82nd Legislative Session _ 2007

Committee: Senate Health and Human Services
Monday, February 26, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gant
P    Hansen (Tom), Chair
E    Jerstad
P    Katus
P    Olson (Ed)
P    Two Bulls
P    Dempster, Vice-Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Hansen

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 21, 2007

Moved by:    Dempster
Second by:    Gant
Action:    Prevailed by voice vote.

Gavel passed to Vice Chair Dempster.

         HB 1155: revise certain provisions concerning wholesale drug distributors.

Presented by:    Senator Tom Hansen
Proponents:    Representative Don Van Etten
        Dennis Duncan, Pharmaceutical Research Manufacturer of America
        Jack Geisser, Pharmaceutical Research Manufacturer of America
        Mike Shaw, Pfizer, Inc.
Opponents:    Gary Buckley, Mckesson

MOTION:     AMEND HB 1155


1155jf
     On page 1 of the House Health and Human Services Committee engrossed bill , between lines 11 and 12, insert:

"

             (4)    Co-licensed partner," a party that, with another party or parties, has the right to engage in the manufacturing or marketing, or both, of a co-licensed product; ".

     On page 1 , line 12, delete " (4) " and insert " (5) ".

     On page 1 , line 13, delete " such drug " and insert " a drug consistent with the federal Food and Drug Administration's implementation of the Prescription Drug Marketing Act (21 C.F.R. Parts 203 and 205) ".

     On page 1 , line 14, delete " (5) " and insert " (6) ".

     On page 2 , line 6, delete " (6) " and insert " (7) ".

     On page 2 , delete line 8 and insert " (8)    "Drug Enforcement Administration," the Drug Enforcement Administration of the United States ".

     On page 2 , line 10, delete " (8) " and insert " (9) ".

     On page 2 , line 12, delete " (9) " and insert " (10) ".

     On page 2 , line 14, delete " (10) " and insert " (11) ".

     On page 2 , line 16, delete " a person licensed or approved " and insert " as defined ".

     On page 2 , delete line 17 , and insert " Drug Administration's regulations implementing the Prescription Drug Marketing Act (21 C.F.R. Parts 203 and 205) ;".

     On page 2 , line 18, delete " (11) " and insert " (12) ".

     On page 2 , line 20, delete " (12) " and insert " (13) ".

     On page 2 , line 22, delete " (13) " and insert " (14) ".

     On page 2 , line 24, delete " (14) " and insert " (15) ".

     On page 3 , line 3, delete " (15) " and insert " (16) ".

     On page 3, line 11, delete " any one " and insert "both".

     On page 5 , line 23, after " distribution; " insert "hospital pharmacies; reverse distributors;".

     On page 7 , line 18, after " any " insert "qualifications required for".

     On page 7 , line 19, after " regulation " insert ", including the requirements in subdivisions (7) and (8) of section 10 of this Act, and sections 11 to 13, inclusive, of this Act".

     On page 12 , line 22, delete everything after " warehouse " and insert ".".

     On page 12 , delete line 23 , and insert "Returns of expired, damaged, recalled, or otherwise nonsaleable pharmaceutical products shall be distributed by the receiving wholesale distributor only to either the original".

     On page 12 , line 24, after " exchanges " insert "of prescription drugs, saleable or otherwise, including any redistribution by a receiving wholesaler,".

     On page 19 , after line 11, insert:

"      Section 29. That § 36-11A-3 be repealed.

     36-11A-3.   A wholesale drug distributor is any person engaged in the wholesale distribution of prescription drugs, including manufacturers; repackagers; own-label distributors; private-label distributors; reverse distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; and retail and hospital pharmacies that conduct wholesale distributions, including pharmacy distributors. A wholesale drug distributor does not include a common carrier or an individual hired solely to transport prescription drugs. ".


Moved by:    Olson (Ed)
Second by:    Gant
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1155 AS AMENDED

Moved by:    Hansen (Tom)
Second by:    Gant
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Gant, Hansen (Tom), Katus, Olson (Ed), Two Bulls, Dempster

Excused:    Jerstad

Gavel returned to Chair Hansen.

MOTION:     ADJOURN

Moved by:    Olson (Ed)
Second by:    Dempster
Action:    Prevailed by voice vote.

Peggy Hyde

____________________________

Committee Secretary
Tom Hansen, Chair