SENATE BILL 588

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Dede Feldman

AN ACT

RELATING TO HEALTH CARE; ESTABLISHING A PHARMACY AND THERAPEUTICS COMMITTEE; ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. [NEW MATERIAL] PHARMACY AND THERAPEUTICS COMMITTEE--MEMBERSHIP.--

          A. The "pharmacy and therapeutics committee" is created. The department of health shall provide administrative services to the committee. The committee shall be composed of eleven members experienced in evidence-based medicine as follows:

                (1) four physicians, as follows:

                     (a) the dean of the university of New Mexico school of medicine or a designee from that faculty;

                     (b) the chief medical officer of the department of health or a designee from that staff;

                     (c) one physician selected by the New Mexico medical board, who is not employed by or contracted with a New Mexico medicaid provider in any administrative capacity; and

                     (d) one physician who is a member of a statewide association of psychiatric practitioners, who is not employed by or contracted with a New Mexico medicaid provider in any administrative capacity;

                (2) five pharmacists, as follows:

                     (a) the dean of the university of New Mexico school of pharmacy or a designee from that faculty;

                     (b) the chief pharmacist of the department of health or a designee from that staff;

                     (c) the chief pharmacist from the human services department or a designee from that staff;

                     (d) a pharmacist selected by the board of pharmacy who is not employed by or contracted with a New Mexico medicaid provider in any administrative capacity; and

                     (e) a pharmacist who is a member of a statewide association of pharmacists who is not employed by or contracted with a New Mexico medicaid provider in any administrative capacity; and

                (3) two practitioners licensed to prescribe drugs, neither of whom is employed by or contracted with in any administrative capacity by a New Mexico medicaid provider, as follows:

                     (a) one advanced practice nurse selected by the board of nursing; and

                     (b) one non-physician, non-pharmacist health care practitioner with prescriptive authority.

          B. Of the eleven members of the pharmacy and therapeutics committee, two physicians, two pharmacists and one licensed practitioner, appointed pursuant to Paragraph (3) of Subsection A of this section, shall be appointed for one-year terms. One physician and two pharmacists shall be appointed to two-year terms. The remaining members' appointments shall be made for three-year terms.

          C. Members designated in Subparagraphs (c) and (d) of Paragraph (1), Subparagraphs (d) and (e) of Paragraph (2) and Paragraph (3) of Subsection A of this section shall be appointed by and serve at the pleasure of the secretary of health.

          D. Members of the pharmacy and therapeutics committee may receive per diem and mileage as provided in the Per Diem and Mileage Act.

     Section 2. [NEW MATERIAL] DUTIES.--

          A. The pharmacy and therapeutics committee shall:

                (1) conduct drug utilization review on a prospective, concurrent and retrospective basis, including trend analysis;

                (2) conduct pharmacoeconomic research and analysis of the clinical safety, efficacy and effectiveness of drugs within a therapeutic class of drugs;

                (3) consult with specialists in appropriate fields of medicine for each therapeutic class of drugs;

                (4) recommend continuing education activities and develop communication protocols to disseminate research findings to health care professionals and the public; and

                (5) conduct other activities as needed to ensure optimal therapeutic and cost-effective utilization of prescription and non-prescription drugs by consumers.

          B. The pharmacy and therapeutics committee shall make recommendations to affected state agencies on the development of the preferred drug list required by Section 27-2-12.13 NMSA 1978, including:

                (1) recommend therapeutic classes of drugs, including specific drugs within each class to be included in the preferred drug list;

                (2) identify appropriate exclusions from the preferred drug list;

                (3) conduct clinical reviews of preferred and non-preferred drugs as needed to maintain the preferred drug list;

                (4) conduct clinical reviews for new drugs; and

                (5) provide advice to the human services department regarding all aspects of the preferred drug list program, including the proper utilization, quality, therapy, medical appropriateness and costs of prescribed medication.

          C. The pharmacy and therapeutics committee may contract with a national center for evidence-based medical science to accomplish the duties identified in Paragraph (2) of Subsection A and Paragraph (3) of Subsection B of this section, provided that the contractor discloses any conflict of interest.

          D. Notwithstanding the provisions of Section 10-15-3 NMSA 1978, activities of the pharmacy and therapeutics committee may be exempted if and only when proprietary or nonpublished data are to be used in the evaluation of drugs.

     Section 3. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] PREFERRED DRUG LIST--EFFICIENCY OF EFFORT.--

          A. The preferred drug list required to be created for the medicaid program pursuant to Paragraph (1) of Subsection A of Section 27-2-12.13 NMSA 1978 and required to be utilized for all state health care programs purchasing prescription drugs pursuant to Paragraph (2) of Subsection A of that section shall utilize the findings of the pharmacy and therapeutics committee in making its determinations for use by the medicaid program and all other state prescription drug programs.

          B. The department, in creating a preferred drug list, shall not adopt as the preferred drug list or a part of the preferred drug list a list of drugs proposed or offered by a person that, directly or indirectly contracts with the department to provide services under the medicaid program."

     Section 4. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from the general fund to the department of health for expenditure in fiscal year 2006 to provide administrative services and per diem and mileage for the pharmacy and therapeutics committee. Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert to the general fund.

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