1.    Each person who is engaged in wholesale distribution of prescription drugs, including repackagers but excluding the original manufacturer of the finished form of the prescription drug which leave or have ever left the normal distribution channel, before each wholesale distribution of the drug, must provide a pedigree to the person who receives the drug.

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a.    A retail pharmacy or chain pharmacy warehouse must comply with the requirements of this section only if the pharmacy or chain pharmacy warehouse engages in wholesale distribution of prescription drugs.

b.    The board shall determine by July 1, 2009, a targeted implementation date for electronic track and trace pedigree technology. The determination must be based on consultation with manufacturers, distributors, and pharmacies responsible for the sale and distribution of prescription drug products in this state. After consultation with interested stakeholders and before implementation of the electronic track and trace pedigree technology, the board must determine that the technology is universally available across the entire prescription pharmaceutical supply chain. The implementation date for the mandated electronic track and trace pedigree technology may not be before July 1, 2010, and may be extended by the board in one-year increments if it appears the technology is not universally available across the entire prescription pharmaceutical supply chain.

2.    Each person engaged in the wholesale distribution of a prescription drug, including a repackager but excluding the original manufacturer of the finished form of the prescription drug, that is provided a pedigree for a prescription drug and attempts to further distribute that prescription drug shall verify affirmatively before any distribution of a prescription drug occurs that each transaction listed on the pedigree has occurred.

3.    The pedigree must:

a.    Include all necessary identifying information concerning each sale in the chain of distribution of the product from the manufacturer, or the manufacturer’s third-party logistics provider, colicensed product partner, or manufacturer’s exclusive distributor, through acquisition and sale by any wholesale distributor or repackager, until final sale to a pharmacy or other person dispensing or     administering the drug. At minimum, the necessary chain of distribution information must include:

(1) The name, address, telephone number, and if available, the electronic mail address, of each owner of the prescription drug, and each wholesale distributor of the prescription drug; (2) The name and address of each location from which the product was shipped, if different from the owner’s; (3) The transaction dates; and

(4) A certification that each recipient has authenticated the pedigree. b.    At minimum, the pedigree must also include the:

(1) Name of the prescription drug; (2) Dosage form and strength of the prescription drug; (3) Size of the container; (4) Number of containers; (5) Lot number of the prescription drug; (6) Name of the manufacturer of the finished dosage form; and

(7) National drug code (NDC) number.

4.    Each pedigree or electronic file must be:

a.    Maintained by the purchaser and the wholesale distributor for three years from the date of sale or transfer; and

b.    Available for inspection or use within five business days upon a request of an authorized officer of the law or the board.

5.    The board shall adopt rules and a form relating to the requirements of this section.