2008 Prescription Drug State Legislation

Updated March, 2009 - Final Annual Edition

Introduction | 50-State Map | Rx Summary - Table 1 | Rx Bills by State - Table 2 | Rx Resources

The total U.S. spending on pharmaceuticals are projected to top $247 billion in 2008, while more than 120 million Americans take one or more prescription medications regularly in a year. These facts help explain why, in 2008, prescription drug policies continue to attract widespread attention and action in state capitols. ^[1]

About 60 substantive laws and resolutions have been signed (as of 12/19/08) out of the more than 550 pharmaceutical bills and resolutions considered in at least 41 states plus DC; 100+ have been newly filed for 2008 legislative sessions while the rest are carried over from last year. First-time new measures usually are noted with a " New item " icon. NCSL's separate 2007 Prescription Drug State Legislation online report contains all bills filed for 2007, including 105 bills and resolutions that became law or were signed in 41 states, districts and territories.

Proposed policies cover a wide range of state-sponsored approaches, from creation of subsidies or discount programs, to promoting safer pharmaceuticals and regulating the management, marketing and distribution of prescription products.

The following are examples of widespread or "hot" topics in 2007-08:

Expanding Access: Discount and Subsidy Programs -- A majority of states have established subsidy or discount programs to reduce prescription drug costs and provide direct relief to qualified low-income residents. In 2006-07, many states retooled their discount and subsidy programs to include Medicare Part D provisions; in 2008 proposed expansions and/or changes again are on the table in 15+ states.

Rx Pill bottle

Marketing and Advertising -- A few states already require pharmaceutical manufacturers to disclose marketing expenses, including gifts to drug prescribers. During 2008, at least 20 states propose legislation requiring marketing disclosures by drug manufacturers, regulating direct-to-consumer advertising of prescription drugs by pharmaceutical companies or prohibiting prescription information from being sold for commercial purposes. The District of Columbia passed such a bill in January '08.

Privacy and "Data Mining" - In 2006 New Hampshire became the first state to prohibit the sale or redistribution of prescription sales record information that identified patients or prescribers. In 2008, at least 12 states have similar proposals, using examples from 2007 laws signed in Maine and Vermont; Vermont modified their law in March 2008.

Medicare Part D Wrap Around Benefits and Services -- Although federal Medicare pharmaceutical plans appear more stable this year, a dozen states are considering bills and resolutions intended to modify or adjust state pharmaceutical assistance efforts, in response to the federal Medicare Prescription Drug benefit launched in January 2006. Most bills reference the Medicare Modernization Act or "MMA." Pharmacy Benefit Managers (PBMs) -- At least 13 states are proposing legislation to regulate Pharmacy Benefit Management companies -- the middlemen who negotiate directly with manufacturers. The bills seek to assure financial reliability, regulate the licensing of pharmacy benefit managers and/or mandate full disclosure of drug costs and financial contracts. Maryland passed a package of bills described in-state as the "most comprehensive in the nation." Maryland enacted comprehensive laws in April '08, Mississippi and Louisiana also crated PBM laws.

Prescription Drug Reuse/Recycling -- Allowing or encouraging donation of unused pharmaceutical drugs is a popular idea - nine states passed such laws in 2006. For 2008 interest continues in 10 states, with some of the focus on cancer drug repository programs that allow an individual, health care facility or drug manufacturer to donate cancer drugs or supplies needed to administer cancer drugs for use by those who meet eligibility criteria.

Electronic Monitoring and Internet Prescribing -- This is a relatively recent trend which gained momentum during the past three years. Proposed laws would allow for the development and regulation of electronic transmission of prescription drug orders, as well as establishing Internet prescribing practices to provide increased protection for consumers purchasing prescription drugs over the Internet. Additionally, several more states seek to establish electronic prescription drug databases to monitor the misuse, abuse and diversion of prescription drugs and controlled substances. In August Alaska became the final state to change laws and regulations to allow for e-prescribing.

Comprehensive Health Reforms -- At least six states in 2008 are proposing "comprehensive" health expansions that include pharmaceutical policies as a visible component. Some measures have been approved by Task Forces or Commissions but not yet seen action in legislatures; see "Reform" summary below.

Other Topics of Interest -- Several states propose legislation to create bulk prescription drug purchasing or multi-state purchasing programs; others are considering bills to create prescription drug importation or re-importation programs. Bills providing for income tax deductions, incentives or credits for pharmaceuticals or prescription drug-related programs were proposed in some states. Cost containment also continues as a focus in some states, using measures to establish or modify preferred drug lists and seek manufacturer rebates or discounts. Other ideas, such as regulation of mail order prescription drug sales, oversight of pharmaceutical wholesalers, local pharmacy audits and publicizing clinical trials also are possible trends during 2008.

Drug Bills in 2008

2008 Laws and Enacted Resolutions: So far this year, 25 states and DC have passed pharmaceutical measures. Arizona will allow expanded public use of antibiotics. California restricted "deceptive marketing" of Medicare products and also expanded wholesale regulation. Colorado expanded a "Medication Therapy Management Program"; the District of Columbia enacted a law to require licensing of pharmaceutical representatives and restrict gifts. Georgia provides that products sold by Georgia biotechnology or pharmaceutical companies be exempt from prior authorization. Hawaii passed a drug importation plan by overriding a governor's veto. Idaho enacted laws on taxing pharmaceuticals and easing regulation of wholsalers. Kansas created a law allowing collection and reuse of individually packaged pharmaceuticals from medical care and mail order facilities. Louisiana established PBM licensing and reporting requirements. Maine authorized expanded use of 340B discounts and higher dispensing fees for Medicaid generics. Maryland passed a package of bills regulating pharmacy benefit managers and creating a clearinghouse. Massachusetts set terms for their SPAP and Medicare Part D wrap-around program; also established restrictions on gifts from manufacturers and an academic detailing program. Minnesota expanded requirements for a drug reuse program and created statewide standards for e-prescribing. Mississippi regulated PBMs' powers to audit pharmacies. Nebraska created a Medicaid "cost-effective" PDL, multi-state bulk purchasing and restricted the use of automated dispensing. New Hampshire enacted a generic substitution provision, a low-cost co-payment policy and a 340B study. New Mexico modified a discount program for high risk populations. New York established a prescriber education "counter-detailing" program. Ohio enacted legislation that would allow a pharmacy school to accept "dangerous drugs" or expired products for instructional purposes only. Pennsylvania enacted a law to "recycle" unused cancer drugs to patients who otherwise do not have access to medications. Tennessee passed a law expanding flexibility of clinics to dispense 340B discounted drugs to patients. Utah passed a law expanding use of 340B discounts through Medicaid. Vermont adjusted the provisions in their earlier law protecting the privacy of prescriber records. Virginia passed a law to establish and publicize a toll-free number to provide a clearinghouse on free and discount Rx programs. West Virginia enacted funding for the Office of Pharmaceutical Advocate.

Resolutions: California urged Congress to require that the federal government negotiate for the lowest available prices for Medicare Part D; Florida passed a non-binding resolution in support of PhRMA research programs. Michigan urged Congress to create stricter safety standards for the FDA. Virginia adopted a resolution regulating financial incentives for product substitutions.

This tracking report was designed to be updated regularly; future editions will include additional bills filed during the session year. The report generally does not include legislation regulating only pharmacists and pharmacies, prescriptive authority, use of individual products or controlled substances nor measures solely affecting existing Medicaid plans. For example, bills affecting only epilepsy treatment substitutions usually are not listed. Topic codes listed for individual bills identify major topics, but may not include all provisions. Topic codes may include measures that would restrict, as well as expand, use of a particular policy.

Go to an individual state:
AL | AK | AZ | AR | CA | CO | CT | DC | DE | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NH | NV | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY |

TABLE 1: 2008 Rx Legislation Topic Summary

Prescription Drug Bill Major Topics	Topic Code	States with 2008 legislation [Subject to additions] (Bold = passed by legislature; underline = law)
Use of federal 340B discount price program	340B	AK, HI, KS, ME, MA, NH, OK, TN, UT, VT
Access to brand name pharmaceutical products	Brand	CO, GA, LA, MA, MI, NH, NJ, NY, PA, TN, VT, VA, WA, WV, WI
Multi-state or inter-agency bulk purchasing	Bulk	HI, IA, ME, MA, MI, NE, NM, NY, OH, WV
Clearinghouse information	CL	CO, HI, IL, MD, MA, NJ, NM, NY, OK, SD, VA, WV
Discount program	D	CO, HI, IL, IA, KS, LA, MA, MI, MN, NE, NH, NM, NJ, NY, OK, PA, TN, WV
Electronically transmitted prescription drug orders; electronic prescribing practices, including electronic monitoring	E	CA, GA, HI, IL, MA, MN, NH, NY, OH, PA, SC, TN, VT, WA
Generic drug use	Generic	CO, GA, LA, MA, MI, NE, NH, NJ, NY, PA, TN, VT, VA, WA, WV
Regulate drug importation or reimportation	Imp	FL, HI, IN, IK, MA, NY, OK, TN
Regulate Internet pharmacies (also see "Electronic" above)	Internet	IL, IA, MA, NH, NY, SC
Regulate forms, labels or packaging on retail Rx, including legibility	Label	CA, CT, GA, HI, IL, MA, MI, NY, OK, SC, TN
Protect Rx manufacturers or providers from lawsuits	Liability	HI, MI, NY
Mail-order pharmaceuticals (also see PBM)	Mail	CO, GA, MA, NH, NY, PA, RI, SC, VT
Marketing & advertising (see www.ncsl.org/programs/health/rxads.htm for more information)	Mkt	AZ, CA, DC, HI, IL, KS, LA, MD, MA, MS, NE, NH, NJ, NY, NC, OK, RI, SC, SD, TN, VT, WA, WI
Medicaid (partial list; see notes)	M	AK, CO, GA, HI, IL, IA, ME, MA, MN, NE, NH, NJ, NY, OK, TN, UT, WV
Medicare Prescription Drug Act (MMA) state changes	MMA	CA, HI, IL, KY, MD, MA, MN, MO, NH, NJ. NY, OK, RI, WV, WI
Regulation of pharmaceutical benefit managers	PBM	DE, GA, IL, IA, KS, LA, MD, MI, MN, MS, NH, NY, SC, VT, WA, WV
Preferred Drug List	PDL	GA, HI, ME, MA, MO, NE, NM, OK, TN, NY, WV
Relates to pricing of pharmaceuticals	Price	AK, CA, CO, GA, HI, IL, IA, LA, ME, MA, MI, MN, MO, NE, NH, NM, NY, RI, SD, VT, VA, WA, WV, WI
Restricting sale or disclosure of Rx sales with patient or prescriber info.	Privacy	AZ, CA, DC, HI, IL, KS, MD, MA, MO, NH, NC, RI, SC, VT, WA
Comprehensive health reform with an Rx component	Reform	CA, CO^, IA, MO, NM, SD^ [* = not yet filed with legislature]
Reuse or recycling of pharmaceuticals	Reuse	AK, CO, IL, KS, MA, MN, NE, NM, NY, OK, PA, SC, WV
State Rx Subsidy program	S	CA, HI, IL, KY, MA, MN, MO, NE, NH, NJ, NM, NY, PA, RI, SD, WV, WI
Safety issues	Safety	AZ, CT, GA, KS, MA, MI, MN, NY, OK, RI
Study or task force on Rx	Study	AK, NY, OK, PA
Income tax deductions, modifications, incentives or credits for pharmaceuticals or prescription drug-related programs	Tax	IL, LA, MD, MA, NY, WA, WI
Disclose or regulate in-state Rx clinical trials	Trials	IL, MA, NY, WA, WI
Regulate Rx wholesalers; preventing counterfeits	Whole	CA, CO, IL, IA, KS, KY, MA, NY, OK, TN, WA
Other Rx policy	-	HI, ME, MI, MN, NH, NY, OH, PA, VT

