Texas House Passes Bill to Import Prescription Drugs From Canada

Could bring big savings for consumers on commonly-used medications

Canadian (L) and American (R) flags sit in the foreground as Canadian pharmacist Amanda Hutchinson (L back) hands fellow pharmacist Florence Ticne (R back) the prescription drugs for a group of Minnesota Senior Citizens from the United States 22 October, 2003 who have traveled nine hours by bus across the US-Canadian border to Winnipeg, Canada to buy cheaper drugs. The Minnesota Senior Federation has set up monthly bus trip to Canada to buy cheaper drugs, with some people saving over 60 percent of the cost of their prescriptions from what they would pay for the same drugs in the United States. AFP PHOTO/Jeff HAYNES (Photo by JEFF HAYNES / AFP) (Photo by JEFF HAYNES/AFP via Getty Images)

The Texas House passed a bipartisan proposal that could save Texans as much as 70 percent on the cost of some commonly used prescription medications.

House Bill 25, authored by state Rep. James Talarico (D), would create a program to import certain drugs from Canada.

“Texans pay TWICE as much as Canadians for their prescription drugs,” Talarico wrote in a Twitter post on April 12. “But that’s about to change. The Texas House just passed my bill to import cheap prescription drugs from Canada.”

The proposed measure passed the House in an almost unanimous vote of 144-1, and four not voting. It was co-authored by Republican Reps. James Frank, Dustin Burrows, Stephanie Klick, and Democrat Rep. Toni Rose.

“The goal of this bill is to safely import those cheap prescription drugs from Canada, so we save lives in our state. And the estimates are that we could save anywhere from 60 to 70 percent on the price of commonly used prescription drugs from asthma medication, blood pressure medication, and cancer drugs—medication that people need for themselves and their families,” Talarico said during an interview on WFAA’s Inside Texas Politics on Sunday.

Republican state Sen. Charles Perry is carrying the legislation in the Senate, where it is expected to pass with strong bipartisan support, according to Talarico.

Texas State Rep. James Talarico (D) discusses his bill to allow pharmacies to import prescription drugs from Canada on April 12, 2023. (Courtesy of Office of James Talarico)

Trump-Era Rule Paved the Way

Texas hopes to join more than a handful of states seeking to reduce medication costs for consumers by importing drugs from Canada.

In November 2020, then-President Donald Trump authorized the importation of drugs from Canada, clearing the way for states to implement programs that would bring lower-priced medications to consumers.

Several states, including Florida, Colorado, Maine, New Hampshire, New Mexico, and Vermont, have already established laws to implement programs for importing medications from Canada.

In order to participate in the program, each state must submit its proposal to the U.S. Health and Human Services (HHS) for certification. The proposal must meet the safety and cost-saving requirements under Section 804 of the Federal Food, Drug, and Cosmetic Act.

So far, the program has failed to be implemented despite support from 78 percent of Americans, Talarico said.

In late 2020, the Pharmaceutical Research and Manufacturers of America (PhRMA), known as Big Pharma, opposed the drug importation program and sued HHS to block it.

PhRMA argued that the HHS and FDA actions “would permit pharmacists and wholesalers to import certain prescription drugs from Canada into the United States without drug manufacturers’ authorization or oversight, presenting significant safety risks,” according to the complaint, EndPoints News reported.

In February, District Judge Timothy Kelly in Washington, D.C., struck down Big Pharma’s lawsuit and attempts to stop the importation of drugs from Canada (pdf).

Talarico believes if the bill becomes law in Texas, it will “put pressure” on President Joe Biden to “finally approve this,” pointing out that many—about 250,000 Americans—die each year from not taking medications.

“I urge President Biden to do the right thing here,” he said. “Get this approved and start saving lives.”

Florida Sues Biden Administration Over Delays

In November 2020, Florida became the first state to file a proposal with HHS for the Canadian Drug Importation Program.

Then, in July 2021, the Federal Drug Administration was directed by the Biden administration to work with the states and Indian tribes to develop proposals and get the program moving forward.

But in late August 2022, after seeing no progress for nearly two years, Florida Gov. Ron DeSantis sued the Biden administration for dragging its feet in responding to its proposal.

The case is being heard in a federal court in Tampa.