H.B. 350

1

CONSUMER ACCESS TO PRESCRIPTION
2 DRUG PRICING DATA
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David Ure
6
7 LONG TITLE
8 General Description:
9 This bill amends the Pharmacy Practice Act, requiring any pharmacy who receives
10 reimbursement from Medicaid or the Utah Medical Assistance Program to provide a list
11 of prescription drug prices for consumer review at the dispensing location and requires
12 the pharmacy to update the price list. It designates noncompliance to be unprofessional
13 conduct and grounds for revocation of licensure and makes technical changes.
14 Highlighted Provisions:
15 This bill:
16 . requires certain pharmacies to provide data on prescription drug prices;
17 . requires the price list to be kept current on a quarterly and monthly basis;
18 . requires ready access by the recipient, patient, or consumer to the price list at the
19 dispensing location;
20 . designates noncompliance to be unprofessional conduct; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides a coordination clause.
26 Utah Code Sections Affected:
27 AMENDS:

28 58-17a-502, as last amended by Chapter 184, Laws of Utah 2002
29 ENACTS:
30 58-17a-621, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 58-17a-502 is amended to read:
34 58-17a-502. Unprofessional conduct.
35 "Unprofessional conduct" includes:
36 (1) willfully deceiving or attempting to deceive the division, the board, or their agents
37 as to any relevant matter regarding compliance under this chapter;
38 (2) (a) paying rebates to practitioners or any other health care providers, or entering
39 into any agreement with a medical practitioner or any other person for the payment or
40 acceptance of compensation or its economic equivalent for recommending of the professional
41 services of either party, except as allowed under Subsection (2)(b); and
42 (b) price discounts conditional upon volume purchases are not prohibited under
43 Subsection (2)(a);
44 (3) misbranding or adulteration of any drug or device or the sale, distribution, or
45 dispensing of any misbranded or adulterated drug or device;
46 (4) engaging in the sale or purchase of drugs or devices that are samples or packages
47 bearing the inscription "sample" or "not for resale" or similar words or phrases;
48 (5) accepting back and redistributing of any unused drug, or a part of it, after it has left
49 the premises of any pharmacy, unless the drug is in the original sealed unit dose package or
50 manufacturer's sealed container;
51 (6) being employed as a pharmacist, pharmacy intern, or pharmacy technician, or
52 sharing or receiving compensation in any form arising out of an act incidental to professional
53 activities in the course of which any person requires him to engage in any aspects of the
54 practice of pharmacy in violation of this chapter;
55 (7) violation of Federal Title II, P.L. 91, Controlled Substances Act, or Title 58,
56 Chapter 37, Utah Controlled Substances Act, or rules and regulations adopted under either of
57 them;
58 (8) requiring or permitting pharmacy interns or technicians to engage in activities

59 outside the scope of practice for their respective license classifications as defined in this
60 chapter and division rules made in collaboration with the board, or beyond an individual's
61 scope of training and ability;
62 (9) administering without:
63 (a) appropriate training as defined by rule;
64 (b) written guidelines or protocols of a practitioner or in conflict with such guidelines
65 or protocols; or
66 (c) a lawful order, when one is required by law; [and]
67 (10) disclosing confidential patient information in violation of the provisions of the
68 Health Insurance Portability and Accountability Act of 1996 or other applicable law[.]; and
69 (11) failing to provide a prescription drug price list for prescription drugs as required in
70 Section 58-17a-621 .
71 Section 2. Section 58-17a-621 is enacted to read:
72 58-17a-621. Prescription drug price list.
73 (1) Any pharmacy in the state that receives reimbursement for its pharmaceutical
74 services from Medicaid or the Utah Medical Assistance Program established in Section
75 26-18-10 shall provide an accurate and current list of prescription drug prices at the dispensing
76 location to any recipient, pharmacy patient, or consumer.
77 (2) The prescription drug price list shall be readily available to the recipient, pharmacy
78 patient, or consumer upon request and maintained in a looseleaf binder.
79 (3) The pharmacy shall provide accurate data in the price list on:
80 (a) a quarterly basis for the 150 most frequently dispensed prescription drugs; and
81 (b) a monthly basis for the 25 most frequently dispensed prescription drugs.
82 (4) This section does not apply to an inpatient pharmacy located in a hospital or
83 long-term care facility licensed under Title 26, Chapter 21, Health Care Facility Licensing and
84 Inspection Act, when the prescription drug is dispensed to any inpatient of that facility.
85 Section 3. Coordinating H.B. 350 with S.B. 114.
86 If this H.B. 350 and S.B.114, Amendments to Prescribing, Preparation, and Dispensing
87 of Prescription Drugs, both pass, it is the intent of the Legislature that the Office of Legislative
88 Research and General Counsel, in preparing the Utah Code database for publication, shall:
89 (1) insert the following language as Subsection 58-17b-502 (15):

90 "(15) failing to provide a prescription drug price list for prescription drugs as required
91 by Section 58-17b-622 .";
92 (2) delete the "and" after Subsection 58-17b-502 (13) and insert "and" after Subsection
93 58-17b-502 (14); and
94 (3) renumber Section 58-17a-621 in H.B. 350 to Section 58-17b-622 .




Legislative Review Note
as of 2-10-04 2:23 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel