Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblywoman N.Munoz
SYNOPSIS
Urges Congress to pass legislation requiring advance notification of discontinuances or interruptions in production of all prescription drugs.
CURRENT VERSION OF TEXT
As introduced.
A Joint Resolution memorializing Congress to pass legislation addressing the national hospital drug shortage crisis.
Whereas, Hospitals throughout New Jersey and the nation, including children’s hospitals, are experiencing a severe pharmaceutical drug shortage that is adversely impacting patient care; and
Whereas, There are presently 213 drugs that are in short supply, including vital medications such as antibiotics used to treat varying strains of pneumonia, intravenous electrolytes used to provide nourishment for those who are unable to eat, and various chemotherapy drugs used to treat aggressive cancers; and
Whereas, The drug shortages are forcing doctors to delay or alter patient care plans and are, in many instances, leaving patients with an increased risk of side effects and adverse drug interactions because no safe alternatives to these drugs exist; and
Whereas, At least 15 patient deaths have been attributed to the recent drug shortages because either the preferred drug was unavailable or, when resorting to alternative treatments not normally used, staff made dosing errors or contaminated medicines mixed by hand; and
Whereas, The drug shortages are resulting in highly inflated costs for certain medicines and are forcing some hospitals to resort to bartering for drugs with other hospitals to serve their patients; and
Whereas, Currently, only sole-source manufacturers of life saving drugs are required to report discontinuances of pharmaceutical drugs to the United States Food and Drug Administration (FDA) so that the FDA can help mitigate the disruption and notify health care providers; and
Whereas, Advance notification to the FDA of possible disruptions in the production of prescription drugs by manufacturers helped the FDA prevent 38 drug shortages in 2010; and
Whereas, Two bills pending before the United States Congress, the “Preserving Access to Life-Saving Medications Act of 2011,” H.R. 2245, and the “Preserving Access to Life-Saving Medications Act,” S. 296, would expand such notification by requiring manufacturers of all prescription drugs to provide advance notice to the FDA of any discontinuance or interruption in the production of a drug and would require the Secretary of the United States Department of Health and Human Services (HHS) to publish these notifications and to distribute this information to health care providers and patient organizations; and
Whereas, It is altogether fitting and proper and in the best interest of the people of New Jersey and of this nation to memorialize the United States Congress to pass such legislation that would address this national hospital drug shortage crisis; now, therefore,
Be It Resolved by the Senate and General Assembly of the State of New Jersey:
1. The United States Congress is respectfully memorialized to pass legislation requiring manufacturers of all prescription drugs to provide advance notification to the United States Food and Drug Administration of a discontinuance or interruption in the production of any prescription drug and requiring the Secretary of the United States Department of Health and Human Services to publish and distribute this information.
2. Duly authenticated copies of this joint resolution shall be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of Congress from the State of New Jersey.
3. This joint resolution shall take effect immediately.
STATEMENT
This joint resolution memorializes the United States Congress to pass legislation that would help address the drug shortage crisis.
There is currently a severe hospital drug shortage that warrants immediate remedial action by the federal government. Too many hospitals throughout New Jersey and the nation, including children’s hospitals, are experiencing shortages of vitally important drugs, including drugs used to treat cancers and pneumonia, and drugs used to provide nourishment for those who are unable to eat.
Of greatest concern is the risk to patient safety that the drug shortages present. Patients are facing delays or alterations to their treatment plans and are, in many instances, left with an increased risk of side effects and adverse drug interactions because no safe alternatives to these drugs exist. The need for action to address this national problem is only made clearer by the fact that the lives of at least 15 people have been lost due to various problems caused by the recent drug shortages.
Two bills currently pending before Congress, the “Preserving Access to Life-Saving Medications Act of 2011,” H.R. 2245, and the “Preserving Access to Life-Saving Medications Act,” S. 296, would help address this hospital drug shortage crisis by expanding the notification requirements for discontinuances or interruptions in the production of prescription drugs and by requiring the publication and distribution of this information. Congress is urged to pass such legislation as soon as is possible.