PA 15-49—sSB 998

Public Health Committee

General Law Committee

Judiciary Committee

AN ACT CONCERNING PRESCRIPTION DRUGS

SUMMARY: This act expands 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 their likenesses), of a manufacturer, distributor, or dispenser other than the person who manufactured, distributed, or dispensed the substance and (2) falsely claims or represents that the drug or substance was distributed by the other manufacturer, distributor, or dispenser.

The act 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 act also provides that any prescribing practitioner who takes any of the act's or the 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

BACKGROUND

Disciplinary Actions

DCP. By law, the DCP commissioner can take the following actions, among others, 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. issue a cease and desist order;  or

3. issue a restitution order (CGS 21a-90).

DPH. By law, DPH can take the following disciplinary actions, among others:

1. suspend or revoke the person's DPH license or permit,

2. issue a letter of reprimand to or censure the person,

3. place him or her on probation, or

4. take summary action against the person's DPH license or permit if he or she has been found guilty of a state or federal felony or is subject to disciplinary action in another jurisdiction (CGS 19a-17).

OLR Tracking: DC; JSB; TA; BS