NY S03081

Defines "drug subject to a shortage" as any drug or medical product listed on the U.S. Food and Drug Administration website as experiencing a shortage, for the duration of that listing.

Prohibits manufacturers, suppliers, wholesalers, distributors, and retail sellers from selling drugs subject to shortages at unconscionably excessive prices.

Establishes that courts determine violations based on either an unconscionably extreme price excess, unfair leverage or unconscionable means, or a combination of both.

Allows defendants to rebut price gouging allegations by proving they maintained pre-shortage profit margins or that uncontrollable cost increases justified the price increase.

Authorizes the attorney general to seek court injunctions and impose civil penalties up to $25,000 per violation or three times gross receipts from the drug, whichever is greater, plus restitution to affected parties.