Fla. Admin. Code R. 61N-1.012
(2) Any person engaged in the manufacture of prescription drugs, the wholesale distribution of prescription drugs, or otherwise receiving or distributing prescription drugs must maintain records as follows:
(3) Pedigree Papers.
(a) 1. The pedigree papers required by section 499.01212, F.S., must include either the proprietary name or the generic name with the name of the manufacturer, repackager, or distributor as reflected on the label of the product; dosage form; strength; container size; quantity by lot number; the name and address of each owner of the prescription drug that is required to be identified on the pedigree paper; the name and address of each location from which it was shipped if different from the owner’s; and the transaction dates. The pedigree paper must clearly identify the invoice to which it relates; however, if an invoice number has not been generated at the time the pedigree is prepared then an alternate reference number that is easily traceable to the invoice number may be used.
2. A copy of the pedigree paper must be maintained by each wholesale distributor preparing a pedigree paper and by each recipient. This copy may be maintained in an electronic medium that is readily available and easily accessible to the wholesale distributor preparing the pedigree paper; each recipient; and authorized federal, state, and local regulators or law enforcement. If a wholesale distributor serves as the repository of its customer’s pedigree, the wholesale distributor must specify on the customer’s invoice or other distribution document the method for immediately accessing all pedigrees associated with each prescription drug distributed and must enable access by the persons listed above for the duration of the applicable records retention period.
(f) Returns.
1. When a distribution of a prescription drug by a wholesale distributor to a pharmacy or a health care entity, including a practitioner, licensed and authorized under Florida law to purchase and receive the prescription drug is the result of a mistake in ordering or shipment, the return of that prescription drug by the recipient to the wholesale distributor need not be reflected in a pedigree paper. For purposes of this subparagraph, a mistake in ordering or shipment shall be deemed to have occurred if, within fourteen calendar days after the date of receipt of the original shipment:
a. The recipient ships the specific unit of the prescription drug back to the wholesale distributor from which that specific unit was purchased; or
b. The recipient transmits a documented communication to the wholesale distributor from which the prescription drug was purchased stating the recipient’s intent to return the shipment in accordance with the wholesale distributor’s prescribed written policies and procedures and the wholesale distributor communicates authorization for return of the product.
2. Any returns to a wholesale distributor that are not within the scope of subparagraph 1. shall be reflected in a pedigree paper for any subsequent wholesale distributions of the returned drug product to the extent required by section 499.01212, F.S.
3. A recipient that returns a prescription drug to the wholesale distributor in accordance with subparagraph 1. or 2. shall verify by written declaration as set forth in section 92.525(2), F.S., a written document submitted with the returned product:
a. That the specific unit (exact unit) being returned was purchased from the receiving wholesale distributor (including the corresponding sales invoice number and the date of the sale from that wholesale distributor to the authorized recipient); and,
b. That the product was or was not stored and shipped in accordance with the requirements of section 499.0121, F.S., and the rules adopted thereunder while in the purchaser’s custody and control.
c. The written declaration shall be printed or typed at the end of or immediately below the statements in sub-subparagraphs 3.a. and 3.b. and shall state: “Under penalties of perjury, I declare that I have read the foregoing and that the facts stated in it are true,” followed by the signature of the person making the declaration.
(b) Records for permittees located in the state or persons located in Florida and required to be permitted under chapter 499, F.S., may be stored by computer or other electronic means at a central location inside or outside of the state, but must be readily available and immediately retrievable, i.e., subject to inspection at the permitted establishment during the inspection.
1. Records that are maintained at a central location within this state must be maintained at an establishment that is permitted pursuant to sections 499.001-.081, F.S., in that person’s name.
2. If not maintained at a central location, records must be maintained at the permitted location or, if not otherwise permitted, at the address reflected on the product registration.
3. A permitted establishment in Florida that maintains records at a location outside of the state must have a method, such as computerized access, to make records readily available and immediately retrievable. These records must also be made available at the permitted establishment for copying or reproducing within two working days after a request.
