---
title: SB 314. "Wholesale Prescription Drug Importation Act"; enact
collection: bills
id: 2025-2026/sb314
cite_as: SB 314, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb314
md_url: https://georgiacommons.org/bills/2025-2026/sb314.md
text_url: https://georgiacommons.org/bills/2025-2026/sb314/text
source_url: https://www.legis.ga.gov/legislation/71029
date: 2025-03-03
status: introduced
corpus_version: bills-2026-09-12
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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next: https://georgiacommons.org/bills/2025-2026/sb315.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb314.md?full=1
bill_number: SB 314
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-28
last_action: Senate Read and Referred
sponsors:
- Jason Esteves
- Harold Jones
- Kim Jackson
- Elena Parent
- Josh McLaurin
- Derek Mallow
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB314/2025
upstream_id: 1989306
summaries_model: claude-sonnet-5
topic_tags:
- prescription drug prices
- drug importation
- health care costs
- Department of Community Health
- pharmacy regulation
---
# SB 314. "Wholesale Prescription Drug Importation Act"; enact
## Text
Senate Bill 314
By: Senators Esteves of the 35th, Jones II of the 22nd, Jackson of the 41st, Parent of the 44th,
McLaurin of the 14th and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to
provide for the establishment of a wholesale prescription drug importation program and the
procedures for implementing such program; to provide for definitions; to provide for related
matters; to provide for contingent effectiveness upon appropriation of funds; to provide for
a short title; to provide for a legislative finding; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Wholesale Prescription Drug Importation
Act."
SECTION 2.
The General Assembly finds that access to affordable medications is a public health issue
that impacts many Georgians and the establishment of a wholesale prescription drug
importation program can serve as a solution to thousands of those Georgians and may
provide them with the opportunity to obtain life-saving and life-preserving medications.
SECTION 3.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding
a new chapter to read as follows:
"CHAPTER 8A
31-8A-1.
As used in this chapter, the term:
(1) 'Canadian supplier' means a manufacturer, wholesale distributor, or pharmacy that
is appropriately licensed or permitted under Canadian federal or provincial laws and rules
to manufacture, distribute, or dispense prescription drugs.
(2) 'Commissioner' means the commissioner of community health.
(3) 'Department' means the Department of Community Health.
(4) 'Division' means the division within the Department of Community Health that
administers the wholesale prescription drug importation program.
(5) 'Health benefit plan' means a policy, contract, certificate, or agreement entered into,
offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse
any of the costs of healthcare services.
(6) 'Healthcare provider' means any of the following who provide medical, dental, or
other health related diagnoses, care, or treatment:
(A) Dentists and dental hygienists licensed under Chapter 11 of Title 43;
(B) Optometrists licensed under Chapter 30 of Title 43;
(C) Pharmacists licensed under Chapter 4 of Title 26;
(D) Physician assistants licensed under Chapter 34 of Title 43;
(E) Physicians licensed to practice medicine under Chapter 34 of Title 43; and
(F) Registered nurses and licensed practical nurses licensed under Chapter 26 of
Title 43.
(7) 'Prescription drug wholesaler' means an entity licensed by the State Board of
Pharmacy as a wholesale distributor under Chapter 4 of Title 26 that contracts with this
state to import prescription drugs into this state under the program.
(8) 'Program' means the wholesale prescription drug importation program established
under this chapter.
31-8A-2.
(a) The department, in consultation with the State Board of Pharmacy and interested
parties, shall design and establish a wholesale prescription drug importation program that
complies with the applicable requirements of 21 U.S.C. Section 384 and in conformity with
applicable federal regulations. The purpose of such drug importation program shall be to
provide better access to prescription drugs and a significant reduction in prescription drug
costs for patients in this state.
(b) The division shall implement the program by:
(1) Contracting with one or more prescription drug wholesalers and Canadian suppliers
to import prescription drugs and provide prescription drug cost savings to consumers in
this state;
(2) Developing a registration process for health benefit plans, healthcare providers, and
pharmacies to obtain and dispense prescription drugs imported under the program;
(3) Developing a list of prescription drugs, including the prices of those drugs, that meet
the requirements of Code Section 31-8A-3 and publishing the list on the department's
public website;
(4) Establishing an outreach and marketing plan to generate program awareness;
(5) Establishing and administering a telephone call center or electronic portal to provide
information about the program;
(6) Ensuring the program and the prescription drug wholesalers that contract with this
state in accordance with this chapter comply with the tracking, tracing, verification, and
identification requirements of 21 U.S.C. Section 360eee-1;
(7) Prohibiting the distribution, dispensing, or sale of prescription drugs imported under
this chapter outside the boundaries of this state;
(8) Ensuring that the program meets the requirements of 21 U.S.C. Section 384;
(9) Consulting with the State Board of Pharmacy and other interested parties; and
(10) Performing any other duties the commissioner determines necessary to implement
the program.
31-8A-3.
A prescription drug may be imported into this state under the program only if the drug:
(1) Meets the United States Food and Drug Administration's standards related to
prescription drug safety, effectiveness, misbranding, and adulteration;
(2) Does not violate any federal patent laws through its importation;
(3) Is expected to generate cost savings for consumers; and
(4) Is not:
(A) Listed as a controlled substance under state or federal law;
(B) A biological product, as defined in subsection (i) of Section 351 of the federal
Public Health Service Act, 42 U.S.C. Section 262, as of January 1, 2025;
(C) An infused drug;
(D) An intravenously injected drug;
(E) A drug that is inhaled during surgery; or
(F) A parenteral drug.