TABLE 2: 2008 Rx Legislation by State -- Bills detailed in this table are subject to consideration during 2008 state legislative sessions. Six states are are out of session for 2008 (AR, MT, ND, NV, OR, TX). Because bill content and status change frequently, even daily, the bill status listed is simplified. For general schedules, see NCSL 2008 State Legislative Session Calendar

Go to an individual state:
AL | AK | AZ | AR | CA | CO | CT | DE | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NH | NV | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY |

http://www.legislature.state.tn.us/bills/currentga/asp/WebBillInfo/BillCompanionInfo.aspx?BillNumber=hb12
* = 25 states provided for some carryover from 2007 to 2008; NJ & VA provide for carryover of 2008 bills to 2009 under some circumstances;
| (on the status line) = No further action to be taken.
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In this table, legislation that has passed all chambers and parliamentary steps are shaded in yellow. These include measures that have been signed into law by governors, laws passed without signature of a governor, measures pending final action by governors or vetoed by governors, as well as legislative resolutions adopted but not requiring executive branch approval. A bold green highlight such as "signed into law by governor" indicates the final and formal step.

State / Bill # / Sponsor	Description	Topic Code
AZ HB 2562 Rep. Anderson	Would prohibit gifts of greater than $50 in value from drug distributors and manufacturers to medical practitioners, and would require annual reporting of all payments, reimbursements, honorariums, professional samples and compensation. Gifts from medical device manufacturers are exempted as are samples, publications and educational materials. Would specify what medical practitioner information could be disclosed to drug manufacturers. (Filed 1/18/08; held in committee 4/19/08; did not pass by end of 2008 session)	Mkt, Privacy
AZ SB 1078 Sen. Allen	Allows antibiotics or antimicrobials dispensed to a person believed to be at substantial risk because of that person's contact with an individual who has been diagnosed with a communicable disease. Deleted from final bill: Changes the the definition of unprofessional conduct in medicine; related to prescribing, dispensing or furnishing a prescription medication without first conducting a physical examination of the recipient or having had a prior doctor-patient relationship, indirectly regulating internet and mail order sales. (Filed 1/28/08; passed Senate 26y-3n, 2/19/08; passed House 58y-0n, 4/1/08; signed into law by governor* as Chapter 12, 4/4/08) \|*	Safety Internet, Mail
AZ SB 1250 Sen Burton-Cahill	Would require full disclosure of specified prescription marketing costs. (Filed 1/18/08; held in committee 4/19/08; did not pass by end of 2008 session)	Mkt
AK HB 81 Rep. Guttenberg	Would establish the Alaska Prescription Drug Task Force to consider strategies to manage the increasing costs of prescription drugs and to increase access to affordable prescription drugs for all state residents. (Filed 1/5/07; did not pass by end of sessions 5/16/07, 4/13/08; did not pass by end of 2008 session)	Study
AK HB 82 Rep. Guttenberg	Would place requirements on pharmacies related to discount pricing including requiring that any 340B "covered entity may not purchase a covered outpatient drug for a price that is higher than the 340B discounted price; requires the Department of Health and Social Services to conduct a study pertaining to prescription drug discounts and report the results to the legislature. (Filed 1/16/07; did not pass by end of sessions 5/16/07, 4/13/08; did not pass by end of 2008 session)	340B, Price, Study
AK HB 140, SB 87 Rep. Gara	Would impose a beneficiary copayment of 20 percent for prescription drug costs and medical services covered under the Medicaid program for enrollees whose household income is between 250 and 350 percent of the federal poverty; would expand coverage for eligible children and pregnant women. (Filed 1/5/07, 3/14/07; did not pass by end of sessions 5/16/07, 4/13/08; did not pass by end of 2008 session)	M, Price
AK HB 304 Rep. Nelson	Would establish a cancer drug repository for redistribution to recipients of medical assistance within the Department of Health and Social Services; authorizes the Board of Pharmacy to set standards for the cancer drug repository and redistribution program. (Filed 1/15/08; did not pass committee 2/28/08; did not pass at the end of 2008 session)	Reuse
AR	No regular session in 2008
CA AB 851 Assm. Brownley	Would require a pharmacist to include a large print informational insert with any dispensed prescription that poses substantial risk when taken in combination with alcohol or other medications, warning of the risks involved, as specified. (Filed 2/22/07; carried over to '08; passed Assembly and sent to Senate 1/29/08; withdrawn; did not pass Senate 8/30/08; did not pass by end of 2008 session)	Label
CA AB 1276 Assm. Carnett	Would eliminate the labeling requirement pertaining to the condition for which the drug was prescribed. Requires the container to be labeled with the intended purpose of the drug if indicated on prescription if the patient desires. (Filed 2/26/07; did not pass committee, 4/24/07; did not pass Assembly by deadline 1/31/08; did not pass by end of 2008 session)	Label
CA AB 1399 Assm. Richardson	Would require a prescription drug label, upon request of a blind or visually impaired customer, to be readable by an assistive technology device for the blind or visually impaired. (Filed 2/23/07; did not pass Assembly by deadline 1/31/08; did not pass by end of 2008 session)	Label
CA AB 1587 Assm. De La Torre	Would prohibit a provider of health care, a health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient. (Filed; AB 1587 passed Assembly, 70y-6n, 5/27/07; re-sent to Senate committee 1/31/08; did not pass by end of 2008 session)	Mkt, Privacy
CA AB 2535 Assm. Hernandez	Would provide that the Department of Health Care Services shall pay all copayments required by drug plans under the Medicare Program for generic or brand name medications for full-benefit dual eligible beneficiaries under specified conditions. Requires the department to develop a process for the reimbursement of Medi-Cal enrolled pharmacies for the cost of the copayments, unless specified conditions are met. (Filed 2/22/08; did not pass by end of session 8/81/08; did not pass by end of 2008 session)	MMA, S
CA AB 2842 Assm. Berg	Regulates and restricts "deceptive marketing" of Medicare products, defining as an unfair business practice for various parties engaged in the solicitation of health insurance policies to engage in cold lead advertising or multiple services, affecting Part D plans. (Filed; passed Assembly 5/28/08; passed Senate 8/13/08; repassed Assembly 47y-31n, 8/18/08; signed into law by governor as Chapter 744 of the Statutes of 2008)	MMA, Mkt
CA AB X1-1 Speaker Nunez	Comprehensive health reform plan also would make a variety of changes aimed at increasing health care quality and efficiency and reducing costs including requirements on pharmacies for e-prescribing. Requires insurers with drug formulary to make the current formularies available electronically to prescribers and pharmacies, as of 2010. Also requires every licensed prescriber or pharmacy to have the ability to transmit and receive prescriptions by electronic data transmission, effective 2012. Exempts Rx-only coverage plans from new reporting requirements under health reform. (Filed 11/8/07; passed Assembly 12/17/07; did not pass Senate committee 1/24/08; did not pass by end of 2008 session)	E
CA SB 400	Among other things, would require federally qualified health centers to use tamper resistant prescription pads for outpatient prescriptions. (Filed 2/21/07; Senate passed to 3rd Reading; inactive file; did not pass Assembly by deadline 1/31/08; signed into law by governor* as Chapter 134, 07/17/2008)*	Label
CA SB 843 Sen. Calderon	Would allow, under provisions of the Confidentiality of Medical Information Act, a pharmacy to mail specified written communications to a patient, without the patient's authorization provided that such mailing pertain only to the prescribed course of medical treatment, not mention any other pharmaceutical products, and that it include disclosures regarding whether the pharmacy receives direct or indirect remuneration for making that written communication. (Filed 2/23/07; did not pass Assembly by deadline 1/31/08; did not pass by end of 2008 session)	Mkt, Privacy
CA SB 1096 Sen. Calderon	Would allow a pharmacy and third-party health information groups to mail drug-specific written communications to a patient, without the patient's authorization. Would provide that the written communication pertain only to the prescribed course of medical treatment, may not mention any other pharmaceutical products, require that a copy of each notification version be submitted to the federal FDA and include disclosures regarding whether the pharmacy received remuneration for making that written communication. Amended version would allow for a patient opt-out. (Filed 1/15/08; passed Senate 21y-16n, 5/29/08; did not pass Assembly 6/18/08; did not pass at the end of 2008 session)	Mkt, Privacy
CA SB 1270 Sen. Cedillo	Would require the board to establish the Electronic Pedigree Task Force, with a specified membership, and would require the staff of the board to support the needs of the task force. The bill would impose specified duties on the task force, including the duty to submit an annual report regarding task force findings to the board and specified legislative committees. (Filed 2/19/08, passed Senate 24y-12n, 5/22/08; did not pass Assembly 8/7/08; did not pass at end of 2008 session)	Study, Whole
CA AB 2821 Assm. Feuer	Would repeal requirement regarding the establishment of a specific annual dollar limit on gifts, promotional materials, or items, or activities that may be given or provided. It would, instead, prohibit any pharmaceutical company, or agent thereof, from offering or giving a gift, as defined, or combination of gifts that have a total value of more than $250 to a medical or health professional, except as specified. Bill would require each pharmaceutical company to annually file a report with, and pay a prescribed fee to, the State Department of Public Health that identifies all permitted gifts, financial support, payments, honoraria, or other compensation paid to medical or health professionals during the proceeding year. The department would be required to make the information contained in the reports available to the public, as prescribed. The bill would establish the Pharmaceutical Gift Disclosure Fund within the State Treasury, into which the fee would be deposited, the moneys of which would be available upon appropriation by the Legislature, to the department. (Filed 2/22/08; did not pass by end of session 8/31/08; did not pass at end of 2008 session)	Mkt
CA SB 1307 Sen. Ridley-Thomas	Establishes a pedigree system for prescription "dangerous drugs" and would require those products to have a unique identifier or pedigree. (Filed 2/20/08; passed Senate 5/29/08, passed Assembly 46y027n, 8/18/08 , signed into law by governor as Chapter 713 of the Statutes of 2008, 9/30/08)	Whole
