Text to be removed highlighted in red.
1 New Paragraph; Pharmacists and Pharmacies; Pharmacy Board; Rulemaking Authority. Amend RSA 318:5-a by inserting after paragraph XX the following new paragraph:
XXI. Procedures for verifying compliance, consumer complaints, and enforcement actions brought pursuant to RSA 318:47-n through RSA 318:47-q.
2 New Subdivision; Prescription Drug Prices. Amend RSA 318 by inserting after section 47-m the following new subdivision:
Prescription Drug Prices
318:47-n Definitions. In this section:
I. "Pharmacy retail price" means the cash price a consumer without prescription drug coverage or other discounts would pay at a pharmacy, excluding any pharmacist dispensing fee.
II. "Cost-sharing amount" means the amount owed by a covered individual under the terms of a health insurance policy or as required by a pharmacy benefit manager.
III. "Discounted price" means any publicly available or pharmacy-affiliated discount, coupon, or savings program price available to a consumer at the time of sale.
IV. "Lowest available price" means the lowest of the following prices for a prescription medication as determined at the time of sale:
(a) The pharmacy retail price;
(b) The consumer's cost-sharing amount under insurance or a pharmacy benefit manager arrangement; or
(c) Any discounted price available through the pharmacy or a recognized discount program.
318:47-o Duty to Charge Lowest Available Price.
I. A pharmacist or pharmacy employee shall, at the point of sale, determine the lowest available price for the prescription medication being dispensed and shall charge the consumer that lowest available price.
II. The pharmacist or pharmacy employee shall inform the consumer of the lowest available price before completing the transaction.
III. No insurer, pharmacy benefit manager, or third-party payer shall restrict, prohibit, or penalize a pharmacist for disclosing or charging the lowest available price to a consumer.
IV. If a consumer elects to use insurance, despite a lower cash or discount price, the pharmacy shall document the consumer's election at the point of sale.
318:47-p Enforcement and Penalties.
I. A violation of this subdivision shall constitute unprofessional conduct under RSA 318 and shall subject the licensee to disciplinary action by the board of pharmacy.
II. The board may impose a civil administrative penalty not to exceed $1,000 for each violation.
III. Consumers shall not be liable for any amount exceeding the lowest available price at the time of sale.
318:47-q Rulemaking. The board of pharmacy shall adopt rules under RSA 541-A as necessary to implement the provisions of this subdivision, including procedures for verifying compliance, consumer complaints, and enforcement actions.
3 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Paragraph; Pharmacists and Pharmacies; Pharmacy Board; Rulemaking Authority. Amend RSA 318:5-a by inserting after paragraph XX the following new paragraph:
XXI. Procedures for verifying compliance, consumer complaints, and enforcement actions brought pursuant to RSA 318:47-n through RSA 318:47-q.
2 New Subdivision; Prescription Drug Prices. Amend RSA 318 by inserting after section 47-m the following new subdivision:
Prescription Drug Prices
318:47-n Definitions. In this section:
I. "Pharmacy retail price" means the cash price a consumer without prescription drug coverage or other discounts would pay at a pharmacy, excluding any pharmacist dispensing fee.
II. "Cost-sharing amount" means the amount owed by a covered individual under the terms of a health insurance policy or as required by a pharmacy benefit manager.
III. "Discounted price" means any publicly available or pharmacy-affiliated discount, coupon, or savings program price available to a consumer at the time of sale.
IV. "Lowest available price" means the lowest of the following prices for a prescription medication as determined at the time of sale:
(a) The pharmacy retail price;
(b) The consumer's cost-sharing amount under insurance or a pharmacy benefit manager arrangement; or
(c) Any discounted price available through the pharmacy or a recognized discount program.
318:47-o Duty to Charge Lowest Available Price.
I. A pharmacist or pharmacy employee shall, at the point of sale, determine the lowest available price for the prescription medication being dispensed and shall charge the consumer that lowest available price.
II. The pharmacist or pharmacy employee shall inform the consumer of the lowest available price before completing the transaction.
III. No insurer, pharmacy benefit manager, or third-party payer shall restrict, prohibit, or penalize a pharmacist for disclosing or charging the lowest available price to a consumer.
IV. If a consumer elects to use insurance, despite a lower cash or discount price, the pharmacy shall document the consumer's election at the point of sale.
318:47-p Enforcement and Penalties.
I. A violation of this subdivision shall constitute unprofessional conduct under RSA 318 and shall subject the licensee to disciplinary action by the board of pharmacy.
II. The board may impose a civil administrative penalty not to exceed $1,000 for each violation.
III. Consumers shall not be liable for any amount exceeding the lowest available price at the time of sale.
318:47-q Rulemaking. The board of pharmacy shall adopt rules under RSA 541-A as necessary to implement the provisions of this subdivision, including procedures for verifying compliance, consumer complaints, and enforcement actions.
3 Effective Date. This act shall take effect January 1, 2027.