S 1232 · 111th Congress 2009–2011, ended

Pharmaceutical Market Access and Drug Safety Act of 2009

Introduced Jun 10, 2009 Originated Senate Sponsor Byron L. Dorgan D-ND

Fact sheet Spreadsheet

Latest action · Jun 11, 2009 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 73.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJun 10, 2009
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Pharmaceutical Market Access and Drug Safety Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to revise provisions governing the importation of prescription drugs. Waives the limitation on importation of prescription drugs that have been exported from the United States.

Prohibits the importation of a qualifying drug unless such drug is imported by: (1) a registered importer; or (2) an individual for personal use.

Establishes registration conditions for importers and exporters. Requires the Secretary of Health and Human Services to inspect places of business, verify chains of custody, inspect facilities, and determine compliance with registration conditions.

Sets forth provisions governing the importation of qualifying drugs that are different from U.S. label drugs, including standards for judging such differences.

Prohibits manufacturers from: (1) discriminating against registered exporters or importers; (2) causing there to be a difference in a prescription drug distributed in the United States and one distributed in a permitted country; (3) engaging in actions to restrict, prohibit, or delay the importation of a qualifying drug; or (4) engaging in any action that the Federal Trade Commission (FTC) determines discriminates against a person that engages or attempts to engage in the importation of a qualifying drug.

States that the resale in the United States of prescription drugs that were properly sold abroad is not patent infringement.

Requires the Secretary to educate consumers regarding prescription drug importation.

Sets forth provisions governing the sale of prescription drugs through an Internet site. Includes the dispensing or selling of a prescription drug in violation of this Act as a prohibited act under FFDCA.

Prohibits the introduction of restricted transactions with unregistered foreign pharmacies into a payment system or the completion of such transactions using a payment system.

Cosponsors 31

Members who signed on, in the order they did. Signatures ran from Jun 10, 2009 to Oct 8, 2009; 28 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MNAmy KlobucharOriginalJun 10, 2009
D-PAArlen SpecterOriginalJun 10, 2009
D-CABarbara BoxerOriginalJun 10, 2009
I-VTBernard SandersOriginalJun 10, 2009
D-FLBill NelsonOriginalJun 10, 2009
D-MICarl LevinOriginalJun 10, 2009
R-IAChuck GrassleyOriginalJun 10, 2009
D-MOClaire McCaskillOriginalJun 10, 2009
D-HIDaniel K. InouyeOriginalJun 10, 2009
R-LADavid VitterOriginalJun 10, 2009
D-MIDebbie StabenowOriginalJun 10, 2009
D-MAEdward M. KennedyOriginalJun 10, 2009
D-WIHerb KohlOriginalJun 10, 2009
D-NHJeanne ShaheenOriginalJun 10, 2009
D-NMJeff BingamanOriginalJun 10, 2009
D-MAJohn F. KerryOriginalJun 10, 2009
R-AZJohn McCainOriginalJun 10, 2009
R-SDJohn ThuneOriginalJun 10, 2009
D-MTJon TesterOriginalJun 10, 2009
D-AKMark BegichOriginalJun 10, 2009
R-MEOlympia J. SnoweOriginalJun 10, 2009
D-VTPatrick J. LeahyOriginalJun 10, 2009
D-ILRichard J. DurbinOriginalJun 10, 2009
D-PARobert P. Casey Jr.OriginalJun 10, 2009
D-WIRussell D. FeingoldOriginalJun 10, 2009
D-OHSherrod BrownOriginalJun 10, 2009
R-MESusan M. CollinsOriginalJun 10, 2009
D-SDTim JohnsonOriginalJun 10, 2009
D-NDKent ConradJun 11, 2009
D-ARBlanche L. LincolnJul 14, 2009
D-VAJim WebbOct 8, 2009

Actions 3

Everything that happened, newest first.

  1. Jun 11, 2009Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 73.
  2. Jun 10, 2009Introduced in Senate
  3. Jun 10, 2009Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

In the Congressional Record 6

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S9898Byron L. Dorgan D-NDSep 29, 2009
SenateDebate and remarks S9713–S9715Byron L. Dorgan D-NDSep 23, 2009
SenateDebate and remarks S8216Byron L. Dorgan D-NDJul 29, 2009
SenateDebate and remarks S6866Byron L. Dorgan D-NDJun 22, 2009
SenateDebate and remarks S6481Harry Reid D-NVJun 11, 2009
Show all 6 days

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

About this bill 1

Products that name it in their title: its number, its law number or one of its short titles.

ProductTitleKindPublished
RS22660Prescription Drug Importation: How S. 1232 (S. 525/H.R. 1298) Would Change Current Law ArchivedReportJun 16, 2009

Related bills 3

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 525Pharmaceutical Market Access and Drug Safety Act of 2009Identical billMar 5, 2009
HR 1298Pharmaceutical Market Access and Drug Safety Act of 2009Identical billMar 5, 2009
S 3415Fair Pricing for Prescription Drugs ActRelated billMay 25, 2010

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs, and for other purposes.
Short Titles as Introduced
Pharmaceutical Market Access and Drug Safety Act of 2009

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 1

Each version as it was printed, newest first.

  1. Jun 11, 2009Placed on Calendar Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.