CA AJR 31 Assm. Jones	Urges Congress to amend the Medicare Modernization Act of 2003 to require that the federal government negotiate for the lowest available prices for prescription drugs under the Medicare Part D program, eliminate a specified gap in Medicare Part D coverage, and reduce the lifetime penalty for late enrollment in the program. (Filed 7/2/07, adopted by Assembly 8/27/07; adopted by Senate 7/2/08; signed as* Chapter 96 of 2008) \|*	MMA, Price
CO HB08-1032 Rep. Massey	Would require that the Medicaid state plan be amended to increase the dispensing fees paid to pharmacies for the remainder of the 2007-08 fiscal year for generic and non-patented drugs to offset the reduction in the reimbursement rate due to the federal "Deficit Reduction Act of 2005” (claimed as 36% below acquisition cost). Sunsets July 1, 2009. (Filed 1/9/08; passed House 4/24/08; passed Senate 3rd Reading 5/6/08; vetoed by governor, 06/02/08)	M, Price
CO HB08-1062 Rep. Green	Authorizes the expansion of the "Medication Therapy Management" prescription drug information and technical assistance program (created in Sec. 25.5-5-507) to include persons receiving drug benefits from any program administered by the Department of Health Care Policy and Financing. (Filed 1/9/08; passed House 1/17/08; passed Senate 3/13/08; signed into law by governor* 3/31/08)*	CL, D, M
CO SB08-090 Sen. Hagedorn	Would allow a Medicaid recipient to use a mail-order pharmacy for maintenance prescription drugs, but prohibits the pharmacy from charging the recipient more than the medicaid copayment. Authorizes a mail-order pharmacy to bill the medicaid program for the difference between the Medicaid copayment and the third party insurer's copayment or deductible. (Filed 1/17/08; passed Senate 4/15/08; amended; passed House; Senate agreed 5/2/08; signed into law by governor* as Chapter 237, 05/20/08)*	M, Mail
CO SB08-190 Sen. Tochtrop	Would require pharmacists to redistribute certain unused medications. Clarifies that the state board of pharmacy shall adopt rules to require pharmacists to redistribute such medications. (Filed and passed Senate 4/15/08; did not pass House committee 4/28/08; did not pass at end of 2008 session)	Reuse
CO SB08-242 Sen. Boyd	Would include the first authorized distributor of record in the chain of distribution for the purpose of a prescription drug pedigree. (Passed Senate 4/29/08; passed House 5/1/08; signed into law by governor* as Chapter 342, 05/29/08)*	Whole
CO SJR08-027 Sen. Groff	Among other things, would encourage transparency and disclosure when a physician is receiving financial or other compensation for prescribing any product. (Filed and laid over by Senate 4/24/08; Sent to House and laid over 5/2/08; did not pass at end of 2008 session)	Generic, Brand
CO Final 5^th Plan Blue Ribbon Commission for Healthcare Reform	A comprehensive health reform package would include provisions to A) " Encourage standard benefit plans to not include limits on mental health, therapies, and prescription drugs" and B) a new Basic Benefit package that would include Prescription Drugs Generics with a $5 co-pay and Brand products at 50% of cost, $25 minimum, and a $2,500 annual maximum. (Recommendations approved 11/17/07; to be filed as legislation after 1/31/08)	Reform: Brand, Generic, Price
CT HB 5012 Rep. Zalaski	Would "increase the accessibility of prescription medications to those who are blind or visually impaired by exempting talking prescription drug containers from the sales tax." (Filed 2/6/08; did not pass by end of session 5/7/08; did not pass at end of 2008 session)	Label, Safety
DE HB 105 Rep. Maier	Would establish standards and criteria for the regulation, solvency and licensing of Pharmacy Benefit Managers. (Filed 3/29/07; did not pass committee by end of '07 or '08 session, 6/30/08; did not pass by end of 2008 session)	PBM
DE HJR 15 Rep. Miro	Joint resolution would direct the Secretary of the Delaware Department of Health and Social Services to perform a fiscal impact analysis to determine how much revenue Delaware pharmacies are expected to lose because of Medicaid's new formula that determines maximum reimbursement for multiple-source drugs, and directs the state to adopt emergency final regulations that increase the amount of reimbursement. (Filed and passed House 37y-0n, 6/30/07; did not pass Senate committee by end of '07 or '08 session, 6/30/08; did not pass by end of 2008 session)	M, Price
DC B17-0364 Councilman Catania	The SafeRx Act would require licensing of pharmaceutical representatives and impose penalties for "misleading remarks made in sales pitches to doctors," intended to "counteract the influence of pharmaceutical 'detailers.' Also would require drug-company representatives to have a bachelor's degree, adhere to a code of ethics and ban them from buying meals for physicians or giving them small gifts branded with the names of drugs or pharmaceutical companies. Company representatives would still be allowed to give doctors drug samples. Described by sponsors as making "the District the first in the nation" with licensing and penalties. Deleted from final bill: prohibiting pharmaceutical representatives from data mining, or using area prescribing data and trends as a marketing tool to target specific physicians. News article: "D.C. Council votes to regulate pharmaceutical reps" Washington Business Journal 1/8/08. (Filed 9/29/07; passed City Council 7y-6n, 1/8/08; signed into law by mayor as Act A17-0282, 2/1/08)	Mkt Privacy
FL H 9065	Non-binding resolution, recognizes & commends Pharmaceutical Research & Manufacturers of America on 20th anniversary of its Discoverers Award program, "which honors scientists whose tireless research and development of new pharmaceuticals have greatly benefited patients all over the world." (Filed 3/18/08; adopted and signed by House, 3/19/08) \|	-, Brand
FL S 1542 Rep. Ring	Would require the FL Agency for Health Care Administration to establish the Florida Saves on Rx Program, including a contract to develop a system to purchase prescription medications from authorized pharmacies and pharmacies outside the U.S. (with features similar to the Illinois program.) Would including adopting a preferred drug list or formulary for the program. (Filed 3/4/08; did not pass committee 5/2/08; did not pass by end of 2008 session)	Imp, PDL
FL S 1550 Rep. Saunders	Would require the Agency for Health Care Administration to contract with a vendor to design and operate a website that gives health care practitioners and pharmacists access to patient medication history through a privacy-protected website. (Filed 3/4/08; did not pass committee 5/2/08; did not pass by the end of 2008 session) \|	E, Safety
GA HB 18 Rep. Stephens	Would require refund of Rx rebates from manufacturers and repeal conflicting laws. (Prefiled 12/7/06; no further action before end of session; carried over to '08; vetoed by governor, 05/30/08)*	M
GA HB 19 Rep. Stephens	Would require disclosure and refund of any Rx rebates from manufacturers that contract with the state. (Prefiled 12/7/06; no further action before end of session; carried over to '08)*	M
GA HB 45 Rep. Stephens	Would prohibit prior authorization for a prescription drug which a drug manufacturer provides to a community pharmacy at the lowest price of a pricing structure. (Filed and sent to committee 1/11/07; no further action before end of session; carried over to '08; did not pass by the end of 2008 session)*	Brand, PDL, Price
GA HB 127 Rep. Byrd	Would provide that a patient may instruct a pharmacist not to substitute a generic name drug in lieu of a brand name drug; otherwise a pharmacist may substitute a drug "which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent." (Filed 1/24/07; passed House 3/1/07; Senate favorable report 3/28/07; carried over to '08; recommitted 1/14/08; did not pass by end of 2008 session)	Brand, Generic
GA HB 285 Rep. Stephens	Would require an ID to be shown prior to dispensing a controlled substance. (Filed and sent to committee 2/8/07; no further action before end of session; carried over to '08; did not pass by end of 2008 session)*	Safety
GA HB 367 Rep. Carter	Would allow health insurance coverage for therapeutically equivalent substitutions in certain situations. (Filed and sent to committee 2/10/07; no further action before end of session; carried over to '08; did not pass by end of 2008 session)*	Generic, Brand
GA HB 454 Rep. Gardner	Would require pharmacists to include the approximate retail price for an outpatient drug on the receipt for that product and repeal conflicting laws. (Filed and sent to committee 2/14/07; no further action before end of session; carried over to '08; did not pass by end of 2008 session)*	Price
GA HB 455 Rep. Stephens	Would enact the Georgia Prescription Monitoring Program Act to monitor dispensing of schedules II-IV. (Filed and sent to committee 2/15/07; no further action before end of session; carried over to '08; did not pass by end of 2008 session)*	E
GA HB 180 Rep. Rogers	Provides that certain prescription drugs and other health care products sold by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies not be subject to certain prior authorization or supplemental rebates for purposes of coverage under the state health benefit plan, medical assistance program, PeachCare for Kids, or any other health benefit plan or policy administered. (Filed and sent to committee 1/26/07; Senate Passed 4/4/08; House agreed to Senate Amendments 4/14/08; House sent to governor 5/6/08; Signed into law by governor* 5/6/08 as Act 411)*	Brand, M PDL
GA HB 550 Rep. Lindsey	Would expand certain obligations of insurers, managed health care entities, and pharmacy benefit managers. (Filed 2/27/07; favorable committee report 3/19/07; House withdrawn, recommitted; no further action before end of session; did not pass by end of 2008 session) \|	PBM
GA HB 556 Rep. Benton	Would require the prescriber's name to be printed on a prescription below his or her signature for controlled substances. (Filed and sent to committee 2/27/07; no further action before end of session; carried over to '08; did not pass by end of 2008 session)*	Label
GA HB 798 Rep. Scott	"Pharmacy Consumer Protection and Transparency Act" would provide that a pharmacy benefits manager shall not intervene in the delivery of prescriptions; to provide for the dispensing of a substitute prescription drug. (Filed and sent to committee 4/10/07; no further action before end of session; carried over to '08; did not pass by end of 2008 session)*	PBM, Brand, Generic
GA HB 949 Rep. Stevens	Would provide that if a new pharmacy benefits manager for the state employees' health insurance plan or Georgia's Medicaid program provides lower reimbursement rates to pharmacies than provided by the previous pharmacy benefits manager, the difference shall be paid into the state's general fund; provides for an opportunity for pharmacies to opt out. (Filed and sent to committee 1/16/08; did not pass by end of 2008 session)	M, PBM, Price
