AN ACT
RELATING TO PRESCRIPTION DRUGS; REQUIRING
REPORTING OF CERTAIN INFORMATION BY PRESCRIPTION DRUG MANUFACTURERS; PROVIDING
LIMITATIONS AND EXCEPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. AVERAGE MANUFACTURER PRICE--FILING--REPORTING.--
A. A person who manufactures a prescription
drug, including a generic prescription drug, that is sold in New Mexico shall
file with the human services department:
(1) the average manufacturer price for the drug;
(2) the price that each wholesaler or pharmacy
benefit manager doing business in this state pays the manufacturer to purchase
the drug; and
(3) the price paid to the manufacturer by any
entity in an arrangement or contract that sells or provides prescription drugs
in New Mexico without the services of a wholesaler.
B. The information required under Subsection A
of this section shall be filed annually or more frequently, as determined by
the human services department. The
information required under Subsection A of this section is confidential and
shall not be disclosed pursuant to Section 3 of this act and shall not be
subject to public inspection pursuant to the provisions of Section 14-2-1 NMSA
1978.
C. A person who engages in the wholesale
distribution of prescription drugs in New Mexico shall file with the human
services department information showing the actual price at which the
wholesaler or distributor sells a particular drug to a pharmacy.
D. As used in this section, "average
manufacturer price" means the average price paid to the manufacturer for
the drug in New Mexico, including rebates, discounts and market incentives,
after deducting customary prompt-pay discounts.
Section 2. UNLAWFUL DISCLOSURE--PENALTIES.--
A. It is unlawful for an employee, former
employee, contractor or former contractor of the human services department to
reveal to another person, except to another employee or contractor of the
department as required by the employee's or contractor's duties or
responsibilities or by state or federal court order, information acquired
pursuant to Section 1 of this act or any other information about a prescription
drug manufacturer acquired as a result of his employment or contract by the
department and not available from public sources.
B. An employee, former employee, contractor or
former contractor of the human services department who reveals to another
person information that he is prohibited from lawfully revealing is guilty of a
misdemeanor and shall, upon conviction thereof, be fined not more than one
thousand dollars ($1,000) or imprisoned not more than one year, or both,
together with costs of prosecution, and shall not be employed by the state for
a period of five years after the date of the conviction.
Section 3. ENFORCEMENT.--The office of the attorney
general may take action to investigate and enforce the requirements of Sections
1 and 2 of this act.
Section 4. SEVERABILITY.--If any part or application of
this act is held invalid, the remainder or its application to other situations
or persons shall not be affected.
Section 5. EFFECTIVE DATE.--The effective date of the
provisions of Section 2 of this act is January 1, 2004.
HB 666
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