Public Health Price Protection Act

Summary

Public Health Price Protection Act - Directs the Secretary of Health, Education, and Welfare, whenever it appears in the case of any drug that: (1) its continued availability by reason of its general use by the medical profession may be in the public interest; (2) the usage and price levels of such drugs are such that the volume of commerce therein may not be insubstantial; and (3) either there are fewer than four producers of such drug in the United States or the average price of such drug to the consumer is five times the direct cost to the producer, to immediately so certify to the Federal Trade Commission. Stipulates that if the Commission finds that the existence of a patent relating to the manufacture, use, or sale of such drug has constituted a substantial contributing factor to the high price of such drug, it shall institute a public rulemaking proceeding to determine whether such patent should be subject to mandatory licensing. Specifies procedures for the formulation of rules by the Commission in determining a proper price and licensing procedure. Imposes a civil penalty for violation of mandatory licensing rules. Provides for judicial review of such rules.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 4 February 1977

   Introduced

   Referred to Senate Committee on Labor and Public Welfare (Subsequently: Human Resources).

   Source: IntroReferral

2. 4 February 1977

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

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Versions

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Documents

1 official file

• Introduced in Senate

  summary · EN · 4 February 1977

  Open at official source

Sponsors

• Sen. Nelson, Gaylord [D-WI] · D · Sponsor
• · sshr00 · Standing

Related records

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