GA SB 28 Sen. Hill	Would require pharmacies to submit comparative price information, to be posted on a state sponsored website. (Filed and sent to committee 1/22/07; no further action before end of session; carried over to '08; did not pass by end of 2008 session)	Disclose, Post, Price
GA SB 129 Sen. Grant	Would allow limited copayments by inmates for prescription medications. Amount of copayment is not specified, but would not apply to inmates without funds in a prison account. (Filed and sent to committee 2/10/07; no further action before end of session; carried over to '08; did not pass by end of 2008 session)	Copay
GA SB 150 Sen. Hill	Would provide for creation of a state website, including prescription drugs for which price information shall be collected. Such information shall include recent average wholesale prices and retail prices. If a prescription drug is available in a generic form, price data shall be reported for the generic drug and its brand name equivalent. (Filed and sent to committee 2/13/07; no further action before end of session; carried over to '08; did not pass by end of 2008 session)	Price, Disclose
GA SB 178 Sen. Balfour	Would allow for mail order prescription sales under regulated conditions. (Filed 2/20/07; passed Senate 3/20/07; withdrawn, did not pass House committee 4/2/07; carried over to '08; did not pass by end of 2008 session)	Mail
GA SB 294 Sen. Murphy	Would change the criteria for substituting generic drugs for brand name drugs. (Filed and sent to committee 3/1/07; no further action before end of session; carried over to '08; did not pass by end of 2008 session)	Generic, Brand
HI HB 6, SB 817 Rep. Takumi	Would require quarterly reports that disclose the average wholesale price, wholesale acquisition cost, average manufacturer price, and best price for each of the manufacturer's drugs from manufacturers of certain prescription drugs dispensed. (Filed 1/22/07; deferred in House committee 1/29/07; carried over to '08; did not pass by end of 2008 session)	M, Price, Mkt
HI HB 7, SB 817 Rep. Takumi	Directs the governor to establish the State of Hawaii's participation as the sixth state in the I-SaveRx prescription drug program to provide residents with access to lower-price drugs imported from Canada, England, Australia and New Zealand. (Filed 1/25/07; passed House; passed Senate 22y-3n, 4/8/08; vetoed by governor 5/1/08; became law by veto override as Act 59, 5/2/08) \| News article: Hawaii to import cheap foreign drugs - AOL News 5/8/08	D, Imp
HI HB 8, SB 819 Rep. Takumi	Would allow consumers, the State, and other affected parties to obtain an injunction, damages, and other relief when a drug manufacturer or its licensee sells prescription drugs for an excessive price. (Filed 1/22/07; deferred in House committee 1/29/07; carried over to '08; did not pass by end of 2008 session)	Liability, Price
HI HB 9 SB 822 Rep. Takumi	Would prohibit the sale or transfer of patient prescription information by certain businesses as an unfair and deceptive act in the conduct of trade or commerce. HB 9 (Filed and sent to committee 1/22/07 and deferred in House Committee; did not pass by end of 2008 session) \| SB 822 (Filed and held in committee 2/6/07; carried over to '08; did not pass by end of 2008 session)	Mkt
HI HB 11 SB 814 Rep. Takumi	Would require prescription drug advertisements to meet Federal standards, public disclosure of clinical trial information, and drug manufacturers to pay fees to Department of Health to fund a public education initiative on clinical trials and drug safety. (Filed and sent to committee 1/22/07; deferred by committee 2/2/07; carried over to '08; did not pass by end of 2008 session)	Trials
HI HB 12 Rep. Takumi	Would require the Director of Human Services to establish a pharmacy best practices and cost control program, including Medicaid and other state public assistance health benefits plans, in which any public and private health plan may participate; includes a prescription drug preferred list and prior authorization review process. (Filed and sent to committee 1/25/07; deferred by committee 2/7/07; did not pass by end of '07 session; sent to committee 3/4/08; did not pass by end of 2008 session)	Bulk, M, PDL
HI HB 370, SB 232 Rep. Lee	Would establish remote dispensing pharmacy regulations. (Filed and referred by committee 1/22/07; carried over to '08; did not pass by end of 2008 session)	-
HI HB 817, SB 1195 Rep. Mizuno	Would appropriate funds for the Sage PLUS program, which provides assistance at no charge to people receiving Medicare and Medicaid benefits and near-retirees, to expand services to the neighbor islands and to support the program's operating costs. House amended effective date to July 2020. HB 817 (Filed, passed House and sent to Senate 3/6/07; referred by committee 3/23/07; did not pass by end of 2008 session) SB 1195 (Filed, sent and referred by committee 2/15/07; carried over to '08; did not pass by end of 2008 session)	MMA, CL
HI HB 1044 Reps. Mizuno, Bertram, Sonson	Provides equal access to immunosuppressant medication for medicaid patients with HIV, AIDS, or hepatitis C, or who require immunosuppressives due to organ transplants, regardless of whether they are in the Medicaid programs. Requires economic impact assessment. Effective January 1, 2008, and sunsets July 1, 2013. (Enacted and signed into law by governor* on 5/23/07 as Act 092)*	M
HI HB 1321, SB 1407 Rep. Say	Would establish licensing and solvency requirements for prescription drug plans that are offering a pharmacy benefit pursuant to Medicare Part D. HB 1321 (Filed, sent to and referred by committee 1/24/07; carried over to '08; did not pass by end of 2008 session) SB 1407 (Filed sent to and referred by committee 2/16/07; carried over to '08; did not pass by end of 2008 session)	MMA
HI HB 1359 SB 1445 Rep. Say	Would create a Hawaii State Pharmacy Assistance program by merging the current State Pharmacy Assistance program which coordinates the Medicare Part D drug benefit and the Hawaii Rx Plus program under a single comprehensive Hawaii State Pharmacy Assistance program umbrella. Would allow 340B qualified entities to use telepharmacy if there is no other pharmacy within 5 miles. HB 1359 (Filed, passed House 3/6/07; passed Senate 25y-0n & sent to conference comm., 4/10/07; carried over to '08; did not pass by end of 2008 session)	D, MMA, S, M, 340B, PDL
HI HB 1478 SB 1729 Rep. Green	Would extend income eligibility requirement to 200% of the federal poverty level; Would require the department to provide enrollees with counseling about prescription drug plans; would repeal prescription drug rebate funding limitations; relates to state pharmacy assistance program. HB 1478 (Filed and sent to committees 1/24/07, 2/16/07; carried over to '08; did not pass by end of 2008 session)	D, S
HI HB 2001, HB 2246 Rep. Morita	Would authorize pharmacies that dispense medications within the 340B Drug Pricing program to engage in telepharmacy dispensing of medication. (Filed and sent to committee 1/16/08; did not pass by end of 2008 session)	340B
HI HB 2270 Rep. Oshiro	Would authorize refills for prescriptions during disasters; Directs the director of health to convene a work group to establish an online emergency prescription database. (Filed and sent to committees 1/16/08; did not pass by end of 2008 session)	E
HI HB 2445 Rep. Takumi	Would require prescription drug ads to meet federal standards, public disclosure of clinical trial information, and drug manufacturers to pay fees to department of health to fund a public education initiative on clinical trials and drug safety. (Filed and sent to committees 1/22/08; did not pass by end of 2008 session)	Mkt, Trials
HI SB 257	Would prohibit pre-signed and predated prescriptions. (Filed, passed Senate 3/6/07; deferred by House committee 3/22/07; carried over to '08; did not pass by end of 2008 session)	Label
HI SB 816 Sen. Ige	Would require the Director of Human Services to establish a pharmacy best practices and cost control program including Medicaid and other state public assistance health benefits plans, in which any public and private health plan may participate; includes a prescription drug preferred list and prior authorization review process; requires drug manufacturers to disclose economic benefits of $25 or more provided to persons who prescribe, dispense, or purchase prescriptions. (Filed, passed Senate 3/6/07; amended, deferred by House committee 3/29/07; carried over to '08; did not pass by end of 2008 session)	Mkt, PDL,
HI SB 2406 Sen. Hooser	Would require the HI Board of Pharmacy to allow telepharmacy by certain federally qualified health centers participating in the federal 340B Pharmaceutical Purchasing Program; defines telepharmacy to limit dispensing to only acute medications. (Filed and sent to committees 1/22/08; did not pass by end of 2008 session)	340B
HI SB 2533 Sen. Ige	Would require prescription drug ads to meet federal standards public disclosure of clinical trial information, and drug manufacturers to pay fees to department of health to fund a public education initiative on clinical trials and drug safety. (Filed 1/15/08; did not pass by end of 2008 session)	Mkt, Trials
HI SB 2534 Sen. Ige	Would require the Director of Human Services to establish a pharmacy best practices and cost control program including Medicaid and other state public assistance health benefits plans in which any public and private health plan may participate; includes a prescription drug preferred list and prior authorization review process; requires drug manufacturers to disclose economic benefits of $25 or more provided to persons who prescribe dispense or purchase prescriptions. (Filed and sent to committees 1/22/08; did not pass by end of 2008 session)	D, M, Mkt, PDL
HI SB 2536 Sen. Ige	Would direct the Governor to establish the State of Hawaii's participation in the I-SaveRx prescription drug program to provide residents with increased access to affordable drugs; relates to prescription drugs. (Filed and sent to committees 1/22/08; did not pass by end of 2008 session)	Imp
ID H 357	Amends existing law to revise language regarding the exemption of prescription drug sales from the sales and use. tax. (Filed 1/25/08; passed House; passed Senate; signed into law by governor* as Chapter 19, 2/19/08)*	Tax
ID S 1377 Committee	Would provide for additional information required and eliminate the bond requirement for wholesale drug distribution licensure. The original intent of the Act "will not be affected and will help to keep counterfeit prescriptions out of our supply chain while allowing small businesses to do business" in the state. (Filed 1/25/08); passed House; passed Senate; signed into law by governor* as Chapter 190, 3/18/08)*	Whole, Counterfeit
ID S 1386 Committee	Would establish the Pharmacy and Therapeutics Committee; provides for exemption and exceptions to prior authorization and related use of preferred drug lists. (Filed 2/7/08; did not pass by end of 2008 session 4/1/08)	M, PDL
IL HB 157 HB 301 HB 1513	Would amend the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Provides for an annual increase in the household income amounts used to determine eligibility for a grant, the increase being equal to the cost-of-living increase designated under the federal Social Security Act. (Filed and sent to committee 3/23/07; did not pass before end of '07 session; did not pass by the end of 2008 session)	S, Tax
