Preserving Access to Orphan Drugs Act of 2013

“(3) Exclusion of orphan drug sales

“(A) In general—The term branded prescription drug sales shall not include sales of any drug or biological product—

“(i) with respect to which a credit was allowed for any taxable year under section 45C of the Internal Revenue Code of 1986; or

“(ii) which is approved or licensed by the Food and Drug Administration for marketing solely for one or more rare diseases or conditions.

“(B) Limitation—Subparagraph (A) shall not apply with respect to any drug or biological product after the date on which the drug or biological product is approved or licensed by the Food and Drug Administration for marketing for any indication other than the treatment of a rare disease or condition.

“(C) Rare disease or condition—In this paragraph, the term rare disease or condition has the meaning given such term under section 45C(d)(1) of the Internal Revenue Code of 1986, except that in the case of any drug or biological product that has not been designated under section 526 of the Federal Food, Drug, and Cosmetic Act for a particular indication, determinations under such section 45C(d)(1) shall be made on the basis of the facts and circumstances as of the date such drug or biological product is approved or licensed by the Food and Drug Administration for marketing for the treatment of such disease or condition.”