Drug Importation in New Hampshire: An Overview
Current status:
New Hampshire submitted an application for its state importation program in April 2021. The FDA rejected the application in November 2022 because it did not identify a Canadian wholesaler that would provide the drugs.
Synopsis:
In January 2020, the New Hampshire legislature introduced SB685, which would require the New Hampshire Department of Health and Human Services to design a wholesale importation program for prescription drugs from Canada by or on behalf of the state and obtain federal approval for the program. In June 2020, SB685 was added to HB1280, which included several other prescription drug initiatives. The bill was signed into law in July 2020.
How should we evaluate this program?
The program hasn't started yet, or even been designed, so there's no way to measure whether it saved money or kept patients safe, both promises made at the time of passage. However, the 2003 Medicare Modernization Act contains requirements for safety requirements built into any such program.
Official actions and statements
November 2022: FDA denies the application.
April 2021: New Hampshire submits an SIP application.
HB1280: Text of the Bill
SB685: Text of the Bill | New Hampshire State Senate hearing
Testimony opposing SB685:
- The Best Medicines Coalition, January 21, 2020
- The Partnership for Safe Medicines, January 2020
Background / resources
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Op-eds from the Experts
In this analysis, which was published in Lexology on October 13, 2020, three global regulatory experts examine barriers to drug importation.
In this August 14, 2020 editorial, Best Medicines Coalition chair John Adams explains why Canadian importation will not lower U.S. medicine prices—and why the “concept of cheap drugs from Canada has never been anything more than a political hallucination.”
In this July 28, 2020 editorial published in the WasteWatcher blog, Elizabeth Wright argues that the administration’s Executive Order will “encourage more illegal behavior and a greater production of counterfeit drugs from countries like China, Mexico, and India.” Wright is the Director of Health and Public Policy for Citizens Against Government Waste
This editorial by Andrew Spiegel was published in The International Business Times on March 23, 2020. Mr. Spiegel is executive director of the Global Colon Cancer Association and Chair of the World Patient Alliance. President Trump, Price Controls Can’t Combat Coronavirus The U.S. outbreak of novel coronavirus, COVID-19, has quickly evolved into a national nightmare.…
In this editorial in The Globe and Mail, Ujjal Dosanjh, formerly a federal minister of health and a premier of British Columbia, explains that drug manufacturers have no incentive to sell Canadian provinces more medicine to fill the needs of U.S. residents. Importation will lead to drug shortages in Canada and counterfeit drug trafficking to the U.S.
This editorial by David C. Rosenbaum and Dara Jospé was published in the Financial Post on January 16, 2020. Rosenbaum is a partner of the law firm Fasken. Jospé is an associate for the same company.
This editorial by Rosie Rivera was published in The Salt Lake Tribune on December 3, 2019. Rivera is the sheriff of Salt Lake County.
This editorial by C. Michael White was published in The Conversation on September 27, 2019. White is a professor and head of the Department of Pharmacy Practice for the University of Connecticut.
This editorial by Dana McDougall was published in The Waterloo Cedar Falls Courier on August 26, 2019. Mr. McDougall, Pharm.D., BCPS, is a pharmacist with the Covenant Cancer Treatment Center in Waterloo, Iowa.
This editorial by Dr. Charles S. Shaver was published in The Hamilton Spectator on August 11, 2019. Dr. Shaver i a practicing physician in Ottawa. He is a graduate of Princeton University and Johns Hopkins School of Medicine. Dr. Shaver is also past chair of the section on general internal medicine of the Ontario Medical Association.