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," and "vital drug." It establishes that the governor or President can declare a market shortage or market emergency for a period of up to six months. During this time, it becomes unlawful to sell vital drugs at prices that are unreasonably excessive, which are defined as prices that take 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 such 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 prior prices, additional costs incurred by the seller, and other relevant market conditions. The act is set to take effect upon passage.