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2017 Regular Session
SENATE BILL NO. 59
BY SENATORS MILLS, JOHNS AND MORRISH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE. Provides relative to prescription drug price information. (gov sig)
1 AN ACT
2 To enact R.S. 37:1741.1, relative to prescription drug price information; to provide for
3 disclosure of certain information; to provide for an effective date; and to provide for
4 related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 37:1741.1 is hereby enacted to read as follows:
7 ยง1741.1. Disclosure of prescription drug price information
8 A. When a pharmaceutical marketer engages in any form of prescription
9 drug marketing directly to a prescriber, his designee, or any member of his
10 staff, the marketer shall disclose the average wholesale price, hereinafter
11 referred to as "AWP", of any drugs being marketed for each indication,
12 customarily referred to as "labeled indication", approved by the United States
13 Food and Drug Administration. Disclosure shall include the AWP for a thirty-
14 day supply of the drugs. If a drug is designed to be administered for a duration
15 of therapy of less than thirty days, the duration and AWP for that period of
16 time shall be disclosed. For purposes of this Section, "prescription drug
17 marketing" shall include in-person meetings, mailings, telephonic
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 59
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1 conversations, video conferencing, and electronic mail activities with
2 prescribers.
3 B. For purposes of this Section:
4 (1) "Average wholesale price" or "AWP" means the wholesale price
5 charged on a specific prescription drug that is assigned by the drug
6 manufacturer and listed in a nationally recognized drug pricing file.
7 (2) "Pharmaceutical marketer" means a person who, while employed by
8 or under contract to represent a pharmaceutical manufacturing company or
9 other pharmaceutical distributor, engages in marketing activities of
10 prescription drugs.
11 (3) "Prescription drug" means a pharmaceutical drug that legally
12 requires a prescription to be dispensed.
13 (4) "Prescriber" means a physician or any other person authorized to
14 prescribe prescription drugs or any other person on their staff who receives
15 prescription drug marketing materials.
16 Section 2. This Act shall become effective upon signature by the governor or, if not
17 signed by the governor, upon expiration of the time for bills to become law without signature
18 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
19 vetoed by the governor and subsequently approved by the legislature, this Act shall become
20 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 59 Engrossed 2017 Regular Session Mills
Proposed law requires pharmaceutical drug marketers to present a prescriber with the
average wholesale price of any drugs being marketed to the prescriber or his staff at the time
of the prescription drug marketing encounter.
Effective upon signature of the governor or upon lapse of gubernatorial action.
(Adds R.S. 37:1741.1)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 59
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Removes requirement of a standardized form that the pharmaceutical
marketers must complete and present to the prescriber when they present
other marketing materials to the prescriber.
2. Removes requirements that the Louisiana Department of Health develop a
form, promulgate rules, and maintain the form on their website.
3. Removes penalty provision that made violations a prohibited practice under
the Unfair Trade Practices and Consumer Protection Law.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.