45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO PRESCRIPTION DRUGS; LIMITING PRICES OF DRUGS SOLD TO CERTAIN NEW MEXICO PROVIDERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. PRESCRIPTION DRUGS--PRICE LIMITATIONS.--

A. No person, prescription drug manufacturer or pharmaceutical benefits manager shall sell or provide a prescription drug to any person, pharmacy or wholesale drug distributor in New Mexico at a price that exceeds the price the seller sold that prescription drug to any person, pharmacy or wholesale drug distributor in a foreign country.

B. In any action brought under Subsection A of this section, if the court finds that a person has willfully sold or provided prescription drugs to any person, pharmacy or wholesale drug distributor in New Mexico at a price exceeding that which the seller sold or provided that prescription drug to any person, pharmacy or wholesale drug distributor in a foreign country, the person injured may recover three times the actual damages sustained, plus the cost of the suit and reasonable attorney fees and the court or jury may award punitive damages.