Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L    I M P A C T    R E P O R T

 

 

 

SPONSOR

Feldman

DATE TYPED

02/09/04

HB

 

 

SHORT TITLE

Drug Pricing Disclosure Act

SB

378

 

 

ANALYST

Wilson

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

See Narrative

 

 

 

 

 

 

 

 

 

Duplicates HB 551

 

SOURCES OF INFORMATION

LFC Files

 

Responses Received From

Board of Pharmacy (PB)

 

SUMMARY

 

Synopsis of Bill

 

Senate Bill 378 creates the Drug Pricing Disclosure Act and requires pharmacies to disclose retail prices of prescription drugs, upon written or telephoned request or when requested in person.

 

Significant Issues

 

The Board of Pharmacy provided the following:

 

Not all pharmacies provide the same level of service as others. The price to the consumer is being compared solely on the medication.

 

It is entirely possible that consumers will read a prescription incorrectly to the pharmacist, pharmacy technician, or pharmacy intern and get quoted a price that may be totally wrong once the consumer presents the actual prescription at the pharmacy.

 

Currently, many pharmacies will provide pricing information pursuant to requests in person, by telephone, and in writing.  Pharmacies that do not provide this information, unless a request is made in person, do so to prevent misquotes.

 

Pharmacies may feel that they are being singled out of the health care profession since the requirement to provide prices is not mandated for all health care providers

 

FISCAL IMPLICATIONS

 

The Board of Pharmacy will have to implement rules to enforce this statute and be placed in a position to mediate disputes over price quotes, and can accomplish this with existing resources.

 

ADMINISTRATIVE IMPLICATIONS

 

The Board of Pharmacy will be requires to develop rules to guide inspectors in the enforcement of the provisions of this bill. The Board believes they are likely to receive a substantial number of complaints from consumers regarding pricing.  This is an area in which the Board has never been involved.

 

POSSIBLE QUESTIONS

 

There are several practitioners and clinics in the state that sell prescription medications to their patients.  Will this statute apply to them as well?

 

DW/njw:dm