Georgia 2025-2026 Regular Session

Georgia Senate Bill SB314 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 46 1151
2	2	Senate Bill 314
3	3	By: Senators Esteves of the 35th, Jones II of the 22nd, Jackson of the 41st, Parent of the 44th,
4	4	McLaurin of the 14th and others
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to
8	8	1
9	9	provide for the establishment of a wholesale prescription drug importation program and the2
10	10	procedures for implementing such program; to provide for definitions; to provide for related3
11	11	matters; to provide for contingent effectiveness upon appropriation of funds; to provide for4
12	12	a short title; to provide for a legislative finding; to repeal conflicting laws; and for other5
13	13	purposes.6
14	14	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
15	15	SECTION 1.8
16	16	This Act shall be known and may be cited as the "Wholesale Prescription Drug Importation9
17	17	Act."10
18	18	SECTION 2.11
19	19	The General Assembly finds that access to affordable medications is a public health issue12
20	20	that impacts many Georgians and the establishment of a wholesale prescription drug13
21	21	importation program can serve as a solution to thousands of those Georgians and may14
22	22	provide them with the opportunity to obtain life-saving and life-preserving medications.15
23	23	S. B. 314
24	24	- 1 - 25 LC 46 1151
25	25	SECTION 3.
26	26	16
27	27	Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding17
28	28	a new chapter to read as follows:18
29	29	"CHAPTER 8A
30	30	19
31	31	31-8A-1.20
32	32	As used in this chapter, the term:21
33	33	(1) 'Canadian supplier' means a manufacturer, wholesale distributor, or pharmacy that22
34	34	is appropriately licensed or permitted under Canadian federal or provincial laws and rules23
35	35	to manufacture, distribute, or dispense prescription drugs.24
36	36	(2) 'Commissioner' means the commissioner of community health.25
37	37	(3) 'Department' means the Department of Community Health.26
38	38	(4) 'Division' means the division within the Department of Community Health that27
39	39	administers the wholesale prescription drug importation program.28
40	40	(5) 'Health benefit plan' means a policy, contract, certificate, or agreement entered into,29
41	41	offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse30
42	42	any of the costs of healthcare services.31
43	43	(6) 'Healthcare provider' means any of the following who provide medical, dental, or32
44	44	other health related diagnoses, care, or treatment:33
45	45	(A) Dentists and dental hygienists licensed under Chapter 11 of Title 43;34
46	46	(B) Optometrists licensed under Chapter 30 of Title 43;35
47	47	(C) Pharmacists licensed under Chapter 4 of Title 26;36
48	48	(D) Physician assistants licensed under Chapter 34 of Title 43;37
49	49	(E) Physicians licensed to practice medicine under Chapter 34 of Title 43; and38
50	50	(F) Registered nurses and licensed practical nurses licensed under Chapter 26 of39
51	51	Title 43.40
52	52	S. B. 314
53	53	- 2 - 25 LC 46 1151
54	54	(7) 'Prescription drug wholesaler' means an entity licensed by the State Board of41
55	55	Pharmacy as a wholesale distributor under Chapter 4 of Title 26 that contracts with this42
56	56	state to import prescription drugs into this state under the program.43
57	57	(8) 'Program' means the wholesale prescription drug importation program established44
58	58	under this chapter.45
59	59	31-8A-2.46
60	60	(a) The department, in consultation with the State Board of Pharmacy and interested47
61	61	parties, shall design and establish a wholesale prescription drug importation program that48
62	62	complies with the applicable requirements of 21 U.S.C. Section 384 and in conformity with49
63	63	applicable federal regulations. The purpose of such drug importation program shall be to50
64	64	provide better access to prescription drugs and a significant reduction in prescription drug51
65	65	costs for patients in this state.52
66	66	(b) The division shall implement the program by:53
67	67	(1) Contracting with one or more prescription drug wholesalers and Canadian suppliers54
68	68	to import prescription drugs and provide prescription drug cost savings to consumers in55
69	69	this state;56
70	70	(2) Developing a registration process for health benefit plans, healthcare providers, and57
71	71	pharmacies to obtain and dispense prescription drugs imported under the program;58
72	72	(3) Developing a list of prescription drugs, including the prices of those drugs, that meet59
