MIKE HOEFERKAMP SB 472 - This act defines for its implementation the terms of: (1) "purchaser", as any person who sells or dispenses drugs directly to consumers, including the state of Missouri and health care providers in the Medicaid program; (2) "seller", any person who sells drugs to purchasers; (3) "manufacturer", any person who sells drugs to sellers and/or purchasers.

This act requires the manufacturer of drugs to offer those drugs to every seller in a manner equal to the terms of sale to the most favored seller, including purchase prices for similar volume purchases. A manufacturer will be required to offer rebates, free merchandise, samples and other trade concessions to all sellers on equal terms. Manufacturers will no longer be able to provide discounts to sellers or purchasers based on the class of trade to which those sellers or purchasers belongs.

This act also requires manufacturers and sellers of drugs to offer those drugs to every purchaser in a manner equal to the terms of sale to the most favored purchaser, including purchase prices for similar volume purchases. Manufacturers and sellers of drugs which offer rebates, free merchandise, samples and other trade concessions to all purchasers on equal terms.

No entity of the state government or of any political subdivision shall purchase any drugs from any manufacturer or seller which engages in price discrimination or unfair trade practices.

A purchaser damaged by a violation of this act may bring an action against the seller and recover treble damages . Proof of price discrimination shall constitute prima facie evidence of damage to a disfavored purchaser.

A person who violates this action may fee fined a civil penalty of not less than $1,000 nor more than $100,000 per violation.
CHERYL GRAZIER