HB 1357

1
A bill to be entitled
2An act relating to the pharmaceutical take-back program
3pilot project; creating s. 499.0295, F.S.; providing that
4a manufacturer of a drug may not sell the drug or allow
5the drug to be sold in the pilot project area unless the
6manufacturer operates a pharmaceutical take-back program
7approved by the Department of Health; providing
8requirements for such programs; providing requirements for
9submission of such a plan and its review by the
10department; requiring retail pharmacies to post a sign to
11inform consumers of the availability of pharmaceutical
12take-back programs; requiring the department to adopt a
13sample sign and post it on the Internet; providing civil
14penalties for violations; providing for an application
15fee; authorizing rulemaking; creating the Advisory
16Committee on Pharmaceutical Take-Back Programs; providing
17for membership; providing for duties; providing for
18reimbursement of member travel and other expenses;
19requiring reports; providing for termination of the pilot
20project and repeal of provisions; providing for the terms
21of initial committee members; providing that the
22requirement to have a plan registered with the department
23applies to manufacturers whose drugs are sold in the pilot
24project area on or after a specified date; providing an
25effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 499.0295, Florida Statutes, is created
30to read:
31     499.0295  Pharmaceutical take-back program pilot project.--
32     (1)  PROGRAM REQUIREMENTS.--
33     (a)  The department shall develop a pilot project in Pasco
34and Hernando counties under which a manufacturer of a drug may
35not sell the drug or allow the drug to be sold in those counties
36unless the manufacturer operates in each county a pharmaceutical
37take-back program approved by the department. The pharmaceutical
38take-back program must do the following:
39     1.  Accept all drugs presented to the program by consumers,
40including residents of long-term care facilities and persons
41enrolled in hospice, palliative care, and home health programs.
42     2.  Accept all drugs sold regardless of the manufacturer.
43     3.  Offer pharmaceutical take-back services at no cost to
44the consumer, either at the time of sale of the drug or at the
45time of collection of the drug.
46     4.  Be convenient and adequate to serve consumers in urban
47and rural areas.
48     5.  Dispose of collected drugs by incineration or hazardous
49waste disposal.
50     6.  Include an education and outreach program to inform
51consumers, retail pharmacies, health practitioners, county
52health departments, hospitals, hospice care providers, and long-
53term care facilities of the availability of the program.
54     7.  Include a method for evaluation and improvement of the
55program.
56     (b)  A manufacturer may operate its pharmaceutical take-
57back program individually or collectively with other
58manufacturers.
59     (2)  PLAN APPROVAL.--
60     (a)  A manufacturer that sells drugs in the pilot project
61area shall submit a plan describing the manufacturer's proposed
62pharmaceutical take-back program to the department for approval.
63The proposed plan must:
64     1.  Describe how the program meets the requirements of
65subsection (1).
66     2.  Include recovery goals for the first, second, and third
67years of the program, expressed as pounds of drugs recovered per
68capita, and a plan for action if the recovery goals are not met.
69     3.  Describe the proposed method for disposal of the
70collected drugs.
71     4.  Describe how the manufacturer will coordinate with
72other manufacturers to minimize consumer confusion about
73different pharmaceutical take-back programs.
74     5.  Meet other requirements established by rule by the
75department.
76     6.  Be accompanied by a fee determined by the department
77under subsection (5).
78     (b)  The department shall review the disposal proposal in
79the plan in consultation with the Department of Environmental
80Protection.
81     (c)  Within 60 days after a manufacturer submits a plan
82under paragraph (a), the department must approve or reject the
83plan. If the plan is rejected, the department shall provide the
84manufacturer with a written statement of the reasons for the
85rejection and the manufacturer may submit a revised plan within
8660 days after the date of the written statement of rejection.
87The department must approve or reject the revised plan within 60
88days after its submission.
89     (d)  A manufacturer shall submit an updated plan to the
90department annually, on or before the anniversary of the
91approval of the original plan. The department shall review the
92disposal proposal in the updated plan, in consultation with the
93Department of Environmental Protection, and shall approve or
94reject the updated plan as provided in paragraph (c).
