Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1736
       
       
       
       
       
       
                                Barcode 136318                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Budget (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 4033 - 4121
    4  and insert:
    5         Section 106. Paragraphs (a), (g), and (t) of subsection (2)
    6  of section 499.01, Florida Statutes, are amended to read:
    7         499.01 Permits.—
    8         (2) The following permits are established:
    9         (a) Prescription drug manufacturer permit.—A prescription
   10  drug manufacturer permit is required for any person that is a
   11  manufacturer of a prescription drug and that manufactures or
   12  distributes such prescription drugs in this state.
   13         1. A person that operates an establishment permitted as a
   14  prescription drug manufacturer may engage in wholesale
   15  distribution of prescription drugs manufactured at that
   16  establishment and must comply with all of the provisions of this
   17  part, except s. 499.01212, and the rules adopted under this
   18  part, except s. 499.01212, which that apply to a wholesale
   19  distributor.
   20         2. A prescription drug manufacturer must comply with all
   21  appropriate state and federal good manufacturing practices.
   22         3. A blood establishment, as defined in s. 381.06014,
   23  operating in a manner consistent with the provisions of Title 21
   24  C.F.R. parts 211 and 600-640, and manufacturing only the
   25  prescription drugs described in s. 499.003(54)(d) is not
   26  required to be permitted as a prescription drug manufacturer
   27  under this paragraph or to register products under s. 499.015.
   28         (g) Restricted prescription drug distributor permit.—
   29         1. A restricted prescription drug distributor permit is
   30  required for:
   31         a. Any person located in this state that engages in the
   32  distribution of a prescription drug, which distribution is not
   33  considered “wholesale distribution” under s. 499.003(54)(a).
   34         b.1.Any A person located in this state who engages in the
   35  receipt or distribution of a prescription drug in this state for
   36  the purpose of processing its return or its destruction must
   37  obtain a permit as a restricted prescription drug distributor if
   38  such person is not the person initiating the return, the
   39  prescription drug wholesale supplier of the person initiating
   40  the return, or the manufacturer of the drug.
   41         c.A blood establishment located in this state which
   42  collects blood and blood components only from volunteer donors
   43  as defined in s. 381.06014 or pursuant to an authorized
   44  practitioner’s order for medical treatment or therapy and
   45  engages in the wholesale distribution of a prescription drug not
   46  described in s. 499.003(54)(d) to a health care entity. The
   47  health care entity receiving a prescription drug distributed
   48  under this sub-subparagraph must be licensed as a closed
   49  pharmacy or provide health care services at that establishment.
   50  The blood establishment must operate in accordance with s.
   51  381.06014 and may distribute only:
   52         (I) Prescription drugs indicated for a bleeding or clotting
   53  disorder or anemia;
   54         (II) Blood-collection containers approved under s. 505 of
   55  the federal act;
   56         (III) Drugs that are blood derivatives, or a recombinant or
   57  synthetic form of a blood derivative;
   58         (IV) Prescription drugs that are identified in rules
   59  adopted by the department and that are essential to services
   60  performed or provided by blood establishments and authorized for
   61  distribution by blood establishments under federal law; or
   62         (V) To the extent authorized by federal law, drugs
   63  necessary to collect blood or blood components from volunteer
   64  blood donors; for blood establishment personnel to perform
   65  therapeutic procedures under the direction and supervision of a
   66  licensed physician; and to diagnose, treat, manage, and prevent
   67  any reaction of either a volunteer blood donor or a patient
   68  undergoing a therapeutic procedure performed under the direction
   69  and supervision of a licensed physician,
   70  
   71  as long as all of the health care services provided by the blood
   72  establishment are related to its activities as a registered
   73  blood establishment or the health care services consist of
   74  collecting, processing, storing, or administering human
   75  hematopoietic stem cells or progenitor cells or performing
   76  diagnostic testing of specimens if such specimens are tested
   77  together with specimens undergoing routine donor testing.
   78         2. Storage, handling, and recordkeeping of these
   79  distributions by a person required to be permitted as a
   80  restricted prescription drug distributor must comply with the
   81  requirements for wholesale distributors under s. 499.0121, but
   82  not those set forth in s. 499.01212 if the distribution occurs
   83  pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b.
   84         3. A person who applies for a permit as a restricted
   85  prescription drug distributor, or for the renewal of such a
   86  permit, must provide to the department the information required
   87  under s. 499.012.
   88         4. The department may adopt rules regarding the
   89  distribution of prescription drugs by hospitals, health care
   90  entities, charitable organizations, or other persons not
   91  involved in wholesale distribution, and blood establishments,
   92  which rules are necessary for the protection of the public
   93  health, safety, and welfare.
   94         (t) Health care clinic establishment permit.—Effective
   95  January 1, 2009, a health care clinic establishment permit is
   96  required for the purchase of a prescription drug by a place of
   97  business at one general physical location that provides health
   98  care or veterinary services, which is owned and operated by a
   99  business entity that has been issued a federal employer tax
  100  identification number. For the purpose of this paragraph, the
  101  term “qualifying practitioner” means a licensed health care
  102  practitioner defined in s. 456.001, or a veterinarian licensed
  103  under chapter 474, who is authorized under the appropriate
  104  practice act to prescribe and administer a prescription drug.
  105         1. An establishment must provide, as part of the
  106  application required under s. 499.012, designation of a
  107  qualifying practitioner who will be responsible for complying
  108  with all legal and regulatory requirements related to the
  109  purchase, recordkeeping, storage, and handling of the
  110  prescription drugs. In addition, the designated qualifying
  111  practitioner shall be the practitioner whose name, establishment
  112  address, and license number is used on all distribution
  113  documents for prescription drugs purchased or returned by the
  114  health care clinic establishment. Upon initial appointment of a
  115  qualifying practitioner, the qualifying practitioner and the
  116  health care clinic establishment shall notify the department on
  117  a form furnished by the department within 10 days after such
  118  employment. In addition, the qualifying practitioner and health
  119  care clinic establishment shall notify the department within 10
  120  days after any subsequent change.
  121         2. The health care clinic establishment must employ a
  122  qualifying practitioner at each establishment.
  123         3. In addition to the remedies and penalties provided in
  124  this part, a violation of this chapter by the health care clinic
  125  establishment or qualifying practitioner constitutes grounds for
  126  discipline of the qualifying practitioner by the appropriate
  127  regulatory board.
  128         4. The purchase of prescription drugs by the health care
  129  clinic establishment is prohibited during any period of time
  130  when the establishment does not comply with this paragraph.
  131         5. A health care clinic establishment permit is not a
  132  pharmacy permit or otherwise subject to chapter 465. A health
  133  care clinic establishment that meets the criteria of a modified
  134  Class II institutional pharmacy under s. 465.019 is not eligible
  135  to be permitted under this paragraph.
  136         6. This paragraph does not apply to the purchase of a
  137  prescription drug by a licensed practitioner under his or her
  138  license. A professional corporation or limited liability company
  139  composed of dentists and operating as authorized in s. 466.0285
  140  may pay for prescription drugs obtained by a practitioner
  141  licensed under chapter 466, and the licensed practitioner is
  142  deemed the purchaser and owner of the prescription drugs.
  143  
  144  ================= T I T L E  A M E N D M E N T ================
  145         And the title is amended as follows:
  146         Delete line 376
  147  and insert:
  148         prescription drugs by blood establishments;
  149         authorizing certain business entities to pay for
  150         prescription drugs obtained by practitioners licensed
  151         under ch. 466, F.S.; providing