The bill amends Title 6 of the General Laws by adding a new chapter, CHAPTER 13.4, which prohibits price gouging of prescription drugs during market shortages or emergencies. The purpose of this act is to prohibit prescription drug price gouging or excessive pricing during market shortages. The bill defines key terms such as "price gouging," "market emergency," "market shortage," and "vital drug." It establishes that the governor or President can declare a market shortage or market emergency for a period of six months regarding one or more vital drugs due to a market shortage.
During this period, it becomes unlawful for any person to sell vital drugs at a price that is unreasonably excessive, which is defined as a price that represents a gross disparity between the average prices at which the same or similar commodity was available prior to the emergency declaration and the current price, not substantially attributable to increased costs incurred by sellers.
Violators of this law would face severe penalties, including felony charges, imprisonment for up to five years, and fines of up to $10,000. The bill also allows the attorney general to seek injunctive relief against those engaging in price gouging practices. The attorney general is tasked with determining whether a price is unreasonably excessive by considering various factors, including the disparity between current and past prices and the costs incurred by sellers. The act is set to take effect upon passage.