Bill Text: NJ S3872 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits procurement of opioid antidotes from certain entities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-18 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3872 Detail]
Download: New_Jersey-2024-S3872-Introduced.html
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Prohibits procurement of opioid antidotes from certain entities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning opioid antidotes and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Legislature finds and declares that certain corporations have been parties to settlements with state governments over legal claims against those corporations for actions that fueled the opioid epidemic.
b. The Legislature finds and declares that some of these same corporations are now selling states opioid antidotes.
c. The Legislature finds and declares that there are qualified and capable pharmaceutical manufacturers and distributors that did not participate in causing or fueling the opioid epidemic.
d. The Legislature therefore determines that it shall be the policy of the State to purchase opioid overdose medications only from distributors and manufacturers that were not a party to any state settlement related to the opioid epidemic.
2. As used in this act:
"Division" means the Division of Purchase and Property in the Department of the Treasury.
"Opioid antidote" means any drug, regardless of dosage amount or method of administration, which has been approved by the United States Food and Drug Administration (FDA) for the treatment of an opioid overdose. "Opioid antidote" includes, but is not limited to, naloxone hydrochloride, in any dosage amount, which is administered through nasal spray or any other FDA-approved means or methods.
"State agency" means any agency in the executive, legislative, or judicial branch of the State government, including, but not limited to, any department, board, bureau, commission, division, office, council, or instrumentality thereof.
3. The division, or any State agency having authority to contract for the purchase of goods or services, may only issue a request for proposal for the procurement of opioid antidotes to entities that have not been parties to any settlement with any state government over legal claims against the entities for actions that contributed to the opioid epidemic. An entity that has been a party to a settlement with any state government over a legal claim against the entity for an action that contributed to the opioid epidemic, including any of the entity's affiliates or subsidiaries, shall be precluded from participating in the solicitation.
4. a. Following the selection and awarding of any request for proposal for the procurement of opioid antidotes issued pursuant to section 3 of this act, the division, or any State agency having authority to contract for the purchase of goods or services, shall only purchase, or use available federal funding to purchase, opioid antidotes from selected and awarded vendors that have not been parties to any settlement with any state government over legal claims against those vendors for actions that contributed to the opioid epidemic.
b. Any entity that has been a party to a settlement with any state government over a legal claim against the entity for an action that contributed the opioid epidemic, including any of the entity's affiliates or subsidiaries, shall be precluded from selling the State opioid antidotes. If an entity, in a settlement entered into prior to September 1, 2024, agreed to provide the State opioid antidotes as a part of the settlement, the entity shall continue to provide the State opioid antidotes until the existing settlement obligations are fulfilled.
5. This act shall take effect immediately.
STATEMENT
This bill prohibits the procurement of opioid antidotes from certain pharmaceutical manufacturers and distributors.
Under the bill, the Division of Purchase and Property (division) in the Department of the Treasury, or any State agency having authority to contract for the purchase of goods or services, may only issue a request for proposal for the procurement of opioid antidotes to entities that have not been parties to any settlement with any state government over legal claims against those entities for actions that contributed to the opioid epidemic. An entity that has been a party to a settlement with any state government over a legal claim against the entity for an action that contributed to the opioid epidemic, including any of the entity's affiliates or subsidiaries, will be precluded from participating in the solicitation.
Following the selection and awarding of any request for proposal for the procurement of opioid antidotes issued pursuant to this bill, the division, or any State agency having authority to contract for the purchase of goods or services, will only purchase, or use available federal funding to purchase, opioid antidotes from selected and awarded vendors that have not been parties to any settlement with any state government over legal claims against those vendors for actions that contributed to the opioid epidemic.
Under the bill, any entity that has been a party to a settlement with any state government over a legal claim against the entity for an action that contributed the opioid epidemic, including any of the entity's affiliates or subsidiaries, will be precluded from selling the State opioid antidotes. However, if the entity, in a settlement entered into prior to September 1, 2024, agreed to provide the State opioid antidotes as a part of the settlement, the entity will continue to provide the State opioid antidotes until the existing settlement obligations are fulfilled
