Senate Bill S3428A

2013-2014 Legislative Session

Relates to a cost analysis of pharmaceutical advertising and promotional expenses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2013-S3428 - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3592
2011-2012: S909
2015-2016: S2623
2017-2018: S3999

2013-S3428 - Summary

Requires the commissioner to conduct a cost/benefit analysis of pharmaceutical advertising and promotional activities associated with the provision of prescription drugs to citizens in this state.

2013-S3428 - Sponsor Memo

2013-S3428 - Bill Text download pdf

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

                                  3428

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens. KRUEGER, HASSELL-THOMPSON, PARKER, SERRANO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Health

AN  ACT  to  amend  the  public  health  law, in relation to requiring a
  cost/benefit analysis of pharmaceutical  advertising  and  promotional
  expenses

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

  Section 1. Legislative intent. The legislature finds and  declares  as
follows: (1) More than almost all other consumer purchases, the purchase
of  medications has a direct, discernible impact on the health, life and
pocketbooks of New York state citizens. (2) A  substantial  and  growing
portion  of  the  price  of prescription drug products and their cost to
consumers and the state  is  represented  by  advertising,  particularly
direct-to-consumer  advertising  through mass media, company advertising
and promotional activities through the education  of  the  personnel  of
managed care plans, pharmaceutical benefits management companies, hospi-
tals and clinics and health care professionals by means of salespersons'
detailing,  seminars  and  conferences,  and  indirect  advertising  and
promotion to health care professionals and their staffs and the  person-
nel of managed care plans, and pharmaceutical benefits management compa-
nies, hospitals and clinics through entertainment, meals, travel, trips,
promotional  items,  free  samples  and free supplies, all of which also
include the salaries of the growing legions of drug representatives  and
salespersons.  (3) There has been marked increase in spending by pharma-
ceutical companies for direct-to-consumer advertising since  the  liber-
alization  of federal regulations governing these practices in 1997. (4)
Researchers have indicated that assumptions of the amount of advertising
are based on extrapolation from data in the  public  domain  since  they
were  unable  to obtain data directly from the pharmaceutical companies.
(5) Pharmaceutical companies claim that  advertising  dollars  are  well

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01524-01-3
              

co-Sponsors

2013-S3428A (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3592
2011-2012: S909
2015-2016: S2623
2017-2018: S3999

2013-S3428A (ACTIVE) - Summary

Requires the commissioner to conduct a cost/benefit analysis of pharmaceutical advertising and promotional activities associated with the provision of prescription drugs to citizens in this state.

2013-S3428A (ACTIVE) - Sponsor Memo

2013-S3428A (ACTIVE) - Bill Text download pdf

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

                                 3428--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens. KRUEGER, HASSELL-THOMPSON, PARKER, SERRANO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Health  --  recommitted  to  the Committee on Health in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public  health  law,  in  relation  to  requiring  a
  cost/benefit  analysis  of  pharmaceutical advertising and promotional
  expenses

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

  Section  1.  Legislative intent. The legislature finds and declares as
follows: (1) More than almost all other consumer purchases, the purchase
of medications has a direct, discernible impact on the health, life  and
pocketbooks  of  New  York state citizens. (2) A substantial and growing
portion of the price of prescription drug products  and  their  cost  to
consumers  and  the  state  is  represented by advertising, particularly
direct-to-consumer advertising through mass media,  company  advertising
and  promotional  activities  through  the education of the personnel of
managed care plans, pharmaceutical benefits management companies, hospi-
tals and clinics and health care professionals by means of salespersons'
detailing,  seminars  and  conferences,  and  indirect  advertising  and
promotion  to health care professionals and their staffs and the person-
nel of managed care plans, and pharmaceutical benefits management compa-
nies, hospitals and clinics through entertainment, meals, travel, trips,
promotional items, free samples and free supplies,  all  of  which  also
include  the salaries of the growing legions of drug representatives and
salespersons. (3) There has been marked increase in spending by  pharma-
ceutical  companies  for direct-to-consumer advertising since the liber-
alization of federal regulations governing these practices in 1997.  (4)
Researchers have indicated that assumptions of the amount of advertising

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01524-02-4
              

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