For the application of unique serial numbers, or Standard Numerical Identifiers (SNIs), to packages as part of compliance with the California Pedigree Law in 2015-2017 , GS1’s Electronic Product Code (EPC), particularly in barcode form, is the clear winning standard. But there seems to be a very common misconception going around that for pedigree data management, all you need to do to comply with that law is to deploy a system that is based solely on the GS1 Electronic Product Code Information Services (EPCIS) standard. The misconception assumes that there is a formula that can be followed to achieve compliance and that EPCIS is the whole formula.
In truth, EPCIS will almost certainly be an important component in the compliance formula but exactly how it fits, and whether there are other necessary components, has not yet been determined.
There are probably several reasons that this misconception persists. First, GS1 US continues to promote their 2015 “Readiness” Program as if it is that formula. The program documentation strongly implies that, if you simply follow their program, you will “be ready” to comply with the law; but it stops short of actually saying that you will be compliant.
Second, it seems like people are either able to understand the law well but not the technical standards, or they are able to understand the technical standards well but not the law. The legal folks are left to trust what the technical people say about EPCIS, and the technical people assume that as long as the data elements identified in the law are present somewhere then EPCIS must comply.
Now I am not a legal expert but I’ve been looking at the text of the California Pedigree Law for a few years now and I think I understand it at a level that allows me to estimate how various technical approaches might fill its requirements. Let me show you how the text of the law compares to the capabilities of the EPCIS standard. From that analysis I think you will either be able to see that EPCIS by itself is insufficient to comply with the law, or you may see some flaw in my logic. In that latter case, please leave a comment below to point out the flaw. My intent is not to provide you with legal advice but to explain how the EPCIS technical standard would likely be applied when using it in an attempt to comply with the law. Decide for yourself what you think will or won’t comply.
THE CALIFORNIA PEDIGREE LAW
The California Pedigree Law is now part of the California Business and Professions Code. There are a number of resources that the California Board of Pharmacy provides to help you study and interpret the code. Unfortunately all of the material on their website is a little out-of-date, but it still has some value.
- A page containing a copy of the pertinent text from the California Business and Professions Code. The text on this page is the way the regulations were prior to the most recent modification of the law that pushed the effective date out to 2015-1017. Most of it is still accurate.
- A draft of a PDF called “Questions and Answers Relating to the Electronic Prescription Drug Pedigree Law”. Dated January 2008 please note that this document was written for the regulation as it existed prior to the last modification that pushed the effective date out to 2015-2017. It is still a useful guide to the Board of Pharmacy’s interpretation of the law except when related to the effective dates and perhaps some of the exceptions to the law;
- A PDF called “Background and Summary of the California ePedigree Law”. The document doesn’t have a date but it is obviously describing the law as it was prior to the latest revision that pushed the effective date to 2015-2017. It is still useful because it provides some of the history leading up to that revision.
It would be nice if the Board would update these resources now that people are beginning to pay more attention to the current deadlines and are preparing for compliance.
To read the actual text of the current California Business and Professions Code click here and then search for the word “pedigree”, then click on the sections where your search finds that word. That should take you to the actual text of those sections of the Code. Now search for key words related to pedigrees.
I have written about the California Pedigree Law in the past. You might find these essays of interest. Click here for a list of RxTrace essays that contain references to it. Dr. Adam Fein of Pembroke Consulting has written frequently about pedigree in general including the California Pedigree Law over the last 5 years or so. Click here for a list of his DrugChannels blog essays about Pedigree.
THE CALIFORNIA CODE THAT IS PERTINENT TO THE TECHNICAL IMPLEMENTATION AIMED AT COMPLIANCE
First, what constitutes “a pedigree” under California Law?
(a) “Pedigree” means a record, in electronic form, containing information regarding each transaction resulting in a change of ownership of a given dangerous drug, from sale by a manufacturer, through acquisition and sale by one or more wholesalers, manufacturers, repackagers, or pharmacies, until final sale to a pharmacy or other person furnishing, administering, or dispensing the dangerous drug. The pedigree shall be created and maintained in an interoperable electronic system, ensuring compatibility throughout all stages of distribution.
(b) A pedigree shall include all of the following information:
(1) The source of the dangerous drug, including the name, the federal manufacturer’s registration number or a state license number as determined by the board, and principal address of the source.
