Rep. Jack D. Franks
Filed: 5/30/2007
 
 

 




 

 		












09500SB0509ham005

LRB095 10560 RAS 37416 a






1

AMENDMENT TO SENATE BILL 509




2
    AMENDMENT NO. ______. Amend Senate Bill 509, AS AMENDED, 
3
with reference to page and line numbers of House Amendment No. 
4
2, as follows:
 
5
on page 2, line 15, by deleting "either of"; and
 
6
on page 3, line 23, after "distributor", by inserting "or by an 
7
authorized distributor of record that purchased the product 
8
directly from the manufacturer or one of these entities"; and
 
9
on page 4, line 6, after "distributor", by inserting "or from 
10
an authorized distributor of record that purchased the product 
11
directly from the manufacturer or one of these entities"; and
 
12
on page 5, line 19, after "drug", by inserting "to a patient"; 
13
and
 
 


 






09500SB0509ham005
- 2 -
LRB095 10560 RAS 37416 a




1
on page 5, line 23, by deleting "or"; and
 
2
on page 6, line 1, by replacing "patient." with "patient; or"; 
3
and
 
4
on page 6, immediately below line 1, by inserting the 
5
following:
6
        "(6) an authorized distributor to a pharmacy or other 
7
    persons licensed to dispense or administer the drug."; and
 
8
on page 9, line 12, after "pharmacy", by inserting ", mail 
9
order pharmacy,"; and
 
10
on page 9, lines 14 and 15, by replacing "manufacturer or to" 
11
with "manufacturer, the originating wholesale distributor, 
12
or"; and
 
13
on page 12, line 9, after "affiliates", by inserting 
14
"licensed"; and
 
15
on page 23, by replacing lines 9 through 12 with the following:
16
    "stock, to any crime under the laws of the United States or 
17
    any state or territory of the United States that is a 
18
    felony or a misdemeanor, of which an essential element is 
19
    dishonesty, or any crime that is directly related"; and
 
 


 






09500SB0509ham005
- 3 -
LRB095 10560 RAS 37416 a




1
on page 25, lines 17 and 18, by replacing "processor, and such 
2
returns or exchanges," with "processor. Returns or exchanges of 
3
prescription drugs, saleable or otherwise,"; and
 
4
by replacing line 22 on page 27 through line 20 on page 28 with 
5
the following:
6
    "(a) Each person who is engaged in the wholesale 
7
distribution of prescription drugs, including repackagers, but 
8
excluding the original manufacturer of the finished form of the  
9
prescription drug, that leave or have ever left the normal 
10
distribution channel shall, before each wholesale distribution 
11
of the drug, provide a pedigree to the person who receives the

12
drug.  A retail pharmacy, mail order pharmacy, or chain pharmacy 
13
warehouse must comply with the requirements of this Section 
14
only if the pharmacy or chain pharmacy warehouse engages in the 
15
wholesale distribution of prescription drugs.   On or before July 
16
1, 2009, the Department shall determine a targeted 
17
implementation date for electronic track and trace pedigree 
18
technology. This targeted implementation date shall not be 
19
sooner than July 1, 2010. Beginning on the date established by 
20
the Department, pedigrees may be implemented through an 
21
approved and readily available system that electronically 
22
tracks and traces the wholesale distribution of each 
23
prescription drug starting with the sale by the manufacturer 
24
through acquisition and sale by any wholesale distributor and 
25
until final sale to a pharmacy or other authorized person 
 


 






09500SB0509ham005
- 4 -
LRB095 10560 RAS 37416 a




1
administering or dispensing the prescription drug.  This 
2
electronic tracking system shall be deemed to be readily 
3
available only upon there being available a standardized system 
4
originating with the manufacturers and capable of being used on 
5
a wide scale across the entire pharmaceutical chain, including 
6
manufacturers, wholesale distributors, and pharmacies.  
7
Consideration must also be given to the large-scale 
8
implementation of this technology across the supply chain and 
9
the technology must be proven to have no negative impact on the 
10
safety and efficacy of the pharmaceutical product."; and
 
11
on page 31, line 9, by replacing "Section 57" with "Section 
12
56".