Delaware General Assembly

Senate Executive 6/13/24

Awaiting consideration in Committee

6/13/24

Sokola

Rep. Baumbach

Sen. Hansen, Hoffner, Huxtable, Walsh
Reps. K. Johnson, Morrison, Osienski, K. Williams, Wilson-Anton

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO A WHOLESALE PRESCRIPTION DRUG IMPORTATION PROGRAM.

This Act requires the Department of Health and Social Services, in consultation with persons interested in the sale and pricing of prescription drugs as well as interested federal and state officials and agencies, to design and implement a wholesale prescription drug importation program for the benefit of, and that generates savings for, Delaware residents. The Act establishes requirements for the program including all of the following: (1) The Department must become or contract with a state wholesaler and seek federal certification and approval to import eligible prescription drugs. (2) The program must comply with federal regulations and import from Canadian suppliers only those eligible prescription drugs that do not violate patent laws, that are not controlled substances, and for which importation creates substantial cost savings. (3) The Department must ensure that eligible prescription drugs imported under the program are not distributed, dispensed, or sold outside of Delaware. (4) Before submitting the proposed program to the federal government for certification, the Department must submit the proposal to the General Assembly. (5) The program must have an audit procedure to ensure compliance with the Act’s requirements and requires submission of an annual report to the General Assembly to track the program’s progress.

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Takes effect upon being signed into law

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