Tag Archives: pharmacies

New Federal Laws Banning “Gag Clauses” in the Pharmacy

On October 10, 2018, President Donald Trump signed into law the “Know the Lowest Price Act” and the “Patients’ Right to Know Drug Prices Act,” which aim to improve consumer access to drug price information by banning gag clauses. The Trump administration previously announced its intention to enact this legislation in its May 2018 Blueprint to Lower Drug Prices and Reduce Out-of-Pocket Costs and will likely point to these new federal laws as affirmation of its commitment to drug pricing reform that favors patients and consumers.

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Drug and Pharmacy Alert: Thirteen Congressional members demand DEA explain its treatment of pharmacies

On October 2, 2012, 13 members of Congress sent a letter to DEA Administrator Michele Leonhart seeking clarification on its method of interfacing with legitimate pharmacies while trying to curb drug diversion. Congressional members agreed that all sectors of the prescription drug supply chain need rigorous scrutiny and that violators of the law be appropriately punished. However, they also implored DEA to ensure consistent application of all laws and guidelines to wholesalers, pharmacies and other providers. In the letter, the Congressional members voiced great concern “that inconsistent interpretation and application of DEA policies, and a lack of clear guidance and communication from DEA to supply chain stakeholders, are leading to patient care issues and supply chain disruption.” The letter adds “[w]e are interested in better understanding how these policies are being communicated and whether DEA is monitoring their application.” The letter concludes that without clear regulatory guidance from the DEA, as well as consistent application of laws governing the supply of prescription drugs and DEA collaboration with all stakeholders, the lives and well-being of patients could be threatened.

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