(2) The trade or generic name of the dangerous drug, the quantity of the dangerous drug, its dosage form and strength, the date of the transaction, the sales invoice number or, if not immediately available, a customer-specific shipping reference number linked to the sales invoice number, the container size, the number of containers, the expiration dates, and the lot numbers.
(3) The business name, address, and the federal manufacturer’s registration number or a state license number as determined by the board, of each owner of the dangerous drug, and the dangerous drug shipping information, including the name and address of each person certifying delivery or receipt of the dangerous drug.
(4) A certification under penalty of perjury from a responsible party of the source of the dangerous drug that the information contained in the pedigree is true and accurate.
(5) The unique identification number described in subdivision (i).
(c) A single pedigree shall include every change of ownership of a given dangerous drug from its initial manufacture through to its final transaction to a pharmacy or other person for furnishing, administering, or dispensing the drug, regardless of repackaging or assignment of another National Drug Code (NDC) Directory number.
Dangerous drugs that are repackaged shall be serialized by the repackager and a pedigree shall be provided that references the pedigree of the original package or packages provided by the manufacturer.
The key to my argument is that all of this information (I’ve highlighted it for you above) must be present in “a record” or it isn’t a valid “Pedigree” according to this part of the Code. A “single pedigree” must include information about every change of ownership of a given drug or it’s not a valid pedigree.
We only need parts of one more section to be able to determine why EPCIS by itself won’t work for California pedigree. That’s section 4163. I’m leaving out parts that aren’t needed for my argument, including the exceptions, so feel free to review the entire section to convince yourself that I haven’t bent anything to benefit my case:
(c) […] commencing on July 1, 2016, a wholesaler or repackager may not sell, trade, or transfer a dangerous drug at wholesale without providing a pedigree.
(d) […] commencing on July 1, 2016, a wholesaler or repackager may not acquire a dangerous drug without receiving a pedigree.
(e) […] commencing on July 1, 2017, a pharmacy may not sell, trade, or transfer a dangerous drug at wholesale without providing a pedigree.
(f) […] commencing on July 1, 2017, a pharmacy may not acquire a dangerous drug without receiving a pedigree.
(g) […] commencing on July 1, 2017, a pharmacy warehouse may not acquire a dangerous drug without receiving a pedigree.
So once the law goes into effect, wholesalers, repackagers and pharmacies cannot sell, trade or transfer a drug without providing the buyer with “a pedigree”, and, separately, wholesalers, repackagers and pharmacies cannot buy a drug without receiving “a pedigree” from the seller. Notice that this obligates both the buyer and seller independently. If “a pedigree” isn’t provided with the transaction, both buyer and seller are breaking the law.
HOW EPCIS WAS DESIGNED TO WORK
EPCIS was designed to be used to implement a distributed network of repositories that each contain records describing the WHO, WHAT, WHEN and WHY of supply chain events that occur as serialized products move through a supply chain. The original vision of EPCIS as applied to the U.S. pharmaceutical supply chain would expect each pharma manufacturer, each distributor and each pharmacy to have their own event repository that conforms to the EPCIS specification.
In their repositories, these companies would save records—or, events—that describe all of the serial number-based events that would occur while the drugs were under their control. That is, the manufacturer’s repository would hold all of the events related to each drug package that occurred during manufacturing through shipment to the their customer, but it would not hold any of the events that occurred on the properties of downstream owners of those drugs. Likewise, the distributor who bought the drugs from the manufacturer would typically hold only the events for those drugs from the point of receipt from the manufacturer through their own shipment to their customer. And so on down the supply chain.
APPLYING BASIC EPCIS TO THE BASIC PEDIGREE PROBLEM
To get a full “trace”, or “supply chain history”, of a given package of a drug you would need to query each of the EPCIS repositories of all previous owners back to and including the manufacturer. This “trace report” that would result would be a good example of a “chain of custody” report, but it would fall short of what California calls “a pedigree”. It may be a valid pedigree in other jurisdictions under different laws but in California it would be missing the following necessary data elements from their definition:
- “Name”, “registration number or a state license number and principle address of the source”
These data elements would be missing because, by definition, EPCIS makes use of Supply Chain Master Data (SCMD) references to save space. Instead of the explicit information called out in the law the trace records produced by EPCIS queries would contain GS1 Global Location Numbers (GLNs) which are 13-digit numbers that are supposed to represent most of this data. That representation is defined by the owner of the GLN and they are under no obligation to maintain it or to ensure that the data has a single, fixed association with the GLN.
