March 2005                        return to newsletter contents page

Florida Legislation Still Needs Work

The state of Florida took a big step forward last year by recognizing that veterinary distributors can and should be regulated differently than human drug distributors.

"That’s a good first step” said Jackie King, Executive Director of AVDA. “However, AVDA members believe there is a need to create another animal-health wholesaler license in Florida to allow veterinary distributors, selling human drugs directly to veterinarians to be exempt from passing pedigree on those drugs.”

In an effort to accomplish this task, Capital Ideas, has been hired by AVDA to pursue legislation which will allow veterinary distributors to sell human drugs to veterinarians without passing pedigree on those drugs.

In 2003, Florida passed sweeping statutory changes in its licensing procedures for human drug wholesalers. These changes also affected wholesalers who sell animal-health labeled products and human labeled products sold to veterinarians and subjected them to the same regulations as those imposed on human drug wholesalers.

In 2006, that chain of ownership documentation is to be passed through the chain of distribution from the manufacturers to the pharmacy. Thus, this means the “pedigree” would go from the manufacturer all the way to the veterinary clinic. This will result in the veterinarian and distributor being forced to, not only maintain this paper trail, but also to make certain they can certify, under threat of perjury, that any product returned to the wholesaler is the very same vial which was purchased from that wholesaler.

The original law applied to distribution of all prescription drugs, whether or not they were sold in the human distribution channel or the animal-health distribution channel.

However, in 2004 Capital Ideas, the lobbying firm recently hired by AVDA, convinced the Florida legislature modify the act to create a new license for animal-health wholesalers who sell only animal-health labeled pharmaceuticals. These wholesalers are now exempt from all background checks, bond requirements, the mandate to pass a test on human drug laws, passing pedigree on animal-health products and the $2 million liability insurance requirement.

While this was a good first step, those wholesalers who also sell human- labeled drugs to veterinarians still must comply with all the human drug provisions including the passage of pedigree papers to veterinarians Thus, these wholesalers and the veterinarians to whom they sell, must maintain these enormous records and store their inventory accordingly.

In addition, these wholesalers must continue to keep a bond in force, maintain liability insurance against passing adulterated doses of drugs they don’t even purchase, pass the human drug rules test and subject their families to having personal information available to the general public.

HB 895 and SB 1654 have been introduced in to the Florida Legislature. The Legislature convened March 8 and will extend through May 5. AVDA members are urged to contact the legislators listed in this article to show their support for this important legislation.

The legislation states: in section 2, paragraph 3, “The pedigree paper requirements in this paragraph do not apply to …… veterinary legend drugs, or approved human drugs sold directly to veterinarians.”

Suggested Message of support to HB 895/SB 1654.

“Last session the Florida Legislature created a unique license for wholesalers selling veterinary products to veterinarians. This year, the American Veterinary Distributors Association is seeking to expand that license to allow certain human drugs to be sold to veterinarians without passing pedigree on those drugs.

AVDA is comprised of both veterinary wholesalers and pharmaceutical manufacturers who believe safeguards can be put in place which will allow human drugs to be sold directly to veterinarians without pedigree. If pedigree is passed with the drugs, veterinarians will be forced to keep all drugs they purchase in separate locations with the paperwork attached. not only is this cumbersome for the vet, it is costly and will require additional storage space to be created by vets. The drugs purchased by vets are not the ones which have been counterfeited, adulterated or diverted and there is no need to pass pedigree on these few human drugs which are sold to vets.”

House Health Care Committee list:

(you will note that all House members' addresses have the same format: firstname.lastname@myfloridahouse.gov

CHAIRMAN: Rene Garcia rene.garcia@myfloridahouse.gov

Eleanor Sobel eleanor.sobel@myfloridahouse.gov

Dorothy Bendross-Mindingall dorothy.bendross.mindingall@myfloridahouse.gov

Gus Bilirakis gus.bilirakis@myfloridahouse.gov 

Marty Bowen marty.bowen@myfloridahouse.gov

Larry Cretul larry.Cretul@myfloridahouse.gov

Bob Henriquez bob.henriquez@myfloridahouse.gov

Ed Homan ed.homan@myfloridahouse.gov

Ralph Poppell ralph.poppell@myfloridahouse.gov

Bill Proctor bill.proctor@myfloridahouse.gov

Yolly Roberson yolly.roberson@myfloridahouse.gov

Senate Health Care Committee

All Senate addresses have the same format: last name.firstname.web@flsenate.gov

Durrell Peaden peaden.durrell.web@myflsenate.gov

Mandy Dawson dawson.mandy.web@flsenate.gov

Jeff Atwater atwater.jeff.web@flsenate.gov

Mike Fasano fasano.mike.web@flsenate.gov