senate Bill S5169

2019-2020 Legislative Session

Enacts the manufacturer disclosure and transparency act

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 12, 2019 referred to consumer protection

Co-Sponsors

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S5169 (ACTIVE) - Details

See Assembly Version of this Bill:
A7196
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-rrr, Gen Bus L

S5169 (ACTIVE) - Summary

Enacts the manufacturer disclosure and transparency act requiring prescription drug manufacturers to notify the attorney general of agreements between pharmaceutical manufacturers resulting in the delay of the introduction of generic medications.

S5169 (ACTIVE) - Sponsor Memo

S5169 (ACTIVE) - Bill Text download pdf


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

    S. 5169                                                  A. 7196

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 12, 2019
                               ___________

IN  SENATE -- Introduced by Sen. BIAGGI -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Consumer
  Protection

IN  ASSEMBLY  --  Introduced  by  M.  of  A.  DenDEKKER -- read once and
  referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general  business  law,  in  relation  to  requiring
  prescription  drug  manufacturers  to  notify  the attorney general of
  agreements between pharmaceutical manufacturers resulting in the delay
  of the introduction of generic drugs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "manufac-
turer disclosure and transparency act".
  § 2. The general business law is amended by adding a new section  396-
rrr to read as follows:
  §  396-RRR.  DELAY OF INTRODUCTION OF GENERIC MEDICATIONS. 1. (A) EACH
PHARMACEUTICAL MANUFACTURER DOING BUSINESS IN THIS STATE  THAT  MANUFAC-
TURES  A  BRAND NAME PRESCRIPTION DRUG AND ENTERS INTO AN AGREEMENT WITH
ANOTHER PHARMACEUTICAL MANUFACTURER  FOR  THE  PURPOSE  OF  DELAYING  OR
PREVENTING SUCH OTHER MANUFACTURER FROM INTRODUCING A GENERIC SUBSTITUTE
FOR  SUCH  DRUG  INTO  THE MARKETPLACE SHALL, NOT LATER THAN THIRTY DAYS
AFTER ENTERING INTO SUCH AGREEMENT, SEND NOTICE TO THE ATTORNEY GENERAL,
IN A FORM AND MANNER PRESCRIBED BY THE ATTORNEY GENERAL, DISCLOSING  THE
NAME OF SUCH DRUG, THE WHOLESALE PRICE, THE DISEASE SUCH DRUG IS COMMON-
LY  PRESCRIBED  TO TREAT, THE MANUFACTURER OF SUCH DRUG, THE NAME OF THE
GENERIC MANUFACTURER, AND THE LENGTH OF THE DELAY.
  (B) THE ATTORNEY GENERAL  SHALL,  NO  LATER  THAN  THIRTY  DAYS  AFTER
RECEIVING  A NOTICE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, SHARE
THE INFORMATION WITH THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED UNDER
SECTION THREE HUNDRED SIXTY-NINE-BB OF  THE  SOCIAL  SERVICES  LAW,  ALL

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

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