4. An establishment permitted at an address outside of the state must make records available for inspection within two working days after a request.
(15) Charitable Donations of Prescription Drug. A physician or other authorized recipient donating prescription drugs, including prescription drug samples, pursuant to section 499.003(53)(b)5., F.S., must prepare and maintain a donation record that includes at a minimum:
(16) Establishing an ongoing relationship pursuant to section 499.01212, F.S. A wholesale distributor that is not listed as an authorized distributor of record on the list submitted to the department by a prescription drug manufacturer may request the department add the wholesale distributor to the department’s website of authorized distributors of record for a drug manufacturer for purposes of the pedigree paper requirements of section 499.01212, F.S., that become effective March 1, 2004, provided that such wholesale distributor satisfies the requirements of paragraph (a) or (b), below.
(a) A wholesale distributor or its affiliated group must submit the information in subparagraphs 1. and 2., below, to document eligibility for inclusion as an authorized distributor of record for a manufacturer of prescription drugs pursuant to section 499.01212, F.S. If the information submitted in subparagraphs 1. and 2., is based on the cumulative activity of an affiliated group, a wholesale distributor or its affiliated group must submit the information in subparagraph 3. below to document the eligibility of the individual wholesale distributor establishment that is a member of the affiliated group to be an authorized distributor of record for a manufacturer of prescription drugs pursuant to section 499.01212, F.S.
1. To document total annual prescription drug sales of $100 million or more submit either:
a. The most recent audited financial report that includes an Income Statement or Statement of Profit/Loss that indicates sales of prescription drugs of at least $100 million. (Note: the statement or notes in the audited financial report must clearly demonstrate the sales amount related to prescription drugs as opposed to other commodities); or
b. A signed attestation from a certified public accountant that the establishment or affiliated group, if applicable, had total annual prescription drug sales of $100 million or more in the most recent fiscal year; or
c. A computerized listing of prescription drug sales transactions during the period 10/1/02 – 9/30/03, or a 12-month period ending on the last day of the most recent calendar quarter, of at least $100 million. This report must be totaled. The detail should include the invoice number, invoice date, customer name, and total invoice amount related to prescription drugs. A statement must be provided that the report documents at least $100 million in prescription drug sales, excluding customer returns; and,
2. For each manufacturer for whom the wholesale distributor claims authorized distributor of record status, submit both subparagraphs a. and b., to document that the wholesale distributor annually purchases not less than 90%, based on dollar volume, of all of its purchases of a manufacturer’s prescription drug products directly from that manufacturer.
a. A computerized listing of all of a manufacturer’s prescription drugs purchased by the wholesale distributor during the period 10/1/02 – 9/30/03, or a 12-month period ending on the last day of the most recent calendar quarter, regardless of the source of those prescription drugs. This report must be totaled; and,
b.(I) A computerized listing of all purchases of a manufacturer’s prescription drugs directly from the manufacturer during the same time period. This report must be totaled. The detail should include the invoice number, invoice date, and total invoice amount related to prescription drugs. A statement must be provided that the report documents at least 90% of the wholesale distributor’s purchases of a manufacturer’s prescription drug products directly from that manufacturer, excluding returns to the manufacturer; or
(II) Copies of the manufacturer’s sales invoices of prescription drugs to the wholesale distributor. An adding machine tape, or equivalent, must be included that lists each invoice, in order, and provides a total of all invoices submitted. A statement must be provided that the invoices document at least 90% of the wholesale distributor’s purchases of a manufacturer’s prescription drug products directly from that manufacturer, excluding returns to the manufacturer.
3. Each wholesale distributor establishment that applies to the department to be listed as an authorized distributor of record of a drug manufacturer based upon its affiliated group’s ongoing relationship with the manufacturer, or the affiliated group on behalf of each wholesale distributor establishment, must submit the names and address of all member wholesale distributor establishments of the affiliated group. In addition, each wholesale distributor establishment must either:
a. Conduct its prescription drug wholesale activities under an establishment name that incorporates the same business name as the affiliated group upon which the eligibility criteria for the affiliated group was met; or
b. Hold a valid prescription drug wholesale distributor permit or out-of-state prescription drug wholesale distributor permit issued under chapter 499, F.S.
