Creates a limited prescription drug veterinary wholesaler
10       permit and provides for regulation of permit-holders; and

11  --   Provides that holders of a limited prescription drug
         veterinary wholesaler permit generally are not required
12       to use pedigree papers.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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