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Introduced Version House Bill 2538 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2538


(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced February 26, 2001; referred to the
Committee on Government Organization then the Judiciary.]




A BILL to amend article six, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one hundred eleven, relating to requiring all direct consumer advertising for prescription drugs to include the average wholesale price for the particular prescription drug.

Be it enacted by the Legislature of West Virginia:
That article six, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one hundred eleven, to read as follows:
ARTICLE 6. GENERAL CONSUMER PROTECTION.
§46A-6-111. Direct consumer advertising of prescription drugs.

In the event of any direct consumer advertisement of any prescription drug, the advertisement shall prominently include the average wholesale price charged for the prescription drug. For the purposes of this section, "direct consumer advertisement" means an advertisement, as defined in subsection (a), section one of this article, directed at particular consumers, including, but not limited to, solicitations by mail or telephone, distributions of handbills or flyers and internet postings.




NOTE: The purpose of this bill is to require all direct consumer advertising for prescription drugs to include the usual and customary price of the prescription drug.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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