A bill to amend the Public Health Service Act in order to protect the public against excessively high prices for certain drugs.
Public Health Price Protection Act - Provides that whenvever it appears to the Surgeon General that in the case of any drug, (1) its continued availabiltiy 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 therin 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; he shall immediately so certify to the Federal Trade Commission.
Provides that if the Federal Trade 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 the formulation of rules by the Commission to determine a proper price and licensing procedure. Provides civil penalties for violation of any mandatory licensing rule. Provides for judicial review of such rules.
Introduced in Senate
Referred to Senate Committee on Labor and Public Welfare.
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