H. B. 2538
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced February 26, 2001; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend article six, chapter forty-six-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
one hundred eleven, relating to requiring all direct consumer
advertising for prescription drugs to include the average
wholesale price for the particular prescription drug.
Be it enacted by the Legislature of West Virginia:
That article six, chapter forty-six-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section one
hundred eleven, to read as follows:
ARTICLE 6. GENERAL CONSUMER PROTECTION.
§46A-6-111. Direct consumer advertising of prescription drugs.
In the event of any direct consumer advertisement of any
prescription drug, the advertisement shall prominently include the average wholesale price charged for the prescription drug. For the
purposes of this section, "direct consumer advertisement" means an
advertisement, as defined in subsection (a), section one of this
article, directed at particular consumers, including, but not
limited to, solicitations by mail or telephone, distributions of
handbills or flyers and internet postings.
NOTE: The purpose of this bill is to require all direct
consumer advertising for prescription drugs to include the usual
and customary price of the prescription drug.
This section is new; therefore, strike-throughs and
underscoring have been omitted.