HOUSE BILL REPORT
HB 1194
As Reported by House Committee On:
Health Care
Title: An act relating to reimportation of prescription drugs.
Brief Description: Regarding reimportation of prescription drugs.
Sponsors: Representatives Simpson, Campbell, Appleton, Clements, Cody, Sommers, P. Sullivan, Morrell, Schual-Berke, Chase, Dickerson, Kenney, O'Brien, Clibborn, Conway, Green, Sells, Kagi, Ormsby, Wallace, Upthegrove, Hasegawa and Kilmer.
Brief History:
Health Care: 1/25/05, 2/1/05 [DP].
Brief Summary of Bill |
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HOUSE COMMITTEE ON HEALTH CARE
Majority Report: Do pass. Signed by 7 members: Representatives Cody, Chair; Morrell, Vice Chair; Appleton, Clibborn, Green, Moeller and Schual-Berke.
Minority Report: Do not pass. Signed by 6 members: Representatives Bailey, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander, Condotta, Hinkle and Skinner.
Staff: Dave Knutson (786-7146).
Background:
The combination of Canadian price controls and a favorable exchange rate between Canadian
and United States currencies has created prescription drug prices in Canada that are less
expensive than in the United States. Americans without prescription drug coverage have
been purchasing prescription drugs through Canadian pharmacies or over the Internet in order
to take advantage of Canadian drug prices. Several states and political subdivisions in the
United States are exploring ways to take advantage of the price differential between
prescription drugs sold in Canada and the United States.
The Medicare Prescription Drug, Improvement, and Modernization Act of 2003, (H.R. 1)
authorized the importation of prescription drugs from Canada if several conditions are met.
The Secretary of the Department of Health and Human Services (Secretary) was required to
promulgate regulations permitting pharmacists and wholesalers to import prescription drugs
from Canada into the United States, if the Secretary determined importation was
cost-effective and safe. The Secretary established a Drug Importation Task Force (Task
Force) to review the issues around drug importation. In December 2004, the Task Force
reported that the importation of prescription drugs from Canada could not be accomplished in
a safe and cost-effective manner. The Secretary is authorized to waive the ban on
importation of prescription drugs in cases where the importation is clearly for personal use,
and the prescription drug or device imported does not appear to present an unreasonable risk
to the individual.
Also in December 2004, Governor Locke directed the Health Care Authority to link an
existing prescription drug website to a website maintained by the State of Wisconsin that
facilitates the individual purchase of prescription drugs from Canadian pharmacies. The
pharmaceutical industry recently launched prescription drug discount programs to provide
Americans without health insurance or prescription drug coverage with discounts equivalent
to prescription drug prices available through Canadian pharmacies.
Summary of Bill:
State agencies administering a state purchased health care program are authorized to purchase
drugs from approved Canadian pharmacies or wholesalers, if approved by the federal Food
and Drug Administration. The Health Care Authority is authorized to purchase, or facilitate
the purchase, of drugs from Canadian pharmacies or wholesalers. The Health Care Authority
will also develop a website to facilitate the purchase of prescription drugs from Canada by
Washington residents. The Attorney General must certify that the website and the
information contained on it do not violate applicable state or federal laws.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: People without access to affordable prescription drugs need help in accessing prescription drugs from Canada.
Testimony Against: The federal government will not allow Washington to do this. Washington is assuming liability if anything goes wrong using one of these importation schemes.
Persons Testifying: (In support) Representative Simpson, prime sponsor; Eleanor Owen,
National Alliance for the Mentally Ill, Older Women's League, Mental Health Association of
Washington, and Health Care for All of Washington; Robby Stern, Washington State Labor
Council; Bill Daley, Washington Citizen Action; and Dr. Art Zoloth, Northwest Pharmacy
Services.
(Opposed) Cliff Webster, Pharmaceutical Research and Manufacturers of America; and Paul
Guppy, Washington Policy Center.