General Bill
Distribution of Prescription Drugs:
Revises provisions of ch. 499, F.S., relating to the distribution of prescription drugs; provides legislative findings and intent with respect to a report by the Seventeenth Statewide Grand Jury; defines additional terms, including the terms "contraband legend drug," "pedigree paper," and "repackager"; prohibits the purchase or sale of prescription drugs in wholesale distribution in exchange for currency; clarifies provisions prohibiting the transfer of legend drugs from or to any person not authorized to possess such drugs; prohibits additional acts concerning the distribution of prescription drugs; provides that failure to maintain or deliver pedigree papers, failure to authenticate pedigree papers, forgery of pedigree papers, purchase of legend drugs from an unlicensed person, sale of legend drugs to an unlicensed person, possession or sale of contraband legend drugs and possession with intent to sell or deliver contraband legend drugs, and forgery of prescription labels or legend drug labels are felony offenses; provides that trafficking in contraband legend drugs is a felony offense; provides enhanced penalties if the defendant is not a natural person; provides that the sale or purchase of a contraband legend drug resulting in great bodily harm is a first-degree felony; provides that the sale or purchase of a contraband legend drug resulting in death is a first-degree felony; provides that a legend drug that is unaccompanied by a proper pedigree paper or that has been in the possession of an unauthorized person is an adulterated drug; revises labeling requirements to conform to federal law; authorizes issuance of prescription drug manufacturer permits to the addresses of certain pharmacies; prohibits issuance of local occupational licenses to establishments not exhibiting a current permit; provides expiration dates for prescription drug wholesaler and out-of-state prescription drug wholesaler permits; requires that prescription drug repackagers, nonresident prescription drug manufacturers, and freight forwarders obtain a permit in order to do business; revises application requirements; provides for revocation of permit for failure to comply with requirements prohibiting transfer of a permit; excludes the transfer of prescription drugs within a hospital from the definition of wholesale distribution; provides bond requirements for prescription drug wholesalers and out-of-state prescription drug wholesalers; deletes provisions authorizing the department to grant out-of-state wholesalers reciprocity; requires freight forwarders and nonresident prescription drug manufacturers to obtain a permit; provides requirements for the permitting of prescription drug wholesalers, out-of-state prescription drug wholesalers, and retail pharmacy drug wholesalers; requires prescription drug wholesalers and out-of-state prescription drug wholesalers to designate a representative; requires pedigree papers for the transfer and sale of legend drugs; provides documentation requirements for the shipment of prescription drugs; provides requirements for wholesale drug distributors with respect to the exercise of due diligence; creates the Drug Wholesaler Advisory Council within the Department of Health; requires the council to review rules and make recommendations to the secretary of the department; provides requirements for repackagers of drugs, devices, and cosmetics; requires that a repackager obtain a permit from the department; specifies that certain restricted distributors are exempt from the requirements concerning pedigree papers; revises the schedule of fees for permits; extends the authority of the department to inspect pharmacies and retail pharmacy wholesalers; authorizes the department and the Department of Law Enforcement to inspect certain financial documents and records; requires the department to establish a website listing certain wholesaler permitholders and pending enforcement actions; authorizes the department to enter and inspect all permitted facilities at any reasonable time, to seize and destroy prescription drugs representing a threat to public health, and to close facilities that represent an imminent danger to public health; provides for enforcement actions by the department; provides for the department to issue cease and desist orders and to order the removal of certain persons from involvement with certain drug wholesalers; specifies additional grounds for denial of a permit or certification; revises certain penalty provisions; provides criminal penalties for violations related to drugs or false advertisement; conforms the offense severity ranking chart of the Criminal Punishment Code to changes made by the act; includes certain violations of part I of ch. 499, F.S., within the definition of racketeering activity; authorizes criminal violations of part I of ch. 499, F.S., to be prosecuted by the Office of Statewide Prosecution and heard by a statewide grand jury.
Companion Bill passed
CS/CS/SB 2312
Prescription Drug Protection Act
By
Appropriations and Health, Aging, and Long-Term Care and Peaden
Effective Date:
Except as otherwise expressly provided in this act, this act shall take effect July 1, 2003
Last Event:
Companion Bill passed, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 2312 on Friday, May 2, 2003 4:34 PM; HB Laid on Table