95     (e)  If at the time the plan is due for submission to the
96department there is no legal method for a manufacturer to accept
97all prescription and nonprescription drugs through the
98pharmaceutical take-back program, a manufacturer may apply to
99the department for an extension of the time to submit the plan.
100The department may grant an extension not to exceed 1 year.
101     (f)  The department may withdraw approval of a plan if a
102manufacturer does not operate the pharmaceutical take-back
103program in accordance with the approved plan. The department
104shall comply with chapter 120 in withdrawing approval of a plan.
105     (3)  SIGNS.--The department shall require retail pharmacies
106to post a sign to inform consumers of the availability of
107pharmaceutical take-back programs. The department shall adopt an
108example of such a sign and post the example on the Internet.
109     (4)  PENALTIES.--In addition to any other liability or
110penalty provided by law, the department may impose a civil
111penalty on a person for violation of this section or of the
112rules adopted to implement this section of up to $250 for each
113violation. Civil penalties under this section shall be imposed
114as provided in s. 499.066.
115     (5)  FEES.--The department shall set an application fee for
116submission of a pharmaceutical take-back program plan under
117subsection (2) not to exceed $100. The application fee must be
118designed to recover the cost to the department of regulating
119pharmaceutical take-back programs.
120     (6)  RULEMAKING.--The department may adopt rules pursuant
121to ss. 120.536(1) and 120.54 to implement this section.
122     (7)  ADVISORY COMMITTEE.--
123     (a)  There is created the Advisory Committee on
124Pharmaceutical Take-Back Programs, consisting of 11 members
125appointed by the State Surgeon General. The term of office of
126each member is 3 years, but a member serves at the pleasure of
127the State Surgeon General. Before the expiration of the term of
128a member, the State Surgeon General shall appoint a successor
129whose term begins immediately upon the expiration of the term of
130the current member. A member is eligible for reappointment for
131one additional term. If there is a vacancy for any cause, the
132director shall make an appointment to become effective
133immediately.
134     (b)  The advisory committee shall advise the department on
135issues relating to pharmaceutical take-back programs.
136     (c)  A majority of the members of the advisory committee
137constitutes a quorum for the transaction of business. Official
138action by the advisory committee requires the approval of a
139majority of the members of the advisory committee. The advisory
140committee shall elect one of its members to serve as
141chairperson.
142     (d)  The advisory committee shall meet at least four times
143per year at times and places specified by the call of the
144chairperson or of a majority of the members of the advisory
145committee.
146     (e)  The advisory committee may adopt rules necessary for
147its operation.
148     (f)  A member of the advisory committee is not entitled to
149compensation, but in the discretion of the department may be
150reimbursed from funds available to the department for actual and
151necessary travel and other expenses incurred by the member in
152the performance of the member's official duties as provided in
153s. 112.061.
154     (8)  REPORTS.--The department shall submit a preliminary
155report to President of the Senate and the Speaker of the House
156of Representatives by January 31, 2011, and a final report by
157January 31, 2012, concerning the effectiveness of the pilot
158project in meeting its recovery goals. In addition, the final
159report shall make recommendations on expanding the project to
160other parts of the state.
161     (9)  TERMINATION AND REPEAL.--Unless renewed by the
162Legislature, the pilot project shall terminate December 31,
1632012, and this section is repealed on that date.
164     Section 2.  Notwithstanding the term of office specified by
165s. 499.0295, Florida Statutes, as created by this act, for the
166members first appointed to the Advisory Committee on
167Pharmaceutical Take-Back Programs:
168     (1)  Three members shall serve for a term ending June 30,
1692010.
170     (2)  Four members shall serve for a term ending June 30,
1712011.
172     (3)  Four members shall serve for a term ending June 30,
1732012.
174     Section 3.  The registration requirements contained in s.
175499.0295, Florida Statutes, as created by this act, apply to
176manufacturers whose drugs are sold in the pilot project area on
177or after January 1, 2010.
178     Section 4.  This act shall take effect July 1, 2009.


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