senate Bill S3270A

2013-2014 Legislative Session

Requires manufacturers and labelers of prescription drugs dispensed in this state to annually report marketing expenses to the department of health

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 print number 3270a
amend and recommit to health
Jan 08, 2014 referred to health
Jan 31, 2013 referred to health

S3270 - Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L; amd §§208 & 612, Tax L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2855A
2009-2010: A5777

S3270 - Summary

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.

S3270 - Sponsor Memo

S3270 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3270

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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:

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that the price of prescription drugs in this state  and  across
the nation has been increasing at an alarming rate over the past decade.
Prescription  drug  costs are increasing at a faster rate than any other
component of health care and are driving the increase in overall  health
care  cost. As is apparent by the ubiquitous nature of the marketing and
public information campaigns relating to prescription drugs,  pharmaceu-
tical  manufacturers  put a great deal of resources into marketing their
products. This has been especially true since  the  1997  relaxation  of
federal  laws  relating  to  prescription drug advertising. It is in the
interest of  assisting  this  state  in  its  role  as  a  purchaser  of
prescription  drugs  and administrator of prescription drug programs, to
enable the state to determine the scope of prescription  drug  marketing
costs  and  their effect on the cost, utilization and delivery of health
care services, and thus further the role of this state  as  guardian  of
the public interest.
  S  2.  Section 206 of the public health law is amended by adding a new
subdivision 29 to read as follows:
  29. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO REQUIRE MANUFACTUR-
ERS OR LABELERS OF PRESCRIPTION DRUGS, WHICH DISPENSE SUCH DRUGS IN THIS
STATE AND WHICH EMPLOY, DIRECT OR UTILIZE MARKETING  REPRESENTATIVES  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01521-01-3

S3270A (ACTIVE) - Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L; amd §§208 & 612, Tax L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2855A
2009-2010: A5777

S3270A (ACTIVE) - Summary

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.

S3270A (ACTIVE) - Sponsor Memo

S3270A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3270--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  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:

  Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
declares  that  the price of prescription drugs in this state and across
the nation has been increasing at an alarming rate over the past decade.
Prescription drug costs are increasing at a faster rate than  any  other
component  of health care and are driving the increase in overall health
care cost. As is apparent by the ubiquitous nature of the marketing  and
public  information campaigns relating to prescription drugs, pharmaceu-
tical manufacturers put a great deal of resources into  marketing  their
products.  This  has  been  especially true since the 1997 relaxation of
federal laws relating to prescription drug advertising.  It  is  in  the
interest  of  assisting  this  state  in  its  role  as  a  purchaser of
prescription drugs and administrator of prescription drug  programs,  to
enable  the  state to determine the scope of prescription drug marketing
costs and their effect on the cost, utilization and delivery  of  health
care  services,  and  thus further the role of this state as guardian of
the public interest.
  S 2.  Section 206 of the public health law is amended by adding a  new
subdivision 29 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01521-02-4

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