31-8A-4.
The division, in consultation with this state's Attorney General, shall identify and monitor
any potential anticompetitive activities in industries affected by the program.
31-8A-5.
The commissioner shall promulgate rules and regulations to effectively audit a prescription
drug wholesaler participating in the program.
31-8A-6.
No later than December 1 of each year, the department shall submit a report to the
Governor and the General Assembly regarding the operation of the program during the
preceding fiscal year, including:
(1) Which prescription drugs and Canadian suppliers are included in the program;
(2) The number of health benefit plans, healthcare providers, and pharmacies
participating in the program;
(3) The number of prescriptions dispensed through the program;
(4) The estimated cost savings to consumers, health benefit plans, employers, and this
state since the establishment of the program and during the preceding fiscal year;
(5) Information regarding the implementation of the audit referenced in this chapter; and
(6) Any other information the Governor, General Assembly, or department considers
necessary.
31-8A-7.
The commissioner shall adopt any rules and regulations necessary to implement this
chapter.
31-8A-8.
If, before implementing any provision of this chapter, the department, the Board of
Pharmacy, or any state agency determines that a waiver or authorization from a federal
agency is necessary for implementation of any portion of this chapter, the agency affected
shall request the waiver or authorization and may delay implementing the provisions of this
chapter until the waiver or authorization is granted."
SECTION 4.
This Act shall become effective on July 1, 2026, only if funds are specifically appropriated
for the purposes of this Act in an appropriations Act before such date which makes specific
reference to this Act and such funds so appropriated have become available for expenditure.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia Senate bill would create a state program to import prescription drugs wholesale from Canada, aiming to lower drug costs for Georgians, but only if lawmakers separately fund it.
### Plain-language summary
This bill sets up the "Wholesale Prescription Drug Importation Act," a new chapter of Georgia law directing the Department of Community Health to build a program that imports prescription drugs from licensed Canadian suppliers for sale in Georgia. The department would contract with prescription drug wholesalers and Canadian suppliers, register health plans, providers, and pharmacies to dispense the imported drugs, publish a list of qualifying drugs and prices, and run outreach and a call center or web portal to inform consumers.
Only drugs that meet FDA safety standards, don't violate federal patent law, are expected to save consumers money, and aren't controlled substances, biologics, infused or intravenous drugs, surgical inhalants, or parenteral drugs would qualify. The department must monitor for anticompetitive activity, audit participating wholesalers, and report yearly to the Governor and General Assembly. The law would take effect July 1, 2026, but only if the General Assembly specifically appropriates funding for it in a future budget act.
### What it does
- Creates a new wholesale prescription drug importation program inside the Department of Community Health to bring lower-cost drugs from Canada into Georgia.
- Requires the department to contract with licensed prescription drug wholesalers and Canadian suppliers and to register health plans, healthcare providers, and pharmacies to dispense imported drugs.
- Limits imported drugs to those that meet FDA safety standards, don't violate patent law, are expected to save consumers money, and exclude controlled substances, biologics, and certain injected or inhaled drugs.
- Bans reselling or distributing imported drugs outside Georgia and requires compliance with federal drug tracking and tracing rules.
- Requires an annual report to the Governor and General Assembly on participating drugs, suppliers, providers, and estimated cost savings.
- Makes the entire law contingent on the General Assembly specifically appropriating money for it before it can take effect on July 1, 2026.
### Who it affects
Georgia patients seeking lower drug prices, the Department of Community Health and the State Board of Pharmacy, licensed prescription drug wholesalers, Canadian pharmaceutical suppliers, and Georgia healthcare providers, pharmacies, and health benefit plans that would register to dispense imported drugs.
### Why it matters
If funded, Georgians could gain access to a state-run channel for lower-cost imported prescription drugs, potentially easing medication costs for patients and health plans. Because the law only takes effect with a specific future appropriation, its real-world impact depends entirely on whether lawmakers later decide to pay for it.
### Key provisions
- Section 1 names the law the 'Wholesale Prescription Drug Importation Act.'
- Section 2 states the General Assembly's finding that drug affordability is a public health issue the program is meant to address.
- New Code Section 31-8A-2 directs the Department of Community Health to design the program in line with federal law (21 U.S.C. Section 384) to cut prescription drug costs.
- New Code Section 31-8A-3 restricts which drugs can be imported, excluding controlled substances, biologics, and several categories of injected or inhaled drugs.
- New Code Section 31-8A-4 requires monitoring for anticompetitive activity in consultation with the Attorney General.
- New Code Section 31-8A-6 requires an annual report to the Governor and General Assembly each December 1 on the program's participants and cost savings.
- Section 4 makes the Act effective July 1, 2026, only if the General Assembly appropriates specific funding for it beforehand.
- Section 5 repeals conflicting laws.
## Status
- Status: Introduced (2025-02-28)
- Last action: Senate Read and Referred (2025-03-03)
- Sponsors: Jason Esteves, Harold Jones, Kim Jackson, Elena Parent, Josh McLaurin, Derek Mallow
- Official page: https://www.legis.ga.gov/legislation/71029
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb314.md?full=1