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NCSL NEWS

February 4, 2008

New Report on Prescription Drugs Shows Strong Role for States

DENVER - At least 38 states are introducing legislation this year to make pharmaceuticals more accessible and affordable to the general public. A nationwide report is being released this week by the National Conference of State Legislatures (NCSL). 

The report, 2008 Prescription Drug State Legislation, is the first to provide an in-depth look at pending legislation, in state capitols across the country, aimed at improving accessibility, affordability and distribution of prescription drugs. The report highlights more than 540 pending bills and resolutions among the 44 states with legislative sessions this year.

For legislators and policymakers, it provides a roadmap to the diverse ideas in other states.  The 32-page report also is a useful tool for medical professionals and members of the general public who have an interest in costs and access to medicines. More than 120 million Americans rely on prescription drugs regularly each year. States have a visible stake in creating new laws and policies. Also, prescription drugs are a visible component of several comprehensive health-reform proposals.

"Legislators recognize the high stakes involved in assisting, or limiting, patients' access to life-saving, but costly medicines, " said Richard Cauchi, a Health Program Director and co-author of NCSL's report. "Not everyone agrees on how much state government can or should do to pay for drugs, to regulate the pharmaceutical market or to act as a broker or clearinghouse. There is no single 'template' or 'magic bullet,' but there are certainly a lot of ideas in the works for 2008." 

The chart is an overview of pending legislation relating to pharmaceuticals and the number of states considering it. 

 Pending Legislation States Considering Legislation
 

Expand use of 340B drug discount price program

 

8 states

 

Access to brand name pharmaceutical products

 

14 states


Related to pricing of pharmaceuticals


21 states
 

Multi-state or inter-agency pharmaceutical bulk purchasing

 

6 states

 
Pharmaceutical marketing and advertising

20 states and District of Columbia
 

Rx clearinghouse information

 

10 states

 

Rx discount programs, create or expand

 

14 states

 

Electronic prescription drug orders, records and monitoring

 

13 states

 

Generic drug use

 

13 states

 

Regulate or coordinate drug importation

 

7 states

 

Regulate Internet pharmacies

 

5 states

 

Protect Rx manufacturers or providers from lawsuits

 

3 states

 

Mail-order pharmaceuticals

 

9 states

 

Medicare Prescription Drug Act (MMA) states role

 

15 states

 

Regulation of pharmaceutical benefit managers

 

14 states

 

Preferred Drug List - expand or regulate

 

10 states

 

Restrict sale or disclosure of Rx sales with patient or prescriber information

 

15 states and District of Columbia

 

Rx/health insurance reform bill (Rx component)

 

6 states

 

Reuse or recycling of pharmaceuticals

 

11 states

 

State Rx subsidy program

 

16 states

 

Drug safety issues

 

6 states

Tax deductions, incentives or credits for Rx

 
 

6  states

 

Disclose or regulate in-state Rx clinical trials

 

5  states

 

Regulate Rx wholesalers; preventing counterfeits

 

8  states

*Research for the report was led by Karmen Hanson for NCSL's Pharmaceuticals Project, based in Denver. Regular updates will be added as bills progress through the legislative process.

NCSL is the bipartisan organization that serves the legislators and staff of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.

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