Archive: Prescription Drugs

  • Resolution on State Use Tax on Prescription Drug Samples March 15, 2013

    Resolution on State Use Tax on Prescription Drug Samples   Summary Many states currently impose a state use tax on prescription drug samples, while at the same time exempting the sale of prescription drugs from this tax. Free drug samples give patients the opportunity to try new therapies and begin treatment immediately. This Resolution requests that states pass legislation providing a tax exemption on prescription drug samples. Model Resolution WHEREAS, eighteen states impose a use tax on prescription drug samples; and WHEREAS, in the process of imposing a use tax, many states have also specifically exempted the sale of prescription drugs, […]

  • Resolution on Federalism in Recycling Narcotics March 15, 2013

    Resolution on Federalism in Recycling Narcotics Model Resolution WHEREAS, The federal Centers for Medicare and Medicaid Services estimates that more than $1 billion in unused prescription drugs—including Schedule II controlled substances and other narcotics—are improperly disposed of each year, and; WHEREAS, Unused prescription drugs disposed of in the sewage system flow into rivers, lakes, oceans, and are spread onto farm fields as sludge, and; WHEREAS, Unused prescription drugs disposed of in the trash can be scavenged by identity thieves, poison children and animals, and seep through landfills into groundwater, and; WHEREAS, The poor, uninsured, and underinsured can benefit from the […]

  • Drug Re-Importation Liability Act March 15, 2013

    Drug Re-Importation Liability Act To amend Chapter {___} of Title {___} of the Official Code of {insert state} Annotated, relating to general provisions of torts, so as to provide for limited liability for physicians and pharmaceutical companies from claims for damages incurred pursuant to prescriptions filled with products from outside of the United States or its territories. BE IT ENACTED BY THE GENERAL ASSEMBLY OF {insert state} Chapter {___} of Title {___} of the Official Code of {insert state} Annotated, relating to general provisions for torts, is amended by adding at the end thereof of a new Code section, to […]

  • Good Samaritan Drug and Medical Supply Donation Act March 15, 2013

    Good Samaritan Drug and Medical Supply Donation Act Summary The purpose of this Act is to encourage the donation of medical supplies and drugs by the private sector to nonprofit organizations for distribution to needy individuals without the threat of liability.  The Act protects a person, corporation, partnership, organization, association, or governmental entity from the civil or criminal liability arising from the nature, age, packaging, or condition or drugs or medical supplies that the entity donates in good faith to a nonprofit organization for ultimate distribution to needy individuals.  The immunity would not apply to an injury to or death […]

  • Clinical Trial and Results Registries Act March 15, 2013

    Clinical Trial and Results Registries Act Model Legislation Section 1. Short Title.  This Act shall be known as the “Clinical Trial and Results Registries Act.” Section 2. Summary.  This bill establishes an agreement for {insert state} to adopt and abide to federal legislation for Clinical Trial and Results Registries (CTRR). Section 3. Background.  In 1997, the FDA Modernization Act (FDAMA), Section 113 (“FDAMA 113”) mandated the posting of Phase II to Phase IV industry-sponsored clinical trials conducted under an Investigational New Drug (IND) application for serious and life-threatening illnesses onto a public registry, maintained by the National Library of Medicine […]

  • Drug Liability Act March 15, 2013

    Drug Liability Act   Summary This Act establishes in statutory form certain clear limitations with the respect to the imposition of liability in actions for damages alleged to have been caused by certain drugs. Model Legislation Section 1. This Act may be cited as the “Drug Liability Act.” Section 2. The legislature finds and reports that there is a need for remedial legislation to establish in statutory form certain clear limitations with respect to the imposition of liability in actions for damages alleged to have been caused by certain drugs. The legislature also finds and declares that the lack of such […]

  • Cancer Drug Donation Program Act March 15, 2013

    Cancer Drug Donation Program Act Model Policy Section 1. Title.  This Act shall be known as the “Cancer Drug Donation Program Act.” Section 2. Definitions.  For purposes of the Cancer Drug Donation Program Act, the following definitions apply: (A) “Cancer drug” means a prescription drug used to treat cancer or its side effects or used to treat the side effects of a prescription drug used to treat cancer or its side effects.  “Cancer drug” does not include drugs for the treatment of cancer that can only be dispensed to a patient registered with the drug manufacturer in accordance with federal […]

  • Resolution on Prescribing Data March 15, 2013

    Resolution on Prescribing Data Model Resolution WHEREAS, The American Medical Association (AMA) maintains a Physician Masterfile that includes current and historical data on individual physicians (whether or not the physicians are members of the AMA), but does not include physician prescribing data; and WHEREAS, The AMA licenses Physician Masterfile data to health care information organizations, which in turn match physician prescribing data, obtained from pharmacies and other sources, to Physician Masterfile data; and WHEREAS, Health care information organizations market the matched data to government agencies, academic institutions, and pharmaceutical manufacturers for a wide range of research and commercial purposes, which […]

  • Prior Authorization Resolution March 15, 2013

    Prior Authorization Resolution  Summary This resolution was developed by the Health Care Task Force for state legislators to show support for open access to pharmaceuticals as an effective method of containing costs in the total Medicaid budget.  This resolution also states opposition to restrictive measures such as drug formularies and prior authorization programs. Model Resolution WHEREAS prescription medicines are vitally important to ensuring good health and quality of life for Medicaid recipients; and WHEREAS the cost-effectiveness of pharmaceuticals contribute to improved overall health care is exemplified by a reduction in emergency room visits, in-hospital days, physician visits, unnecessary surgeries, as […]

  • Resolution In Support of the PhRMA Code and Corporate Self-Regulation March 15, 2013

    Resolution In Support of the PhRMA Code and Corporate Self-Regulation Model Resolution WHEREAS, Health care is an expanding portion of state budgets; and WHEREAS, Prescription medicines, which comprise only 10 cents per health care dollar spent, are being used more frequently to treat diseases, including chronic diseases, and WHEREAS, Prescription medicines have an essential role in treating chronic diseases, as do  changes in personal behavior, such as diet and exercise; and WHEREAS, America’s pharmaceutical companies are responsible for the discovery and development of the majority of new medicines available to patients in the United States and worldwide each year; and […]