Section 121275 Of Chapter 13. Acquired Immune Deficiency Syndrome (aids) Immunization From California Health And Safety Code >> Division 105. >> Part 4. >> Chapter 13.
121275
. (a) Because the development of a vaccine now costs
somewhere between twenty million dollars ($20,000,000) and forty
million dollars ($40,000,000), and because the last vaccine produced
and marketed did not sell well, vaccine manufacturers are hesitant to
proceed to invest their resources in a risky venture. It is,
therefore, in the public health interest of California to assure that
manufacturers proceed to develop this vaccine and protect
Californians against this dread disease and protect the State of
California against the enormous fiscal costs of treatment for persons
getting AIDS. It is a sound and worthwhile investment to provide a
guarantee of a market to lessen the risk of loss and assure the
development of an AIDS vaccine.
It is anticipated that this AIDS vaccine will consist of a
three-unit series. The State of California is willing to guarantee
that at least 175,000 persons will be vaccinated, and to guarantee
the purchase, within three years after the FDA or the department
pursuant to Part 5 (commencing with Section 109875) of Division 104
approves marketing of an AIDS vaccine, of at least 500,000 units, at
a cost of no more than twenty dollars ($20) per dosage, by all
companies, anywhere in the United States.
Therefore, the State of California, by moneys to be appropriated
later through the Budget Act, commits itself to purchasing, at the
end of three years after the FDA or the department pursuant to Part 5
(commencing with Section 109875) of Division 104 has approved the
marketing on a competitive basis, at not more than twenty dollars
($20) per dosage, the difference between 500,000 units and the actual
amount sold, delivered, administered, or dispensed by all companies
throughout the United States, including units sold to or reimbursed
by Medi-Cal, Medicare, or other public programs, providing that fewer
than 500,000 units are sold, delivered, administered, or dispensed.
(b) The AIDS Vaccine Guaranteed Purchase Fund is hereby
established and shall be administered by the department, which may
develop necessary regulations to carry out the purpose of this
section.
(c) The department may carry out this section, when those funds
are appropriated through the State Budget. In determining which
vaccine shall be purchased by the state from among those
manufacturers selling or distributing in California, an AIDS vaccine
approved by the FDA or the department pursuant to Part 5 (commencing
with Section 109875) of Division 104, the department shall take into
consideration at least all of the following factors:
(1) The length of time each AIDS vaccine has been in the
marketplace in California.
(2) Each AIDS vaccine's history of efficacy since approval by the
FDA or the department.
(3) Each AIDS vaccine's history of side effects experienced by
previous recipients of the vaccine.
(4) The relative cost of each competing manufacturer's AIDS
vaccine.