IL HB 691	Would state that prescribers may not prescribe medications for patients via the Internet, WWW, phone or fax unless the patient has been physically examined by the prescriber or has been given a documented patient evaluation, including any medical history and physical exam for the condition prescribed. (Filed and sent to committee 2/8/07; passed House 3/28/07 and sent to Senate; did not pass before end of '07 session; did not pass by the end of 2008 session)	E, Internet
IL HB 813	Would establish a cancer drug repository program to which people may donate cancer drugs or supplies to be used by individuals who meet criteria set by the Department of Health. Also sets forth requirements that cancer drugs or supplies must meet in order to be accepted and dispensed under the program. (Filed and sent to committee 2/7/07; passed House 3/21/07; did not pass before end of '07 session; did not pass by the end of 2008 session)	Reuse
IL SB 86 HB 3601	Would amend the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act and increase the household income eligibility limitations for grant year 2007, and provides that, for grant years 2008 and thereafter, the limitations shall be increased annually by the percentage increase in the Consumer Price Index for the previous calendar year. (Filed and sent to committee 1/31/07; did not pass before end of '07 session; did not pass by the end of 2008 session)	Price, Disclose
IL HB 872	Would create a Prescription Drug Ethical Marketing Act that would require every manufacturer and labeler in the state to disclose the value, nature, and purpose of any gift, fee, payment, subsidy, or other economic benefit provided in connection with detailing or promotional activities by the company, directly or through its pharmaceutical marketers, to any physician, or any other prescriber in the state. Requires the Director to report to the Governor and the General Assembly on the disclosures. Provides exceptions to the disclosures. Provides for injunctive relief and civil penalties for failure to disclose. Provides that teh civil penalties collected under the Act shall be deposited into the Prescription Drug Ethical Marketing Fund, which is created as a special fund in the State treasury, to be used for enforcement of the Act. (Filed and sent to committee 2/7/07; did not pass before end of '07 session; did not pass by the end of 2008)	Mkt
IL HB 1082	Would create the online clearinghouse to be known as the State of Illinois Prescription Drug Price Finder to provide a Drug Price that identifies the 50 most commonly prescribed drugs in Illinois and their usual and customary prices. (Filed and sent to committee 2/8/2007; passed House 3/22/07; postponed in Senate; did not pass by the end of the 2008 session)	CL, Price
IL HB 1248	Would allow the symptom to be put on the prescription bottle label. (Filed and sent to committee 2/9/07; did not pass before end of '07 session; did not pass by the end of 2008 session)	Label
IL HB 1459 Reps. Nekritz, Flowers	Would amend existing code and law to prohibit the licensure, transfer, use or sale of any records relative to prescription information containing patient-identifiable or prescriber-identifiable data by any licensee or registrant of the Acts for commercial purposes. (Filed and sent to committee 2/21/07; did not pass before end of '07 session; carried over to '08; did not pass by the end of 2008 session)	Privacy, Mkt
IL HB 1461	Amends pharmaceutical assistance programs so that covered prescription drugs includes any agent or drug added by the Department of Healthcare and Family Services within the therapeutic categories of antipsychotics, antidepressants, and anticonvulsants. (Filed and sent to committee 2/21/07; did not pass before end of '07 session; did not pass by end of 2008 session)	M
IL HB 3005	Would make a technical change in a Section concerning pharmacy payments under the Medicaid program. (Filed and sent to committee 2/26/07; did not pass before end of '07 session; did not pass by the end of 2008 session)	M
IL HB 3689	Would amend the wholesale drug distribution licensing procedure. (Filed and sent to committee 3/1/07; did not pass before end of '07 session; did not pass by the end of 2008 session)	Whole
IL HB 4389 Rep. May	Would require prescription drug, medicine, or poison labels to show the expiration date of the drug, medicine, or poison, as provided by the manufacturer. (Filed 1/10/08; sent to committee 3/14/08; did not pass by the end of 2008 session)	Label
IL HB 4449 Rep. Franks	In connection with the pharmaceutical assistance program, would provide eligibility for persons who have a maximum household income at or below 225% of the Federal Poverty Level if they qualify under certain conditions. Eliminates an Eligibility Group. (Filed and sent to committee 1/17/08, on short debate calendar 3/12/08; did not pass by the end of 2008 session)	S
IL HB 4486 Rep. Burke	Amends the Medical Practice Act and the Wholesale Drug Distribution Licensing Act; would prohibit a physician from intentionally soliciting or accepting from a manufacturer and a manufacturer from intentionally conferring upon a physician any gift having a cumulative total value of more than $50. Excludes drug product samples and educational materials from the ban. (Filed and sent to committee 1/17/08, sent to committee 3/14/08; did not pass by the end of the 2008 session)	Mkt
IL HB 4511, HB 4512 Rep. Jeffries	Concerning the pharmaceutical assistance program, would provide that Eligibility Group 1 consists of persons who are not eligible for Medicare Part D and who are disabled and under age 65. Provides that Eligibility Group 3 consists of persons age 65 or older who are eligible for Medicare Part D. (Filed and sent to committee 1/18/08, sent to committee 3/14/08; did not pass by end of 2008 session)	S
IL HB 4638 Rep. Hassert	Would lower the retailers' occupation tax and service occupation tax imposed on sales of certain prescription and nonprescription medicines to 1% (now, 1.25%) in Cook County and 0.25% (now, 0.75%) in the counties of DuPage, Kane, Lake McHenry, and Will. (Filed and sent to committee 1/22/08; did not pass by end of 2008 session)	Tax
IL SB 509	Would create a whole licensure and prescription medication integrity act. Would mandate licensure for wholesalers and those that ship Rx into the state. (Filed and sent to committee 2/8/07; *signed into law by Governor* as public act 095-0689 , 10/29/2007)	Whole
IL SB 726	Would allow the cost of a prescription reading machine or machine that makes audible prescription labels to be tax deductible. (Filed and sent to committee 2/8/07; did not pass before end of '07 session; did not pass by the end of 2008 session)	Tax
IL HB 915, HB 948, HB 1089, HB 1176, HB 2581, HB 2988, HB 2989, HB 2990, SB 86, SB 524, SB 1195	Would amend the state Pharmaceutical Assistance programs (SPAP) by adjusting enrollee benefits and eligibility, including wrap around benefits tied to Medicare Part D. (All filed and sent to committees 2/07;; did not pass before end of '07 session; carried over to '08; bills did not pass by the end of 2008 session)	D, MMA, S, Tax
IL SB 1518	Would require PBMs or other parties that contract with the state to be legally responsible for payment of a health care claim. (Filed and sent to committee 2/9/07; passed Senate 3/21/07 and sent to House; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	PBM
IL SB 147	Would create the Pharmaceutical Best Price Buying Initiative Act and amends the Freedom of Information Act and the Illinois Public Aid Code. Creates the Pharmaceutical Best Price Buying Initiative Program. Requires the Department of Healthcare and Family Services to negotiate prescription drug discount agreements with drug manufacturers to provide discounts for drugs purchased by pharmacies and drug wholesalers participating in the program. (Filed and sent to committee 1/31/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	D, Price
IN S 251 Sen. Riegsecker	Would prohibit a local unit from entering into a contract with a person to import prescription drugs from a foreign country unless the unit has received a waiver from the federal Food and Drug Administration and the person entering into the contract is accredited through the National Association of Boards of Pharmacy's Verified Internet Pharmacy Practice Sites. (Filed and sent to committee 1/10/08; did not pass by end of 2008 session)	Imp
IA HF 506	Would provide for prescription drug retail price comparison. (Filed and sent to committee 2/22/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)\|	Price
IA HF 204	Would create "fair market pricing" and establish a prescription drug card program. (Filed and sent to committee 2/6/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	D, Price
IA SF 111	Would allow online prescription drug retail price comparison. (Filed and sent to committee 2/6/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Internet, Price
IA SF 25, SSB 1037	Would provide for the establishment of a limited drug and device distributor license. (Filed and sent to committee 1/30/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Whole
IA SSB 1047	Would regulate pharmacy benefit management companies. (Filed and sent to committee 1/17/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	PBM
IA SSB 3149	Would regulate pharmacy benefits managers; including the timely payment of claims payable under a PBM plan and disclosure of certain information. (SSB 3149 filed and sent to committee 2/7/08; did not pass by end of 2008 session)	PBM
IA SSB 3140, HSB 636 Reform Commission	The Legislative Commission on Affordable Health Care's comprehensive reform plan would direct the following strategies for health care payers and purchasers to promote or adopt: • Considering a four-tier prescription drug copayment system within prescription drug benefits that includes a zero co-pay tier for select medications to improve patient compliance. • Providing a standard medication therapy management program with prescription drug benefits to optimize high-risk patients’ medication outcomes. • Investigating whether pooled purchasing for a prescription drug benefit (common statewide preferred drug list) would decrease costs. (Final report approved 1/16/08; filed and sent to committees 2/5/08; note: another health study bill was enacted without the prescription drug provisions; did not pass by end of 2008 session)	Bulk, Co-pay, Price, Reform
KS HB 2392	Would require pharmacy wholesalers and distributors to be registered with the state. (Filed and sent to committee 2/6/07; did not pass by end of '07 or '08 session 5/7/08; did not pass by end of 2008 session)	Whole
KS HB 2416	Would enact the prescription monitoring program model act, intended to improve the state’s ability to identify and stop diversion of prescription drugs. (Filed and sent to committee 2/7/07; did not pass by end of '07 or '08 session 5/7/08; did not pass by end of 2008 session)	Monitor, Safety
