| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Sep 19, 2016 |
print number 8182b |
| Sep 19, 2016 |
amend (t) and recommit to rules |
| Sep 07, 2016 |
print number 8182a |
| Sep 07, 2016 |
amend and recommit to rules |
| Aug 26, 2016 |
referred to rules |
Senate Bill S8182B
2015-2016 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
Actions
Bill Amendments
2015-S8182 - Details
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Add §396-rrr, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S2402
2019-2020: S141
2015-S8182 - Sponsor Memo
BILL NUMBER: S8182
TITLE OF BILL : An act to amend the general business law, in
relation to the price gouging of epinephrine
SUMMARY OF PROVISIONS :
Section 1. Defines epinephrine auto-injector; provides that no party
within the chain of distribution can sell epinephrine auto-injectors
at an unconscionably excessive price; gives court discretion to
determine unconscionably excessive price; allows the Office of the New
York State Attorney General the ability to file a motion to cease sale
of epinephrine auto-injectors at unlawful price; allows the court to
impose a maximum penalty of $100,000 and possible restitution to those
aggrieved.
Section 2. This act shall take effect immediately.
JUSTIFICATION :
An injection of epinephrine is the best known treatment for those
suffering from anaphylactic shock. Currently, the most widespread use
of epinephrine treatments is through the use of auto-injector devices.
These devices, manufactured by a small group of pharmaceutical
companies, have skyrocketed in cost.
2015-S8182 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8182
I N S E N A T E
August 26, 2016
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general business law, in relation to the price goug-
ing of epinephrine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
396-rrr to read as follows:
S 396-RRR. PRICE GOUGING; EPINEPHRINE AUTOINJECTORS. 1. FOR THE
PURPOSES OF THIS SECTION, "EPINEPHRINE AUTOINJECTOR" SHALL MEAN A
MEDICAL DEVICE FOR INJECTING A MEASURED DOSE OR DOSES OF EPINEPHRINE
(ADRENALINE) BY MEANS OF AUTOINJECTOR TECHNOLOGY.
2. NO PARTY WITHIN THE CHAIN OF DISTRIBUTION OF EPINEPHRINE AUTOINJEC-
TORS SHALL SELL OR OFFER TO SELL EPINEPHRINE AUTOINJECTORS FOR AN AMOUNT
WHICH REPRESENTS AN UNCONSCIONABLY EXCESSIVE PRICE. WHETHER A PRICE IS
UNCONSCIONABLY EXCESSIVE IS A QUESTION OF LAW FOR THE COURT.
3. THE COURT'S DETERMINATION THAT A VIOLATION OF THIS SECTION HAS
OCCURRED SHALL BE BASED ON ANY OF THE FOLLOWING FACTORS:
(A) THAT THE AMOUNT OF THE EXCESS IN PRICE IS UNCONSCIONABLY EXTREME;
(B) THAT THERE WAS AN EXERCISE OF UNFAIR LEVERAGE OR UNCONSCIONABLE
MEANS; OR
(C) A COMBINATION OF BOTH FACTORS.
4. IN ANY COURT PROCEEDING COMMENCED PURSUANT TO THIS SECTION, PROOF
THAT A VIOLATION OF THIS SECTION HAS OCCURRED SHALL INCLUDE EVIDENCE
THAT:
(A) THE AMOUNT CHARGED REPRESENTS A GROSS DISPARITY BETWEEN THE MARKET
PRICE OF EPINEPHRINE AUTOINJECTORS THAT LED TO THE ACTION UNDER THIS
SECTION AND THE PRICE OF EPINEPHRINE AUTOINJECTORS OVER THE SIX MONTHS
PRIOR TO THE PRICE CHANGE THAT LED TO THE ACTION UNDER THIS SECTION; OR
(B) THE AMOUNT CHARGED GROSSLY EXCEEDED THE PRICE AT WHICH EPINEPHRINE
AUTOINJECTORS WERE READILY OBTAINABLE BY OTHER PURCHASERS.
5. A DEFENDANT MAY REBUT A PRIMA FACIE CASE WITH EVIDENCE THAT ADDI-
TIONAL COSTS NOT WITHIN THE CONTROL OF THE DEFENDANT WERE IMPOSED ON THE
DEFENDANT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
2015-S8182A - Details
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Add §396-rrr, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S2402
2019-2020: S141
2015-S8182A - Sponsor Memo
BILL NUMBER: S8182A
TITLE OF BILL :
An act to amend the general business law, in relation to the price
gouging of epinephrine
SUMMARY OF PROVISIONS :
Section 1. Defines epinephrine auto-injector; provides that no
manufacturer or wholesaler can sell epinephrine auto-injectors at an
unconscionably excessive price; gives court discretion to determine
unconscionably excessive price; allows the Office of the New York
State Attorney General the ability to file a motion to cease sale of
epinephrine auto-injectors at unlawful price; allows the court to
impose a maximum penalty of $1,000,000 and possible restitution to
those aggrieved.
Section 2. This act shall take effect immediately.
JUSTIFICATION :
An injection of epinephrine is the best known treatment for those
suffering from anaphylactic shock. Currently, the most widespread use
of epinephrine treatments is through the use of auto-injector devices.
These devices, manufactured by a small group of pharmaceutical
2015-S8182A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8182--A
I N S E N A T E
August 26, 2016
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general business law, in relation to the price goug-
ing of epinephrine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
396-rrr to read as follows:
S 396-RRR. PRICE GOUGING; EPINEPHRINE AUTOINJECTORS. 1. FOR THE
PURPOSES OF THIS SECTION, "EPINEPHRINE AUTOINJECTOR" SHALL MEAN A
MEDICAL DEVICE FOR INJECTING A MEASURED DOSE OR DOSES OF EPINEPHRINE
(ADRENALINE) BY MEANS OF AUTOINJECTOR TECHNOLOGY.