73	73	the requirements of Code Section 31-8A-3 and publishing the list on the department's60
74	74	public website;61
75	75	(4) Establishing an outreach and marketing plan to generate program awareness;62
76	76	(5) Establishing and administering a telephone call center or electronic portal to provide63
77	77	information about the program;64
78	78	S. B. 314
79	79	- 3 - 25 LC 46 1151
80	80	(6) Ensuring the program and the prescription drug wholesalers that contract with this65
81	81	state in accordance with this chapter comply with the tracking, tracing, verification, and66
82	82	identification requirements of 21 U.S.C. Section 360eee-1;67
83	83	(7) Prohibiting the distribution, dispensing, or sale of prescription drugs imported under68
84	84	this chapter outside the boundaries of this state;69
85	85	(8) Ensuring that the program meets the requirements of 21 U.S.C. Section 384; 70
86	86	(9) Consulting with the State Board of Pharmacy and other interested parties; and71
87	87	(10) Performing any other duties the commissioner determines necessary to implement72
88	88	the program.73
89	89	31-8A-3.74
90	90	A prescription drug may be imported into this state under the program only if the drug:75
91	91	(1) Meets the United States Food and Drug Administration's standards related to76
92	92	prescription drug safety, effectiveness, misbranding, and adulteration;77
93	93	(2) Does not violate any federal patent laws through its importation;78
94	94	(3) Is expected to generate cost savings for consumers; and79
95	95	(4) Is not:80
96	96	(A) Listed as a controlled substance under state or federal law;81
97	97	(B) A biological product, as defined in subsection (i) of Section 351 of the federal82
98	98	Public Health Service Act, 42 U.S.C. Section 262, as of January 1, 2025;83
99	99	(C) An infused drug;84
100	100	(D) An intravenously injected drug;85
101	101	(E) A drug that is inhaled during surgery; or86
102	102	(F) A parenteral drug.87
103	103	S. B. 314
104	104	- 4 - 25 LC 46 1151
105	105	31-8A-4.88
106	106	The division, in consultation with this state's Attorney General, shall identify and monitor89
107	107	any potential anticompetitive activities in industries affected by the program.90
108	108	31-8A-5.91
109	109	The commissioner shall promulgate rules and regulations to effectively audit a prescription92
110	110	drug wholesaler participating in the program.93
111	111	31-8A-6.94
112	112	No later than December 1 of each year, the department shall submit a report to the95
113	113	Governor and the General Assembly regarding the operation of the program during the96
114	114	preceding fiscal year, including:97
115	115	(1) Which prescription drugs and Canadian suppliers are included in the program;98
116	116	(2) The number of health benefit plans, healthcare providers, and pharmacies99
117	117	participating in the program;100
118	118	(3) The number of prescriptions dispensed through the program;101
119	119	(4) The estimated cost savings to consumers, health benefit plans, employers, and this102
120	120	state since the establishment of the program and during the preceding fiscal year;103
121	121	(5) Information regarding the implementation of the audit referenced in this chapter; and104
122	122	(6) Any other information the Governor, General Assembly, or department considers105
123	123	necessary.106
124	124	31-8A-7.107
125	125	The commissioner shall adopt any rules and regulations necessary to implement this108
126	126	chapter.109
127	127	S. B. 314
128	128	- 5 - 25 LC 46 1151
129	129	31-8A-8.110
130	130	If, before implementing any provision of this chapter, the department, the Board of111
131	131	Pharmacy, or any state agency determines that a waiver or authorization from a federal112
132	132	agency is necessary for implementation of any portion of this chapter, the agency affected113
133	133	shall request the waiver or authorization and may delay implementing the provisions of this114
134	134	chapter until the waiver or authorization is granted."115
135	135	SECTION 4.116
136	136	This Act shall become effective on July 1, 2026, only if funds are specifically appropriated117
137	137	for the purposes of this Act in an appropriations Act before such date which makes specific118
138	138	reference to this Act and such funds so appropriated have become available for expenditure. 119
139	139	SECTION 5. 120
140	140	All laws and parts of laws in conflict with this Act are repealed.121
141	141	S. B. 314
142	142	- 6 -