KS HB 2542, SB 357 House Appropriations Committee; Senate W & M	Would specify that "expenditures shall be made from the 'Prescription Support for Community Based Primary Care Clinics' account for: (1) Purchase of drug inventory under 340B of the federal public health service act for community health center grantees and federally qualified health center look-alikes who qualify; (2) increasing access to prescription drugs by subsidizing 340B patients on a sliding fee scale." (Filed and sent to committee 1/07; HB 2564 passed House 79y-44n, 3/16/07; SB 357 passed Senate 26y-14n, 3/21/07; held in conference committee, did not pass 5/4/07) (S 357 passed Senate 3/23/07; amended to delete Rx provision & passed House 5/2/07; signed into law by governor with pharmaceutical policy deleted, 5/21/07) \|	340B, D
KS HB 2578 House Appropriations Comm.	Creates the utilization of Unused Medications Act; allowing collection and reuse of individually packaged pharmaceuticals from medical care and mail order facilities; it would not apply to Rx purchased by Medicaid or SCHIP. (Filed 3/14/07; passed House 3/27/07; passed Senate 2/14/08'; signed into law by governor* 3/20/08) \|*	Reuse
KS SB 229 Sen. Schmidt	Would create the Prescription Confidentiality Act based on the New Hampshire Prescription Confidentiality Act. (Filed and sent to committee 1/31/07; did not pass by end of '07 or '08 session 5/7/08) \|	Privacy, Mkt
KS SB 272	Would establish the duties for the pharmacy benefit managers and create penalties for violations. (Filed and sent to committee 2/6/07; did not pass by end of '07 or '08 session 5/7/08) \|	PBM
KY HB 7 Rep. Burch	Relates to drug importation; would require the Governor, in coordination with the Secretary of the Cabinet for Health Services; to request that the Secretary of the United States Department of Health and Human Services certify to Congress that drug importation from foreign countries by Kentucky licensed pharmacists, distributors, and wholesalers poses no additional risk to the public's health and safety. Amended to request the FDA certify safety and savings to the state. (Filed 1/17/08 amended favorable report 2/7/08; did not pass by end of 2008 session)	Imp
KY HB 301	Woluld create the Kentucky Senior Prescription Drug Assistance Program within the Department for Aging and Independent Living, as a supplement to Medicare Part D prescription drug benefit, . (Filed and sent to committee 1/25/08; did not pass by end of 2008 session)	MMA, S
KY SB 79 Sen. Denton	Would require a wholesale distributor to be licensed by the board; specifies conditions for a wholesale distributor to receive prescription drugs and require a manufacturer or a wholesale distributor to supply drugs only to a person licensed to possess or distribute drugs to an end user. (Filed and sent to committee 1/16/08; did not pass by end of 2008 session)	Whole
LA HB 383 LeBas	Would require health insurance issuers to pay local sales and use taxes on prescription drugs and pharmacist services under certain circumstances and provides penalties for violations. (Filed 3/19/08; engrossed in House and resent to committee 4/23/08; signed into law by governor* as Chapter 582, 06/30/08)*	Tax
LA HB 896 Rep. Hines	Would prohibit the display of any pharmaceutical advertisements in a health care facility. (Filed 3/21/08; did not pass committee by end of 2008 session 6/23/08) \|	Mkt
LA HB 469, SB 250 Rep. Katz	Would provide for the Department of Health and Hospitals to develop a prescription drug discount program for the low-income uninsured. (Filed 3/21/08; did not pass committee by end of 2008 session 6/23/08) \|	D
LA HB 1327, HB 1366 Rep. Ponti	Creates the Pharmacy Patient Protection Act; requires pharmacy benefits managers to be licensed by the Department of Health and Hospitals; requires disclosure of any ownership interest or affiliation with an insurer or any business related to pharmacy services; requires retention of records; provides for medication reimbursement costs. Deleted from passed law: H 1327 would have required the use of an index to set prices of medications and products. Effective date of Act 386 is January 1, 2009. [Analysis] (Filed 4/22/08; H 1327 did not pass committee by end of 2008 session 6/23/08; H 1366 passed House 120y-0n, 5/20/08; passed Senate; signed into law by governor as Act 386 of 2008, 6/21/08) \|	PBM
LA HCR 85 Rep. Williams	Urges the LA House and Senate committees to study ways to prevent physicians and other health care practitioners from prescribing an alternative brand of medication because of financial incentives; requests agency input. (Filed 4/29/08; passed House and Senate and finally adopted* 6/4/08) \|*	Brand, Generic, Price
LA HCR 198 Rep. Henry	Concurrent non-binding resolution to urge and request the Louisiana Board of Pharmacy to convene its Regulation Revision Committee to consider changes to the rules and regulations of the board to expressly prohibit a pharmacist from interchanging an antiepileptic drug or a formulation of an antiepileptic drug for the treatment of epilepsy without the prior notification of both the prescribing physician and the patient. (Adopted by House and Senate* 6/11/08)*
ME > See Note	NOTE: Although Maine permits carry-over from 2007 to 2008, all first year bills of interest were either signed or died and therefore were not continued to 2008. Also see 2007 Legislation report for history.	.
ME HP 321 / LD 405 Rep. Lewin	Would direct the Department of Health and Human Services to amend the rules for MaineCare reimbursement to pharmacies for prescription drugs in order to increase the dispensing fee on a basis that is indexed to the Consumer Price Index and to provide other increases in reimbursement. (Filed 1/30/07; passed House 3/31/08; passed Senate 4/1/08, signed into law by governor* as Chapter 590, 4/10/08) \|*	M, Price
ME HP 1591 / LD 2231 Rep. Treat	Requires the Governor's Office of Health Policy and Finance to "coordinate with the Department of Health and Human Services and other state agencies and representatives of state employees, health care providers and federally qualified health centers to identify opportunities no later than July 1, 2009 to provide prescription drugs through Section 340B for the following, if the costs of implementing such a plan are less than the current cost of providing prescription drugs: 1) State-funded managed care plans; 2) MaineCare (Medicaid); 3) State bulk purchasing initiatives and 4) Populations using high-cost chronic care and specialty drugs. Also requires the Department of Corrections to convene a working group to maximize use of the 340B. The effective date is April 16, 2008. (Filed 2/26/08; passed House and Senate 4/15/08; signed into law by governor* as PS Chapter 43, 4/16/08)*	340B, Bulk
ME SP 910 / LD 2286 Sen. Brannigan	Directs the Office of Health Policy and Finance and the Department of Health and Human Services to report on activities for implementing a multipayor patient-centered medical home pilot project; provides for streamlining preauthorization processes for primary care physicians; provides for adopting flexible prescribed medication dispensing standards - allowing a pharmacist to dispense prescribed medication in a dosage that varies from the prescription but is equivalent to the overall dosage prescribed; provides for streamlined MaineCare procedures that will exempt primary care physicians and other practitioners who demonstrate a history of cost-effective prescribing that meets the needs of patients from most preauthorization requirements. (Filed; passed Senate; passed House 4/1/08; signed into law by governor as Resolve 195, 4/10/08)	M, PDL
MD HB 37 Del. Manno	Would provide for a deduction under the individual income tax of 50% of qualified prescription drug expenses of an individual eligible for prescription drug coverage under Part D of the Medicare Program and is enrolled in the Senior Prescription Drug Assistance Program. (Filed and introduced 1/9/08; withdrawn, did not pass 3/17/08; did not pass by end of 2008 session) \|	Tax, MMA
MD HB 50 Del. Montgomery	Would establish a prescriber data-sharing program for certain purposes with requirements, including requiring a pharmaceutical detailer to disclose certain information to a prescriber under certain circumstances. (Filed and sent to committee 1/9/08;withdrawn, did not pass 2/12/08; did not pass by end of 2008 session) \|	Mkt, Privacy
MD HB 120 Del. Bromwell	Would require a pharmacy benefits manager to disclose information to a prospective purchaser and a purchaser; specifying the manner in which disclosures must be provided and information remaining confidential. (Filed 1/17/08; passed House 3/22/08; passed Senate 4/4/08; signed into law by governor* as Chapter 206, 4/24/08)*	PBM
MD HB 243 Del. Benson	Would prohibit a pharmacy benefits manager from determining reimbursement on a specified basis; prohibiting a pharmacy benefits manager from imposing a copayment, deductible, limit on quantity, or other condition under specified circumstances. (Filed 1/23/08; withdrawn, did not pass 3/17/08; did not pass by end of 2008 session) \|	PBM
MD HB 257, SB 725 Del. Kullen	Requires a pharmacy benefits manager to enter into contracts with pharmacy providers under specified circumstances; specifying the requirements of the contracts; specifying provisions that apply to audits carried out by pharmacy benefits managers of pharmacies or pharmacy claims and providing penalties. Effective October 1, 2008. (Filed 1/23/08; HB 257 & SB 725 passed House 3/22/08; passed Senate 4/7/08; HB 257 signed into law by governor* as Chapter 262, 4/24/08)*	PBM
MD HB 343, SB 720, SB 723, SB 724 Del. Kipke	Would prohibit a pharmacy benefits manager from substituting one prescription drug for the drug originally prescribed unless specified conditions are met. Effective October 1, 2008. (Filed 1/25/08, 2/1/08; HB 343, SB 720, SB 723, SB 724 all passed House 3/22/08; passed Senate 4/4/08; signed into law by governor* Chapters 203, 204 and 205, 4/24/08)*	PBM
MD HB 419, SB 722 Del. Elliott	Would require a person to register with the Maryland Insurance Commissioner before the person acts as or represents itself as a pharmacy benefits manager in Maryland. (Filed 1/28/08; passed House 3/22/08; passed Senate 4/4/08; signed into law by governor* as Chapters 201 and 202, 4/24/08)*	PBM
MD HB 514, SB 775 Del. Donoghue	Would authorize funds of the Senior Prescription Drug Assistance Program of the Maryland Health Insurance Plan to be appropriated to the Department of Health and Mental Hygiene to provide funding, not to exceed $425,000, for the Maryland Medbank Program. (Filed 1/28/08; passed House 3/22/08; passed Senate and sent to governor 4/2/08)	CL
MD HB 580 Del. Oaks	Establishing requirements for a pharmacy and therapeutics (P&T) committee of a pharmacy benefits manager; requiring a PBM to ensure that its pharmacy and therapeutics committee has specified policies and procedures; authorizing the Maryland Insurance Commissioner to adopt regulations. Effective October 1, 2008. (Filed 1/25/08, 2/1/08; HB 580 passed House 3/22/08; passed Senate 4/4/08; signed into law by governor* as Chapter 279, 4/24/08)*	PBM