- “Trade or generic name”, “dosage form”, “strength”, and “container size”
These data elements would be missing because, like its use of GLN’s, EPCIS is designed to also use SCMD references for product data to save space. In place of this data, each event would include only a GS1 Global Trade Item Number (GTIN) which is a 14-digit number that is supposed to represent most of that product data. The manufacturer of the drug owns the relationship between the GTIN and the associated product data, but they are under no obligation to ensure there is only one, unchanging set of product data associated with that number.
- “Business name”, “address”, “federal manufacturer’s registration number or a state license number”…”of each owner” of the drug, including the “name” and “address of each person certifying delivery or receipt” of the drug
Again, EPCIS events would hold a representation of this information as a set of GLN’s to save space. The actual data would only be implied.
- “A certification under penalty of perjury from a responsible party of the source of the dangerous drug that the information contained in the pedigree is true and accurate”
The EPCIS standard doesn’t define anything like this kind of data.
- “A single pedigree shall include every change of ownership…”
The chain of custody report that is built as the result of the set of queries mentioned above would be a set of records that would need to be interpreted and the information combined into a single record. But this would only be possible if the current owner knows who to query and then only if all of the previous owners of the drug were willing and technically able to reply at that particular moment with their contribution of the events they hold about that particular drug.
That’s a lot of missing information. It may seem like the EPCIS standard is so far away from what the law calls for that it is hopeless to expect it to ever work. Not quite. EPCIS has an important feature that is intended to allow users to extend its operation in multiple ways. This feature allows EPCIS to be shaped into solutions that can fit problems much more flexibly than previous general purpose systems might have in the past. Can this extensibility feature address all of the missing information in some way and turn the chain of custody report into a compliant pedigree? Perhaps. I will consider that possibility in future essays in this series. But first…
ENTER THE GS1 US HEALTHCARE 2015 READINESS PROGRAM
GS1 US saw these problems with EPCIS a number of years ago. Since that time their Healthcare Traceability group has been working on potential solutions to some of the problems I listed above. I can’t write about exactly how they propose to do that because they have policies that prevent the disclosure of that kind of internal information. However, it appears that GS1 US is just about to make that kind of information public themselves in the next few weeks. As soon as they do I will pick up this topic again and explain how their ideas might or might not address this list of deficiencies.
WHAT ABOUT GS1 (GLOBAL) HEALTHCARE?
That’s a good question. That organization has been busy working on pedigree-related ideas as well, though at a global level, and, not coincidentally, they too are about to make public their latest thoughts on how to use the EPCIS standard for network-centric ePedigree applications. Although their work is intentionally not aimed at meeting the exact requirements of the California law (because it is a global effort), their work does beg for an explanation of how it might fit if those ideas were applied in that State Law. This release of information will probably occur in the next few weeks as well. So we will shortly have lots of ideas in the public domain that we can discuss and analyze. In fact, I hope we are not overwhelmed!
WILL ANY OF THIS MAKE ANY DIFFERENCE AT ALL?
Another great question. In fact, it may all become moot, because a new federal pedigree bill was apparently introduced into the U.S. Congress a couple of weeks ago by Representative Jim Matheson [D-UT]. If that bill, or some modified version of it eventually makes it out of committee and then passes both Houses of Congress and then if the President signs it, it would almost certainly pre-empt the California Pedigree Law. In that case, we will all shift our attention to the peculiarities of the Federal regulation and the likely FDA guidance that would certainly follow.
However, it is very hard to estimate the likelihood that this, or other bills like it in the future, will pass. Similar bills introduced in past sessions have not made it out of committee. So until one of these bills make it through the entire process, it makes the most sense to keep our eyes on the realities of the California requirements.
Stay tuned for Part 2 as soon as the GS1 US and GS1 (global) documents are made public.
For Part 2 in this series, see “Why GS1 EPCIS Alone Won’t Work For California Pedigree, Part 2“.