Lawmakers Introduce Bipartisan Rx Importation Bill

A group of bipartisan senators and representatives have introduced a bill that would legalize the importation of prescription drugs into the U.S., as lawmakers say momentum is growing for passing such legislation this session.

The Pharmaceutical Market Access Act of 2005, H.R. 328, would allow American consumers, pharmacists and wholesalers to purchase FDA-approved drugs from FDA-approved facilities in 25 industrialized countries, according to the bill's nine co-sponsors, which include five representatives.

The bill contains various safety precautions, such as mandatory counterfeit-proof packaging for drugs and the use of chain-of-custody documentation for drug handling. Under the proposal, all exporters must register and make their facilities subject to inspection on demand. They also may only ship certain qualified drugs to authorized importers.

In addition, the bill said, drug companies would be prohibited from using tactics to stop importation, such as modifying a drug so it is not FDA-approved. Violators would be subject to treble financial damages. The bill is similar to one that passed in the House last session.