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2005 -- S 0560 | |
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LC01071 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2005 | |
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A N A C T | |
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RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE PHARMACEUTICAL | |
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PURCHASES | |
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Introduced By: Senators Badeau, Cote, Connors, Felag, and Lanzi | |
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Date Introduced: February 10, 2005 | |
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Referred To: Senate Health & Human Services | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is |
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hereby amended by adding thereto the following chapter: |
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CHAPTER 140 |
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STATE PHARMACEUTICAL PURCHASES |
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42-140-1.Contracts. – Any state entity that uses state funds to purchase pharmaceuticals |
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is authorized, empowered and directed to enter into exclusive or nonexclusive contracts with |
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manufacturers or suppliers of pharmaceuticals to purchase pharmaceuticals pursuant to section |
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42-135-3(b). The manufacturers and suppliers shall include, but are not limited to, Canadian |
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sources. The contracts shall be entered into in accordance with the state purchasing law, sections |
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37-2-1 et. seq. Those state entities may obtain from those manufacturers and suppliers, discounts, |
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rebates, or refunds based on quantities purchased insofar as permissible under federal law. |
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42-140-2. Safegaurds. – All contracts entered into under this chapter shall include |
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appropriate safeguards, and oversight and regulatory requirements, to ensure Rhode Island's |
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public safety. These oversight and regulatory requirements shall comply with the safety and drug |
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efficacy standards established by the Federal Food, Drug, and Cosmetic Act (FFDCA) and by the |
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Food and Drug Administration (FDA). At a minimum, these requirements shall ensure the |
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purchase of only FDA approved drugs, including so called version specific drugs. All |
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pharmaceuticals purchased shall meet FDA requirements relating to the product, including, but |
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not limited to, manufacturing location, formulation, sources and specifications of active |
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ingredients, processing methods, manufacturing controls, container/closure systems and |
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appearance. Oversight and regulatory requirements shall ensure that the acquisition, shipping, |
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distribution, labeling, and information disclosure of all medication comply with the United States |
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pharmaceutical industry practices and FDA standards. |
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42-140-3. Waiver. – The state shall seek appropriate federal waivers as necessary to |
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comply with the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (P.L. |
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108-173) and any other applicable federal law or regulation. |
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SECTION 2. This act shall take effect upon passage. |
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LC01071 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE PHARMACEUTICAL | |
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PURCHASES | |
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*** | |
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This act would authorize and direct and state entity that uses state funds to purchase |
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pharmaceuticals to enter into exclusive or nonexclusive contracts with manufacturers or suppliers |
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for the purchase of pharmaceuticals. |
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This act would take effect upon passage. |
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LC01071 | |
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