SENATE BILL 378

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Dede Feldman

AN ACT

RELATING TO PHARMACY; ENACTING THE DRUG PRICING DISCLOSURE ACT; REQUIRING PHARMACISTS TO PROVIDE PRICES TO CONSUMERS UPON REQUEST.

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

     Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 3 of this act may be cited as the "Drug Pricing Disclosure Act".

     Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the Drug Pricing Disclosure Act is to encourage and facilitate consumers' personal responsibility in making health care choices by giving them access to prescription drug pricing.

     Section 3. [NEW MATERIAL] RESPONSE TO PRICE INQUIRIES.--Upon request, regardless of whether in person, in writing or by telephone, a pharmacist or pharmacy licensed in the state shall provide the current retail selling price of a drug dispensed by the licensee to consumers with no health insurance prescription drug benefit. If the request is for a brand-name drug and a generic drug, multiple-source drug or drug with therapeutic equivalence is available for the brand-name drug at that place of business, the price of the generic drug, multiple-source drug or drug with therapeutic equivalence shall also be provided.

     Section 4. Section 61-11-6 NMSA 1978 (being Laws 1969, Chapter 29, Section 5, as amended) is amended to read:

     "61-11-6. POWERS AND DUTIES OF BOARD.--

          A. The board shall:

                (1) adopt, amend or repeal rules [and regulations] necessary to carry out the provisions of the Pharmacy Act in accordance with the provisions of the Uniform Licensing Act;

                (2) provide for examinations of applicants for licensure as pharmacists;

                (3) provide for the issuance and renewal of licenses for pharmacists;

                (4) require and establish criteria for continuing education as a condition of renewal of licensure for pharmacists;

                (5) provide for the issuance and renewal of licenses for pharmacist interns and for their training, supervision and discipline;

                (6) provide for the licensing of retail pharmacies, nonresident pharmacies, wholesale drug distributors, drug manufacturers, hospital pharmacies, nursing home drug facilities, industrial and public health clinics and all places where dangerous drugs are stored, distributed, dispensed or administered and provide for the inspection of the facilities and activities;

                (7) enforce the provisions of all laws of the state pertaining to the practice of pharmacy and the manufacture, production, sale or distribution of drugs or cosmetics and their standards of strength and purity;

                (8) conduct hearings upon charges relating to the discipline of a registrant or licensee or the denial, suspension or revocation of a registration or a license in accordance with the Uniform Licensing Act;

                (9) cause the prosecution of any person violating the Pharmacy Act, the New Mexico Drug, Device and Cosmetic Act or the Controlled Substances Act;

                (10) keep a record of all proceedings of the board;

                (11) make an annual report to the governor;

                (12) appoint and employ, in the board's discretion, a qualified person who is not a member of the board to serve as executive director and define [his] the executive director's duties and responsibilities; except that the power to deny, revoke or suspend any license or registration authorized by the Pharmacy Act shall not be delegated by the board;

                (13) appoint and employ inspectors necessary to enforce the provisions of all acts under the administration of the board, which inspectors shall be pharmacists and have all the powers and duties of peace officers;

                (14) provide for other qualified employees necessary to carry out the provisions of the Pharmacy Act;

                (15) have the authority to employ a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings and to aid in the enforcement of the laws in relation to the pharmacy profession and to fix the compensation to be paid to the attorney; provided, however, that the attorney shall be compensated from the money of the board, including that provided for in Section 61-11-19 NMSA 1978;

                (16) register and regulate qualifications, training and permissible activities of pharmacy technicians;

                (17) provide a registry of all persons licensed as pharmacists or pharmacist interns in the state;

                (18) adopt rules [and regulations] that prescribe the activities and duties of pharmacy owners and pharmacists in the provision of pharmaceutical care, drug regimen review and patient counseling in each practice setting; [and]

                (19) adopt, after approval by the New Mexico medical board [of medical examiners] and the board of nursing, rules and protocols for the prescribing of dangerous drug therapy, including vaccines and immunizations, and the appropriate notification of the primary or appropriate physician of the person receiving the dangerous drug therapy; and

                (20) adopt rules ensuring that pharmacists and pharmacies comply with the requirements of the Drug Pricing Disclosure Act mandating provision of price information to consumers upon request.

          B. The board may:

                (1) delegate its authority to the executive director to issue temporary licenses as provided in Section

61-11-14 NMSA 1978; and

                (2) provide by [regulation] rule for the electronic transmission of prescriptions."

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