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AVDA, through the lobbying firm of Capital
Ideas, has introduced SB 2122 in the Florida Senate. This “glitch’ bill
is necessary to fix an unintended conflict in the veterinary
prescription drug wholesaler permit statute that was passed by the
legislature last year and was known as CS/SB 1540. CS/SB 1540 whose
language was written by the Florida Department of Health (FDOH),
contained language which the FDOH has now determined limits its ability
to grant the Limited Veterinary Prescription Drug Wholesaler permits
authorized by CS/SB 1540.
Chapter 499.012(2)(h)(3) reads:
3. The person is not permitted, licensed, or otherwise authorized in
any state to wholesale prescription drugs subject to, defined by, or
described by s. 503(b) of the Federal Food, Drug, and Cosmetic Act to
any person who is authorized to sell, distribute, purchase, trade, or
use these drugs on or for humans.
Chapter 499.012 (2)(h)(5) reads:
5. A limited prescription drug veterinary wholesaler must maintain at
all times a license or permit to engage in the wholesale distribution of
prescription drugs in compliance with laws of the state in which it is a
resident
The conflict arises because paragraph (3) says the permitee cannot be
licensed in any other state to sell human drugs which could be
sold for human use.
Paragraph (5) says that same permitee must maintain a license to
engage in wholesale distribution of human drugs in all states in which
it operates.
No other state currently grants this Limited Veterinary Rx Drug
Wholesaler permit. Thus, all applicants for the Florida permit hold
permits in other states which allow them to sell human drugs for human
use. When the applicant complies with (5), it then is placed in a
situation of not being able to qualify for the permit because of the
language in (3).
We have learned that (3) was written in anticipation that other states
would follow Florida and enact a similar permit. Upon application by a
Limited Vet Rx wholesaler from another state, FDOH would then require
the permit applicant to relinquish its “general” wholesale permit in
Florida when it was granted the new permit.
Attorneys intimately familiar with the issues surrounding “statutory
construction” believe paragraph (5) can be read without paragraph (3)
and that FDOH can grant permits under existing law. AVDA feels the
Legislature should resolve this internal statutory conflict by removing
(3) from the statute at this point in time. AVDA continues to work with
FDOH toward acceptance of pending permit applications while it works
with the Legislature to provide a long term solution.
The bill was referred to the Senate and House committees on Health,
Agriculture and Related Industries. The Senate Health Care committee may
hear the bill this week.
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