MD HB 1492 Spkr. Busch, Del. Hamman	Would authorize a Senior Prescription Drug Assistance Program - Subsidy for Medicare Part D Coverage based on an agreement signed by the Governor. Would include incomes from Social Security benefits or retirement plans up to 300 percent of the federal poverty level -- about $30,000 for a single person. CareFirst has agreed to pay the annual $7 million cost of the program. (Filed 2/18/08; passed House 3/18/08; passed Senate and sent to governor 4/2/08)	MMA, S
MA H 2 Governor Patrick	FY09 budget (§ 8) would allow the Department of Elder Affairs, within the Prescription Advantage wrap around for Medicare Part D, to adjust cost sharing guidelines to reflect cost changes that are a result of pricing adjustments made by pharmaceutical suppliers, similar to policies for 2006-07. Also would appropriate $238,900,000 for the Medicare Part D Part D Phased Down Contribution and (§19) authorize the state to recover Medicaid clawback payments from the estates of dual eligibles. (Filed and sent to committee 1/23/08; did not pass in this version; see amended, enacted H 4990 below)	MMA, S
MA H 66, H 4687 Rep. S. Walsh	Would expand requirements for safeguarding and monitoring prescription drugs. (Filed 1/10/07; did not pass committees by end of 2007-2008 formal sessions 7/31/08; did not pass by end of 2008 session)	Safety, Whole
MA H 372 Rep Reinstein	Would prohibit certain advertising by pharmaceutical companies. (Filed 1/5/07; did not pass committee 3/20/08; did not pass by end of 2008 session)	Mkt
MA H 602 Rep. Hingham	Would allow 3 month supply prescription for those in Prescription Advantage program. (Filed 1/11/07; recommended for study as H4326 on 10/29/07; did not pass committees by end of 2007-2008 formal sessions 7/31/08; did not pass by the end of 2008 session)	S
MA H 603 Rep. Correia	Would extend the Medicare Part D safety net by authorizing emergency 30-day supplies for enrollees once each calendar year. (Filed 1/5/07; favorable report 8/13/07; did not pass committees by end of 2007-2008 formal sessions 7/31/08; did not pass by end of 2008 session)	MMA
MA H 2911 Rep. Frost	Would provide for an income tax deduction for prescription drug costs. (Filed 1/2/07; recommended for study as H 4608 on 3/27/08; did not pass committees by end of 2007-2008 formal sessions 7/31/08; did not pass by end of 2008 session)	S, Tax
MA H 1005, S 1275, S 1309 Rep. Mariano; Sen. Moore	Would prevent the sharing of physician's prescription data and protect the confidentiality of patient prescription records. (Filed 1/8/07; H 1005 favorable reports 2/27/08; 6/3/08; resent to committees, 10/3/07; 3/4/08; did not pass House by end of 2007-2008 formal sessions 7/31/08; bills did not pass by end of 2008 session)	Mkt, Privacy
MA H 1036, Rep. McCarthy	Would create requirements providing "equity in the provision of prescription drug coverage" with same financial and quantity terms for in-store purchases and mail-order purchases. (Filed 1/10/07; recommended for study as H4666 on 4/9/08; did not pass committees by end of 2007-2008 formal sessions 7/31/08; did not pass by end of 2008 session)	Mail
MA H 1074 Rep. Scaccia	Would require "disclosing in writing the wholesale price of the drug being delivered as well as the exact co-pay or contribution being made on the consumer's behalf" by an insurer or third party payer. (Filed 1/10/07; recommended for study as H4666 on 4/9/08; did not pass committee by end of 2007-2008 sessions 7/31/08; did not pass by end of 2008 session)	Label, Price
MA H 1163 Rep. Sannicandro	Would require the state to request a federal waiver for the office of Rx Information to act as an agent for residents in providing information on purchase of prescription drugs from state and Canadian sources. (Filed 1/10/07; recommended for study as H4038, on 5/17/07; did not pass committee by end of 2007-2008 formal sessions 7/31/08; did not pass by end of 2008 session)	Imp
MA H 1170 Rep. Straus	Would provide for state-coordinated bulk purchasing of prescription drugs. (Filed 1/10/07; recommended for study as H 4659 on 5/17/07; did not pass committee by end of 2007-2008 formal sessions 7/31/08; did not pass by end of 2008 session)	Bulk
MA H 602, H 1146, H 3771 Rep. Bradley, Rep. Koczera	Would amend the Prescription Advantage subsidy program. H3771 would extend the open enrollment period. (H 3771 Filed 1/10/07) (H 602 & H 1146, recommended for study as H 4319, 10/24/07; did not pass committee by end of 2007-2008 formal sessions 7/31/08; did not pass by end of 2008 session)	S, MMA
MA H 2249 Rep. Smola	Would require typed or printed Pharmacy Prescriptions. (Filed and sent to committee 1/9/07; recommended for study as H4668 on 4/9/08; did not pass committee by end of 2007-2008 formal sessions 7/31/08; did not pass by end of 2008 session)	Label, Safety
MA H 2120, H 2146, H 2182, H 2240, H 2241, H 2242, H 891, S 1311 Rep. Scibak, Rep. Jones	Would provide for health care facilities and hospice programs to return certain unused pharmaceutical drugs. (Filed and sent to committee 1/10/07; H 2240, H 2241, H 2242 did not pass before end of '07 session; carried over to '08;) (H 2182, favorable committee report 3/12/08, 5/19/08; did not pass joint committee by end of 2007-2008 formal sessions 7/31/08; bills did not pass by end of 2008 session)	Reuse
MA H 2153, Rep. Koutoujian	Would expand wholesale licensure and prescription medication integrity requirements. (Filed and sent to committee 1/10/07; did not pass before end of '07 session; carried over to '08; ought to pass from committee 3/12/08; did not pass by end of 2008 session)	Safety, Whole
MA H 2160 Rep. Koutoujian	Would establish procedures for internet prescription consumer protection. (Filed and sent to committee 1/10/07; did not pass before end of '07 session; carried over to '08; ought to pass from committee 3/12/08; did not pass by end of 2008 session)	Internet
MA H 2166, S 420 Rep. Koutoujian, Sen. Moore	Would establish collaborative drug therapy management, including initiating, monitoring, modifying and discontinuing of a patient's drug therapy by a pharmacist in accordance with a collaborative practice agreement with a physician or other prescriber. (Filed 1/10/07; did not pass before end of '07 session; carried over to '08; amended by substitution of new draft 3/12; did not pass by end of 2008 session)	MTM
MA H 2197 Rep. Marzilli	Would establish a "counter-detailing" program, to "inform prescribers about drug marketing that is intended to circumvent competition from generic or other therapeutically equivalent pharmaceutical alternatives or other evidence-based treatment options. (Filed and sent to committee 1/10/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Mkt
MA H 2243 Rep. Scibak	Would require certain health care entities to participate in the 340B prescription drug discount program. (Filed and sent to committee 1/10/07; did not pass before end of '07 session; carried over to '08, ought to pass from committee 3/12/08; did not pass by the end of 2008 session)	340B
MA H 2251 Rep. Spellane	Would provide for the disclosure of certain gifts made by pharmaceutical companies. (Filed 1/9/07 and sent to committee 9/12/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Mkt
MA H 1163 H 2090 Rep. Fennell, Rep. Sannicandro	Would create a Office of Pharmacy Information, authorized to provide information on purchasing prescription drugs in the state or from Canada. (Filed and sent to committee 1/9/07; held for study; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	CL, Imp
MA H 2170, H 4520 Rep. Koutoujian	Would regulate incentive plans between insurance carriers and providers for the switching of prescriptions or medical products. (Filed 12/26/07; reported favorably as part of S 2526, but "switching" language deleted when passed Senate as S 2660; all bills did not pass by end of 2008 session)	Brand, Generic, PDL
MA H 4700, H 4900 House Ways & Means	FY09 budget would authorize (in item 4100-0060) the state "to change the pricing standard used "when determining the rate of payment to pharmacy providers for publicly-aided patients" if such a change would financially benefit the state; also would require a report on the savings realized by the MassHealth Pharmacy Program as a result of the reimbursement rate reductions for multiple source drugs. Also would allow "adjust pharmacy dispensing fees for multiple source prescription drugs to compensate for any reduction as a result of the upper limits implemented in federal law." Also appropriates $238,900,000 for the Medicare Part D clawback payment. Also appropriates (in item 9110-1455) $57,533,656 for the MA SPAP, requiring the program to act as payor of last resort in wrap-around benefits with Medicare Part D. Section 93 continues wrap-around and co-payment requirements, including full program benefits for eligible residents not eligible for Medicare. (Report by Committee 4/17/07; passed House 5/2/07; passed Senate; amended as H 4900; signed into law by governor* as Chapter 182 7/13/08)*	M, MMA, Price, S
MA S 394, S 412 Sen. Barrios, Sen. Montigny	Would "promote prescription drug affordability" by require the state to implement a program to purchase prescription drugs from Canada when such purchases become legal under federal law. (Filed 1/9/07; ; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Imp, Price
MA S 411 Sen. Montigny	Would establish the Massachusetts "prescription drug fair pricing program", using bulk purchase, a "statewide, uniform preferred drug list of covered products" and negotiated prices for prescription drugs. Would include the development of educational programs, including a counter detailing program and "the utilization of any available cost containment tools" such as clinical management, prior authorization refill controls and Rx monitoring. (Filed 1/10/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Bulk, D, PBM, PDL, Price
MA S 413 Sen. Montigny	Would restore the Medicare Part D safety net prescription drug coverage for seniors and the disabled. (Filed 1/10/07; favorable report from Joint Committee on Elder Affairs 10/25/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	MMA, S
MA S 419 Sen. Moore	Would relate to the safe administration of medications and legible prescriptions reducing medication and Rx errors. (Filed 1/9/07; favorable report from Joint Committee on Elder Affairs 10/25/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Label, Safety
MA S 428, S 2477 Sen. Tolman	Would affect prior authorizations of prescription medications. As amended, would require a process for the evaluation of drugs to be placed on the prior authorization list, to include 1) A public hearing on all medications prior to a decision being made; action within 60 days. (Filed 1/9/07; redraft favorable 1/28/08; did not pass as of 9/08; did not pass by end of 2008 session)	M, PDL
MA S 432, Sen. Tucker	Would require pharmacies to inform the Department of Public Health of medication dispensing errors. (Filed committee 1/9/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Safety
MA S 433 Sen. Tucker	Would provide continuity of prescription drug coverage under the Mass. Health Reform Act of 2006, requiring coverage of each specific prescription medication being prescribed to said insured as of the initial date of the insured's coverage under the policy that is equal to the most favorable coverage rate for any prescription medication under the policy. (Filed 1/10/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Brand, Generic