(b) A wholesale distributor or its affiliated group must submit the information in subparagraphs 1. and 2., below, to document eligibility for inclusion as an authorized distributor of record for a manufacturer of prescription drugs pursuant to section 499.01212, F.S.
1. To document total annual prescription drug sales of $100 million or more submit either:
a. The most recent audited financial report that includes an Income Statement or Statement of Profit/Loss that indicates sales of prescription drugs of at least $100 million. (Note: the statement or notes in the audited financial report must clearly demonstrate the sales amount related to prescription drugs as opposed to other commodities); or
b. A signed attestation from a certified public accountant that the establishment or affiliated group, if applicable, had total annual prescription drug sales of $100 million or more in the most recent fiscal year; or
c. A computerized listing of prescription drug sales transactions during the period 10/1/02 – 9/30/03, or a 12-month period based on the most recent calendar quarter, of at least $100 million. This report must be totaled. The detail should include the invoice number, invoice date, customer name, and total invoice amount related to prescription drugs. A statement must be provided that the report documents at least $100 million in prescription drug sales, excluding customer returns.
2. For each manufacturer for whom the wholesale distributor claims authorized distributor of record status, submit sub-subparagraph a., b., or c., to document that the wholesale distributor has a verifiable account number issued by the manufacturer and has made at least 12 purchases of prescription drugs directly from that manufacturer using the verifiable account number.
a. If the wholesale distributor is a member of an affiliated group and all purchases from that manufacturer are made at a central location for the wholesale distributor, copies of at least 12 invoices dated during the previous 12 months from the date the information is submitted, which invoices document purchases of prescription drugs, at least one unit of which on each invoice was not returned, under that central account number but shipped to the wholesale distributor’s address for whom the authorized distributor of record status is claimed. A statement must be provided that the invoices document purchases of prescription drugs for the wholesale distributor for whom the authorized distributor of record status is claimed and that the wholesale distributor did not return to the manufacturer at least one unit of the prescription drugs on each invoice.
b. If the wholesale distributor is a member of an affiliated group and all purchases from that manufacturer are made at a central location and received at a central location for the wholesale distributor, copies of at least 12 invoices dated during the previous 12 months from the date the information was submitted, under the same account number which is clearly assigned to the wholesale distributor at the permitted address. Each invoice must document the purchase of prescription drugs, of which at least one unit identified on the invoice was not returned. A statement must be provided that the invoices document purchases of prescription drugs by that central location and that the central location or wholesale distributor for which the drugs were obtained did not return to the manufacturer at least one unit of the prescription drugs on each invoice, and that the central location shipped at least 12 times to the individual wholesale distributor for whom the authorized distributor of record status is claimed during the 12 months based on the fiscal year or designated timeframe.
c. For all other wholesale distributors, copies of at least 12 invoices dated during the previous 12 months from the date the information was submitted, under the same account number that is clearly assigned to the wholesale distributor at the permitted address. Each invoice must document the purchase of prescription drugs, of which at least one unit identified on the invoice was not returned. A statement must be provided that the invoices document purchases of prescription drugs by that wholesale distributor and that the wholesale distributor did not return to the manufacturer at least one unit of the prescription drugs on each invoice.
Rulemaking Authority 499.05, 499.0121 FS. Law Implemented 499.01, 499.012, 499.0121, 499.01212, 499.028, 499.04, 499.041, 499.05, 499.051, 499.052, 499.06, 499.066, 499.067 FS. History–New 1-1-77, Amended 12-12-82, 7-8-84, 1-30-85, Formerly 10D-45.53, Amended 11-26-86, 2-4-93, 7-1-96, Formerly 10D-45.053, Amended 1-26-99, 4-17-01, 10-7-03, 1-1-04, 6-15-04, 8-2-04, 1-19-06, 8-6-06, Formerly 64F-12.012, Amended 3-4-13, 11-16-15.