OLR Bill Analysis
AN ACT CONCERNING PRESCRIPTION DRUGS.
This bill expands current prohibitions concerning counterfeit drugs and devices to include knowingly dispensing, importing, or reimporting into the state such drugs or devices. The law already prohibits knowingly purchasing for resale, selling, offering for sale, or delivering these items.
By law, a “counterfeit drug or device” is a drug or device, or its container or label that, without authorization, (1) bears the trademark, trade name, or other identifying mark, imprint, number or device, or likeness of a manufacturer, distributor, or dispenser other than the person who manufactured, distributed, or dispensed the substance and (2) falsely claims or represents the drug or substance to have been distributed by the other manufacturer, distributor, or dispenser.
The bill subjects violators to both criminal and civil penalties, including, for each violation, a maximum (1) criminal fine of $10,000, one year imprisonment, or both, or (2) civil fine of $1,000. It also allows the Department of Consumer Protection (DCP) commissioner to investigate and take various disciplinary actions (see BACKGROUND).
The bill also provides that any prescribing practitioner who takes any of the bill's or current law's prohibited actions, is subject to certain Department of Public Health (DPH) disciplinary actions, including a maximum civil fine of $25,000 (see BACKGROUND).
EFFECTIVE DATE: October 1, 2015
DCP. By law, DCP can take the following actions against anyone who knowingly violates the counterfeit drug or device law:
1. suspend, revoke, refuse to renew, or place on probation a DCP license or registration;
2. assess up to a $1,000 civil penalty for each violation;
3. issue a cease and desist order; or
4. issue an order of restitution (CGS § 21a-90).
DPH. By law, DPH can take, among others, the following disciplinary actions:
1. suspending or revoking the person's DPH certification,
2. issuing a letter of reprimand to or censuring the person,
3. placing him or her on probation,
4. assessing a civil penalty of up to $ 25,000, or
5. taking summary action against the violator's DPH certification if the person has been found guilty of a state or federal felony or is subject to disciplinary action in another jurisdiction (CGS § 19a-17).
Public Health Committee