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 emergencies or shortages. 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," "vital drug," and "unreasonably excessive drug pricing."
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 time, it becomes unlawful to sell vital drugs at a price that is unreasonably excessive, indicating that the seller is taking unfair advantage of the circumstances related to a market shortage.
Violators of this law would be guilty of a felony, facing penalties of up to five years in prison 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 the challenged price and the price at which the same or similar goods were readily available prior to the declared market shortage.
The act is set to take effect upon passage.