Bill Text - HB633 (2011)

Preventing prescribing practitioners from owning pharmacies in-state and out-of-state.


Revision: Jan. 28, 2011, midnight

HB 633 – AS INTRODUCED

2011 SESSION

11-0815

08/05

HOUSE BILL 633

AN ACT preventing prescribing practitioners from owning pharmacies in-state and out-of-state.

SPONSORS: Rep. Case, Rock 1; Rep. Bulis, Graf 1

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill prevents prescribing practitioners from owning pharmacies in-state and out-of-state.

This bill is a request of the board of pharmacy.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0815

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT preventing prescribing practitioners from owning pharmacies in-state and out-of-state.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Ownership or Control of Ownership Interest Prohibited. Amend RSA 318:37 by inserting after paragraph II the following new paragraph:

III. No individual licensed to prescribe medicine shall own or control an ownership interest of a pharmacy, or a mail order pharmacy, or a corporation, professional association, or partnership consisting of such prescriber or prescriber’s immediate family members, except such corporations as are expressly exempt from income taxation under section 501(c)(3) of the United States Internal Revenue Code. This shall not include ownership of investment securities purchased by the practitioner on terms available to the general public and which are publicly traded. This paragraph shall not apply to the ownership or control of an ownership interest of an institutional pharmacy operated within the state by or for hospitals, as defined in RSA 151-C:2, XX, licensed by the state pursuant to RSA 151.

2 Repeal. RSA 318:29, V(i) relative to ownership or control of an ownership interest within the state, is repealed.

3 Effective Date. This act shall take effect 60 days after its passage.

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