Text: HF02463 Text: HF02465 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 155A.40 PRESCRIPTION DRUG PRICE
1 2 DISCRIMINATION – PROHIBITED – PENALTIES.
1 3 1. For the purposes of this section:
1 4 a. "Retailer" means a person who engages primarily in
1 5 selling prescription drugs to an ultimate user.
1 6 b. "Ultimate user" means a person who has lawfully
1 7 obtained and possesses a prescription drug for the person's
1 8 own use or for the use of a member of the person's household.
1 9 c. "Wholesaler" means a person operating or maintaining a
1 10 manufacturing plant, wholesale distribution center, wholesale
1 11 business, or any other business in which prescription drugs
1 12 are sold, manufactured, compounded, dispensed, stocked,
1 13 exposed, or offered for sale to a retailer within this state.
1 14 2. A wholesaler shall offer prescription drugs, from the
1 15 list of therapeutically equivalent drugs published by the food
1 16 and drug administration of the United States department of
1 17 health and human services, to every retailer in this state,
1 18 with all rights and privileges offered or provided by the
1 19 wholesaler to the most favored retailer, including purchase
1 20 prices for similar volume purchases, rebates, free
1 21 merchandise, samples, and similar trade concessions. This
1 22 section shall not be interpreted to prohibit the provision of
1 23 a discount for volume purchases.
1 24 3. A retailer may bring a civil action to recover damages
1 25 against a wholesaler who violates this section. A wholesaler
1 26 who violates this section is liable to a retailer in the
1 27 amount of treble damages.
1 28 4. A wholesaler who violates this section is subject to
1 29 the provisions of section 155A.5 relating to an injunction for
1 30 violation of this chapter.
1 31 EXPLANATION
1 32 This bill requires wholesalers of prescription drugs to
1 33 offer prescription drugs to every retailer in Iowa with all
1 34 rights and privileges offered or provided by the wholesaler to
1 35 the most favored retailer. The bill provides that a retailer
2 1 may bring a civil action for damages against a wholesaler who
2 2 violates the bill, a wholesaler is subject to treble damages
2 3 for violation of the bill, and a wholesaler who violates the
2 4 bill is also subject to injunctive remedies provided under the
2 5 pharmacy chapter.
2 6 LSB 6345HH 79
2 7 pf/cls/14
Text: HF02463 Text: HF02465 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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