Bill Text: NY S02625 | 2015-2016 | General Assembly | Amended

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Bill Title: Requires manufacturers and labelers of prescription drugs dispensed in this state which engage in marketing activities in the state to annually report marketing expenses to the department of health; imposes a $10,000 civil fine for failure to report; eliminates deductibility for certain expenses incurred in the advertising of prescription drugs.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-02-01 - PRINT NUMBER 2625A [S02625 Detail]

Download: New_York-2015-S02625-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2625--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 27, 2015
                                       ___________
        Introduced  by Sens. KRUEGER, PERKINS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health --  recom-
          mitted  to  the  Committee on Health in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        AN  ACT  to  amend  the  public health law, in relation to requiring the
          manufacturer or labeler of each prescription drug to  annually  report
          the  marketing  costs  of such drug to the department of health and to
          amend the tax  law,  in  relation  to  eliminating  deductibility  for
          certain expenses incurred in the advertising of prescription drugs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
     2  declares  that  the price of prescription drugs in this state and across
     3  the nation has been increasing at an alarming rate over the past decade.
     4  Prescription drug costs are increasing at a faster rate than  any  other
     5  component  of health care and are driving the increase in overall health
     6  care cost. As is apparent by the ubiquitous nature of the marketing  and
     7  public  information campaigns relating to prescription drugs, pharmaceu-
     8  tical manufacturers put a great deal of resources into  marketing  their
     9  products.  This  has  been  especially true since the 1997 relaxation of
    10  federal laws relating to prescription drug advertising.  It  is  in  the
    11  interest  of  assisting  this  state  in  its  role  as  a  purchaser of
    12  prescription drugs and administrator of prescription drug  programs,  to
    13  enable  the  state to determine the scope of prescription drug marketing
    14  costs and their effect on the cost, utilization and delivery  of  health
    15  care  services,  and  thus further the role of this state as guardian of
    16  the public interest.
    17    § 2.  Section 206 of the public health law is amended by adding a  new
    18  subdivision 30 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03357-02-6