SENATE JOINT MEMORIAL 8

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Dede Feldman

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

A JOINT MEMORIAL

REQUESTING AN INVESTIGATION OF THE FEASIBILITY, LEGALITY AND SAFETY OF IMPORTING PRESCRIPTION DRUGS FROM CANADA AND MEXICO.

     WHEREAS, in recent years growth in prescription drug spending has outpaced that of every other category of health expenditures; and

     WHEREAS, spending on prescription drugs grew at an inflation-adjusted average annual rate of fourteen and one-half percent from 1997 to 2002, reaching one hundred sixty-two billion dollars ($162,000,000,000) in 2002; and

     WHEREAS, the rapid growth of prescription drug expenditures is prompting consumers and policymakers to look for new ways to control drug spending; and

     WHEREAS, drug pricing in Canada and Mexico is usually significantly lower than pricing for the same drugs in the United States; and

     WHEREAS, in July 2003 the United States house of representatives passed a resolution that would have permitted pharmacists, wholesalers and individuals to import prescription drugs from twenty-five industrialized countries; and

     WHEREAS, the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003 contains a provision permitting importation of drugs from Canada contingent upon certification of safety and the prospect for significant cost savings; and

     WHEREAS, several states, including Illinois, New Hampshire, Wisconsin and West Virginia as well as the District of Columbia have taken steps toward importing prescription drugs from Canada and in all, twenty-four states have considered such measures; and

     WHEREAS, the cost of prescription drugs constitutes one of the highest priced components of increased medicaid costs; and

     WHEREAS, importation of prescription drugs would likely reduce pharmaceutical expenses in the medicaid program; and

     WHEREAS, in New Mexico, many senior citizens and others routinely cross the border to obtain prescription drugs in Mexico and bring them back into this country for their own personal use; and

     WHEREAS, there is some uncertainty about the safety, legality and feasibility of large-scale importation of drugs from Canada or Mexico;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the aging and long-term services department, in cooperation with the office of the attorney general and the board of pharmacy, be requested to create a task force to study the feasibility, legality and safety of importing prescription drugs from Canada and Mexico; and

     BE IT FURTHER RESOLVED that the task force include representation from senior citizen and other consumer advocacy groups; and

     BE IT FURTHER RESOLVED that the study consider the actions and effectiveness of other states that are engaging in or considering various methods of importing drugs from Canada or Mexico; and

     BE IT FURTHER RESOLVED that the findings and recommendations of this study be reported to the legislative health and human services committee at its October 2005 meeting; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of aging and long-term services, the New Mexico attorney general and the board of pharmacy.

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