Bill Text: OR HB4109 | 2012 | Regular Session | Introduced

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Bill Title: Relating to generic drugs; declaring an emergency.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4109 Detail]

Download: Oregon-2012-HB4109-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 197

                         House Bill 4109

Sponsored by Representatives WEIDNER, GREENLICK, FREEMAN;
  Representatives HOYLE, PARRISH, SHEEHAN, J SMITH, THATCHER,
  Senator BOQUIST (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires Oregon Health Authority to use competitive bidding
process for purchase of generic drugs prescribed for recipients
of medical assistance.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to generic drugs; and declaring an emergency.
  Whereas the Legislative Assembly finds that with every
prescription filled with a generic drug, the consumer receives
the same medicine as the brand name drug, with the same quality
and same result, but at a much lower cost; and
  Whereas for more than 25 years, generic manufacturers have been
providing in the United States generic versions of brand name
drugs, approved by the United States Food and Drug
Administration, at a savings to consumers of up to 80 percent of
the costs; and
  Whereas millions of Medicaid recipients nationwide are using
generic drugs to treat a variety of medical conditions, including
infection, heart disease and cancer; and
  Whereas generic drugs are rigorously tested by the United
States Food and Drug Administration to ensure that the drugs are
the same medicine, with the same active ingredients, strengths
and dosages as the brand name counterparts; and
  Whereas there are thousands of generic drugs available today,
all of which are manufactured and inspected under the same strict
quality guidelines as brand name drugs; and
  Whereas there are multiple generic drugs available for most
brand name drugs, and these generic drugs can vary greatly in
price; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Competitive bidding process' means a transparent procedure
in which the scope, specifications, terms and conditions of a
proposed contract are openly advertised for the purpose of
soliciting bids from generic manufacturers to enter into the
proposed contract to sell products at the lowest price.
  (b) 'Generic drug' means a copy of a brand name drug that is no
longer protected by a patent and that:

  (A) Contains the same active ingredients as the copied brand
name drug;
  (B) Is identical in strength, dosage, form and route of
administration as the copied brand name drug;
  (C) Has the same indications, dosing and labeling as the copied
brand name drug; and
  (D) Is as safe and effective as the copied brand name drug.
  (c) 'Generic manufacturer' means a domestic or an international
manufacturer of generic drugs that distributes the generic drugs
in this state through various distribution systems.
  (2) The Oregon Health Authority or any entity that contracts
with the authority for the purchase of prescription drugs for
recipients of medical assistance shall use a competitive bidding
process prescribed by the authority for the purchase of generic
drugs.
  (3) This section does not prohibit a pharmacy from substituting
another generic drug for a prescribed generic drug if a
pharmacist normally carries the prescribed generic drug but is
temporarily out of stock. + }
  SECTION 2.  { + Section 1 of this 2012 Act becomes operative on
January 1, 2013. + }
  SECTION 3.  { + The Oregon Health Authority may take any action
before the operative date specified in section 2 of this 2012 Act
that is necessary for the authority to exercise, on and after the
operative date specified in section 2 of this 2012 Act, all of
the duties, functions and powers conferred on the authority by
section 1 of this 2012 Act. + }
  SECTION 4.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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