PRINTER'S NO. 894
No. 804 Session of 2001
INTRODUCED BY DeLUCA, BEBKO-JONES, BELARDI, BELFANTI, BISHOP,
CALTAGIRONE, CAPPABIANCA, CASORIO, CAWLEY, M. COHEN, COSTA,
COY, CRUZ, CURRY, EACHUS, FRANKEL, GEORGE, GRUCELA, HANNA,
HORSEY, JAMES, JOSEPHS, LaGROTTA, LAUGHLIN, LESCOVITZ,
McCALL, MELIO, OLIVER, PETRARCA, PISTELLA, PRESTON, ROBINSON,
SANTONI, SHANER, SOLOBAY, STABACK, STEELMAN, SURRA,
TANGRETTI, THOMAS, TRAVAGLIO, TRELLO, TRICH, WALKO,
WASHINGTON, WATERS, WOJNAROSKI AND YUDICHAK,
FEBRUARY 26, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
FEBRUARY 26, 2001
AN ACT
1 Regulating the price of prescription drugs; conferring powers
2 and duties on the Pharmaceutical Assistance Review Board; and
3 imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Prescription
8 Drug Pricing Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Board." The Pharmaceutical Assistance Review Board.
14 "Dispenser." A person that sells a prescription drug to an
1 individual.
2 "Prescription drug." A drug requiring a prescription in this
3 Commonwealth, insulin, an insulin syringe and an insulin needle.
4 The term excludes an experimental drug or a drug prescribed for
5 wrinkle removal or hair growth.
6 "Schedule." The retail price schedule for prescription drugs
7 under section 3.
8 Section 3. Schedule.
9 (a) Establishment.--The board shall produce a retail price
10 schedule for prescription drugs in accordance with the prices
11 established under the program under Chapter 5 of the act of
12 August 26, 1971 (P.L.351, No.91), known as the State Lottery
13 Law, including copayments and dispensing fees.
14 (b) Publication.--The schedule shall take effect upon its
15 publication in the Pennsylvania Bulletin. The schedule shall be
16 codified in the Pennsylvania Code.
17 Section 4. Offense.
18 (a) Prohibition.--A dispenser may not sell or offer to sell
19 a prescription drug at a price in excess of the price listed for
20 the prescription drug on the schedule.
21 (b) Penalty.--A dispenser that violates subsection (a)
22 commits a misdemeanor of the third degree and shall, upon
23 conviction, be sentenced to pay a fine under 18 Pa.C.S. §
24 1101(6) (relating to fines).
25 Section 5. Effective date.
26 This act shall take effect in 60 days.
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