Revision: March 14, 2018, 5:13 p.m.
SB 581-FN - AS AMENDED BY THE SENATE
03/14/2018 0976s
2018 SESSION
18-2755
01/03
SENATE BILL 581-FN
AN ACT relative to compounding of drugs.
SPONSORS: Sen. Sanborn, Dist 9
COMMITTEE: Health and Human Services
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AMENDED ANALYSIS
This bill amends the definition of compounding for the purposes of the law regulating pharmacists and pharmacies.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/14/2018 0976s 18-2755
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to compounding of drugs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Pharmacists and Pharmacies; Definitions. Amend RSA 318:1, III-a to read as follows:
III-a. "Compounding'' means the preparation, mixing, assembling, packaging or labeling of a drug or device as a result of a practitioner's prescription drug order or initiative based on the pharmacist-patient-prescriber relationship in the course of professional practice or, for the purpose of, or as an incident, to research, teaching, or chemical analysis, but not selling or dispensing. "Compounding'' also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. "Compounding'' shall not include the reconstitution of powdered formulations before dispensing or the addition of flavoring. "Compounding" shall not include the simple addition of flavoring, nor shall it include the preparation of a single dose of a non-hazardous commercially available drug or licensed biologic for immediate administration to an individual patient when done in accordance with the manufacturer's approved labeling or instructions consistent with that labeling.
2 Effective Date. This act shall take effect upon its passage.
18-2755
1/16/18
SB 581-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to pharmacy benefit managers under the managed care law.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Federal matching Medicaid Funds | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill prohibits a health carrier or pharmacy benefit manager from requiring accreditation, credentialing, or licensing of a provider by a nongovernmental body, or from preventing a provider from dispensing a new drug product for which the provider meets dispensing guidelines, or from otherwise discriminating against a provider. The Insurance Department is unable to predict what impact, if any, the bill will have on health insurance premiums, and so the impact on insurance premium tax revenue is indeterminable. The Department of Health and Human Services states that although it is not directly subject to the bill, it is possible its provisions could affect the price and cost of prescription medications for Medicaid enrollees. The Department is unable to determine the extent, if any, of these impacts.
This bill contains penalties that may have an impact on the New Hampshire judicial system. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch has provided the potential costs associated with these penalties below.
| FY 2019 | FY 2020 |
Complex Civil Case | $737 | $745 |
Complex Equity Case | $740 | $746 |
Appeals | Varies | Varies |
AGENCIES CONTACTED:
Department of Health and Human Services, Insurance Department, and Judicial Branch