Skip to main content
State Seal State Seal State Seal
Home Button Home Button Home Button
 
 
 

State Representative Derek Merrin Introduces the "Epinephrine Accessibility Act"

February 28, 2017
Derek Merrin News

COLUMBUS—State Representative Derek Merrin (R-Monclova Township) introduced House Bill 101, known as the “Epinephrine Accessibility Act,” which seeks to make epinephrine auto-injectors more affordable and accessible. National media has reported on the sky-rocketing cost for EpiPens, produced by Mylan Pharmaceuticals, which is reported to control about 90 percent of the epinephrine auto-injector market. The price for EpiPens has increased about 500 percent in recent years, standing at a $600 retail price.

“The key is eliminating government barriers that restrict the free-market availability and consumer access to EpiPen competitors,” Merrin said. “Mylan Pharmaceuticals, drug maker of EpiPen, is exploiting its virtual monopoly in the epinephrine auto-injector space.”

House Bill 101 allows pharmacists to substitute a prescribed, brand-name epinephrine auto-injector for a pharmaceutically equivalent epinephrine auto-injector. For example, if a physician prescribes EpiPen that retails at $600, a pharmacist could substitute a less expensive alternative, with the patient’s consent, that retails as low as $100. Epinephrine auto-injectors are not substitutable under current state law in most instances.

Also, the bill enables pharmacists to dispense epinephrine auto-injectors to adults 18 years of age or older, under a physician’s protocol. The Ohio Board of Pharmacy, with consultation of the State Medical Board of Ohio, will establish protocol requirements that govern the conditions under which pharmacists can dispense epinephrine auto-injectors to adults without a prescription.

“This legislation is a free-market solution to the exorbitant cost of epinephrine auto-injectors. By easing access and government restrictions, consumers will have a better opportunity to obtain epinephrine auto-injectors at a lower cost,” said Representative Merrin.

For Ohioans at risk of anaphylactic shock, epinephrine delivered by an auto-injector is a medical necessity and often life-saving. However, the price has become a barrier to access and attainability. The good news is there are multiple epinephrine auto-injectors on the market and more in the pipeline. Under this bill, consumers will have increased ability to work with pharmacists to secure the best epinephrine auto-injector at a competitive price.

Antonio Ciaccia, Director of Government & Public Affairs for the Ohio Pharmacists Association, said,
“Representative Merrin’s bill checks all the boxes for what makes great legislation: eliminating barriers, easing access, reducing unnecessary hassles, and facilitating better competition. It could help save families hundreds of dollars per year and provide them with access to a lifesaving medication.”

House Bill 101 has earned bipartisan support in the Ohio House of Representatives and awaits committee designation.