2. NO MANUFACTURER OR WHOLESALER OF EPINEPHRINE AUTOINJECTORS SHALL
SELL OR OFFER TO SELL EPINEPHRINE AUTOINJECTORS FOR AN AMOUNT WHICH
REPRESENTS AN UNCONSCIONABLY EXCESSIVE PRICE. WHETHER A PRICE IS UNCON-
SCIONABLY EXCESSIVE IS A QUESTION OF LAW FOR THE COURT.
3. THE COURT'S DETERMINATION THAT A VIOLATION OF THIS SECTION HAS
OCCURRED SHALL BE BASED ON ANY OF THE FOLLOWING FACTORS:
(A) THAT THE AMOUNT OF THE EXCESS IN PRICE IS UNCONSCIONABLY EXTREME;
(B) THAT THERE WAS AN EXERCISE OF UNFAIR LEVERAGE OR UNCONSCIONABLE
MEANS; OR
(C) A COMBINATION OF BOTH FACTORS.
4. IN ANY COURT PROCEEDING COMMENCED PURSUANT TO THIS SECTION, PROOF
THAT A VIOLATION OF THIS SECTION HAS OCCURRED SHALL INCLUDE EVIDENCE
THAT:
(A) THE AMOUNT CHARGED REPRESENTS A GROSS DISPARITY BETWEEN THE MARKET
PRICE OF EPINEPHRINE AUTOINJECTORS THAT LED TO THE ACTION UNDER THIS
SECTION AND THE PRICE OF EPINEPHRINE AUTOINJECTORS OVER THE TWELVE
MONTHS PRIOR TO THE PRICE CHANGE THAT LED TO THE ACTION UNDER THIS
SECTION; OR
(B) THE AMOUNT CHARGED GROSSLY EXCEEDED THE PRICE AT WHICH EPINEPHRINE
AUTOINJECTORS WERE READILY OBTAINABLE BY OTHER PURCHASERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
2015-S8182B (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Add §396-rrr, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S2402
2019-2020: S141
2015-S8182B (ACTIVE) - Sponsor Memo
BILL NUMBER: S8182B
TITLE OF BILL : An act to amend the general business law, in
relation to the price gouging of pharmaceuticals
SUMMARY OF PROVISIONS :
Section 1. Defines pharmaceuticals; provides that no manufacturer or
wholesaler can sell a pharmaceutical at an unconscionably excessive
price; gives court discretion to determine unconscionably excessive
price; allows the Office of the New York State Attorney General the
ability to file a motion to cease sale of a pharmaceutical at unlawful
price; allows the court to impose a maximum penalty of $1,000,000 and
possible restitution to those aggrieved.
Section 2. This act shall take effect immediately.
JUSTIFICATION :
There is minimal regulation on the pricing of pharmaceuticals. In the
United States, a system has developed where drug companies are putting
profits ahead of people's health. Based on this price-gouging,
accessibility to medicine is becoming a serious problem.
One example is epinephrine, an injection of which is used to treat
anaphylactic shock. In 2007, the average cost of a two-pack of
2015-S8182B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8182--B
I N S E N A T E
August 26, 2016
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to the price goug-
ing of pharmaceuticals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
396-rrr to read as follows:
S 396-RRR. PRICE GOUGING; PHARMACEUTICALS. 1. FOR THE PURPOSES OF
THIS SECTION, "PHARMACEUTICALS" SHALL MEAN ANY COMPOUND MANUFACTURED FOR
SALE AS A MEDICINAL DRUG.
2. NO MANUFACTURER OR WHOLESALER OF PHARMACEUTICALS SHALL SELL OR
OFFER TO SELL PHARMACEUTICALS FOR AN AMOUNT WHICH REPRESENTS AN UNCON-
SCIONABLY EXCESSIVE PRICE. WHETHER A PRICE IS UNCONSCIONABLY EXCESSIVE
IS A QUESTION OF LAW FOR THE COURT.
3. THE COURT'S DETERMINATION THAT A VIOLATION OF THIS SECTION HAS
OCCURRED SHALL BE BASED ON ANY OF THE FOLLOWING FACTORS:
(A) THAT THE AMOUNT OF THE EXCESS IN PRICE IS UNCONSCIONABLY EXTREME;
(B) THAT THERE WAS AN EXERCISE OF UNFAIR LEVERAGE OR UNCONSCIONABLE
MEANS; OR
(C) A COMBINATION OF BOTH FACTORS.
4. IN ANY COURT PROCEEDING COMMENCED PURSUANT TO THIS SECTION, PROOF
THAT A VIOLATION OF THIS SECTION HAS OCCURRED SHALL INCLUDE EVIDENCE
THAT:
(A) THE AMOUNT CHARGED REPRESENTS A GROSS DISPARITY BETWEEN THE MARKET
PRICE OF THE PHARMACEUTICAL THAT LED TO THE ACTION UNDER THIS SECTION
AND THE PRICE OF THE SAME PHARMACEUTICAL OVER THE SIX MONTHS PRIOR TO
THE PRICE CHANGE THAT LED TO THE ACTION UNDER THIS SECTION; OR
(B) THE AMOUNT CHARGED GROSSLY EXCEEDED THE PRICE AT WHICH THE PHARMA-
CEUTICALS WERE READILY OBTAINABLE BY OTHER PURCHASERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16028-06-6
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.