MA S 564 Sen. Baddour	Would require insurance companies to cover voice synthesizer prescription containers for people who are legally blind or visually impaired. (Filed 1/10/07; did not pass before end of '07 session; did not pass by end of 2008 session)	Label
MA S 614 Sen. Moore	Would allow for equitable pharmacy benefits between in person pharmacies and mail order pharmacies. (Filed 10/3/07; did not pass before end of '07 session; carried over to '08; set aside to study 3/19/08; did not pass by end of 2008 session)	Mail
MA S 644 Sen. Tolman	Would require insurance companies to provide large type prescription bottles for the visually impaired. (Filed 1/10/07; did not pass before end of '07 session; carried over to '08; set aside to study 3/19/08; did not pass by end of 2008 session)	Label
MA S 1250 Sen. Moore	Would relate to drug samples, requiring all patients be given full information on the product and requiring marketers to maintain written records identifying the manufacturer and the person who distributes any complimentary starter doses to prescribers, to be made available to the state upon request. (Filed 1/9/07; did not pass before end of '07 session; carried over to '08, sent to committee 3/18/08; did not pass by of 2008 session)	Mkt, Sample
MA S 1252, S 1274, S 2279 Sen. Moore	Would require certain health care professionals to file prescription ethics and responsibility confirmation statements. (Filed 1/10/07; 9/12/07; favorable committee report as S 2279, 2/28/08; bills did not pass by the end of 2008 session)	Mkt
MA Sen. Moore	Would require certain health care professionals to file prescription ethics and responsibility confirmation statements. (Filed 1/9/07; did not pass before end of '07-08 session)	Mkt
MA S 1745 Sen. Tisei	Would create new tax credits for prescription drugs. (Filed 1/15/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Tax, D
MA S 2143 Sen. Spilka	Non-binding resolution to the U. S. Congress relative to the advertising of drugs by pharmaceutical companies. (Filed 1/8/07; did not pass before end of '07 session; ought to pass as amended in committee 3/13/08; did not pass by end of 2008 session)	Mkt
MA S 2526, S 2660 Sen. Pres. Murray	Would propose (in §26) a total ban on all gifts and give-away items to doctors from pharmaceutical companies with a $5,000 fine for violations; (§10) would establish an "academic detailing" program to educate prescribers on the use of therapeutic generic and brand choices; also would require all doctors statewide to adopt electronic medical records by 2015, and (§17)mandatory reporting to the state "of any improper dispensing of prescription drugs resulting in serious injury or death;" part of a broader package of healthcare reform measures. (Filed 3/3/08; amended as S 2660 passed Senate 36y-0n, 4/17/08; sent to House 4/24/08; did not pass by end of 2008 session)	Brand, E, Generic, Mkt, Safety
MA H 4974, S 2863 Conference Comm.	Final version of cost control bill requires that most gifts from pharmaceutical manufacturers over $50 have to be reported. It also establishes (in Sec 5) a prescriber education "academic-detailing" program , mandating the state to "develop, implement and promote an evidence-based outreach and education program about the therapeutic and cost-effective utilization of prescription drugs.... that to the extent possible, the program shall inform prescribers about drug marketing that is intended to circumvent competition from generic or other therapeutically-equivalent pharmaceutical alternatives or other evidence-based treatment options." Also orders a study of joining an interstate project to evaluate "the comparative effectiveness of medical procedures, drugs, devices, and biologics." (Deleted from final version:) a complete ban on pharmaceutical companies giving free gifts to doctors and their families. (S 2863 approved by conference comm; passed Senate 38y-0n; passed House, signed into law by governor* 8/10/08)*	Mkt
MI HB 4044 SB 43 Rep. Simpson	Would repeal law providing manufacturer immunity from liability for drugs that have been approved by U.S. Food and Drug Administration. (Filed, passed House and sent to Senate 2/22/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Liability
MI HB 4045 Rep. McDowell	Would allow lawsuits within three years of repeal of state law that had prohibited suits once drugs were approved by U.S. Food and Drug Administration. (Filed, passed House 60y-49n, 2/22/07; held in Senate 12/07; carried over to '08; did not pass by end of 2008 session)*	Liability
MI HB 4046	Would clarify liability for inaccurate representation concerning risks of drugs, medications and supplements. (Filed, passed House 58y-49n, 2/22/07; held in Senate 12/07; carried over to '08; did not pass by end of 2008 session)*	Liability
MI HB 4094	Would enter Michigan into a Midwest Pharmaceutical Compact. (Filed and sent to committee 1/23/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Bulk
MI HB 4115	Would enact the Prescription Drug Fair Pricing Act. (Filed and sent to committee 1/24/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	D, Price
MI HB 6158, Rep. Valentine HB 6159 Rep. Simpson	Would require a drug manufacturer or wholesale distributor to adopt a comprehensive compliance program complying with the OIG compliance program and PhRMA code described below, file an annual report of compliance, and subject any manufacturer or distributor who did not file the annual report to administrative fines up to $500,000, depending on the nature of the violation. (Filed and referred to the Committee on Health Policy on 6/22/08; 6/26/08 motion to discharge, committee postponed for day; no further action; did not pass by end of 2008 session)
MI SB 525 Rep. Kahn	Would create a website to educate consumers about prescription prices and to provide links to public and private program websites regarding access to discounted or free prescription drug products; relates to generically equivalent drug products for brand name drug products; relates to pharmacy benefits managers. (Filed 5/23/07, passed Senate 26y-6n, 8/1/07;; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Price, generic, brand, PBM
MI SB 717 Rep. Jacobs	Would modify certain criteria regarding pharmacy labeling and require the prescriber's name on the bottle. (Filed and sent to committee 9/4/07; did not pass before end of '07 session; carried over to '08; did not pass by end of 2008 session)	Label
MI SR 134 Rep. Pappageorge	Non-binding Senate resolution memorializes the U.S. Congress and U.S. Food and Drug Administration (FDA) to establish stricter standards for the drug approval process. (Filed 1/22/08; adopted; passed in Senate* 1/29/08) \|*	-, Safety
MN HF 183	Would provide limited medical assistance coverage for individuals eligible for Medicare Part D. (Filed and sent to committee 1/17/07; did not pass by end of '07-'08 sessions 5/08) \|	MMA
MN HF 282, SF 1233	Would provide an exception for pharmaceutical products to a state "Unfair Practices" law prohibiting sales below cost where competition exists. (Filed and sent to committee 1/22/07; did not pass by end of '07-'08 sessions 5/08) \|	Price
MN HF 399 SF 900	Would establish the Long-Term Care Patient Access to Pharmaceuticals Act. (Filed and sent to committee 1/29/07; passed Senate 4/23/07 and sent to House; did not pass before end of session) \| (HF 399 Filed and sent to committee; did not pass by end of '07-'08 sessions 5/08) \|	-
MN HF 1041	Would establish a controlled substances prescription electronic reporting system. (Filed and sent to committee 2/15/07; did not pass by end of '07-'08 sessions 5/08) \|	E
MN HF 1722	Would change the pharmacy dispensing fee. (Filed and sent to committee 3/5/07; did not pass by end of '07-'08 sessions 5/08) \|	M
MN HF 1849	Would not allow an online or patient survey to be enough to allow a prescription to be filled in the state and requires an actual medical condition and/or exam. (Filed and sent to committee 3/8/07; did not pass by end of '07-'08 sessions 5/08) \|	E
MN HF 1984	Would allow the return of prescription drugs from pharmacies in certain situations. (Filed and sent to committee 3/12/07; did not pass by end of '07-'08 sessions 5/08) \|	Reuse
MN HF 2639, SF 2941 Rep. Gottwalt	Changes provisions for prescribing legend drugs, including expanding terms for a state repository and reuse of unused drugs program. (Filed 1/22/08; SF 2941 passed Senate; passed House; signed into law by governor* as Chapter 327, 5/15/08) \|*	Reuse, Safety
MN SF 2	Among other things, would change medical assistance coverage for Medicare Part D co-payments, create a prescription drug discount program, and co-payments for medical assistance care. (Filed and sent to committee 1/4/07; did not pass by end of '07-'08 sessions 5/08) \|	Copay, D, MMA
MN SF 71	Would eliminate the co-payments for medical assistance and general assistance medical care and would cover Medicare Part D co-payments for dual eligibles. (Filed and sent to committee 1/11/07; did not pass by end of '07-'08 sessions 5/08) \|	Copay, MMA
MN SF 73	Would create a prescription drug discount program. (Filed and sent to committee 1/11/07; did not pass by end of '07-'08 sessions 5/08) \|	D
MN HF 708	Among other things, would require the commissioner of human services to reimburse low-income Medicare enrollees for Medicare Part D cost-sharing and out-of-pocket costs and provides limited medical assistance coverage for individuals eligible under Medicare Part D. (Filed and sent to committee 2/8/07; did not pass by end of '07-'08 sessions 5/08) \|	MMA, S
MN SF 714	Would establish a prescription electronic reporting system for controlled substances. (Filed and sent to committee 2/12/07; did not pass by end of '07-'08 sessions 5/08) \|	E
MN SF 896	Would extend prompt payment requirements to pharmacy benefit managers and pharmacies. (Filed and sent to committee 2/15/07; did not pass by end of '07-'08 sessions 5/08) \|	PBM
MN SF 900	Would establish the Long-Term Care Patient Access to Pharmaceuticals Act. (Filed and sent to committee 2/15/07; did not pass by end of '07-'08 sessions 5/08) \|	-
MN SF 3780 Sen Berglin	As part of a "Health Insurance Purchasing and Affordability Reform," establishes a statewide standard for all electronic or "e-prescribing." It requires all providers, group purchasers, prescribers, and dispensers to establish and maintain an electronic prescription drug program for transmitting prescriptions and prescription-related information using electronic media. It does not require the use of electronic transmitting but, if it is used, then it must be done electronically using the standards described in the section (§62J.497.) (Passed Senate and House; signed in to law by governor* as Chapter 358 of 2008, 5/22/08)*	E
MS HB 990 Rep. Lane	Would require pharmaceutical companies to report all gifts and other economic benefits provided to physicians and nurse practitioners. (Filed 2/4/08; died; did not pass committee 2/19/08; did not pass by end of 2008 session)\|	Mkt
MS SB 2047 Sen. Wilemon	Requires results of clinical trials of drugs to be registered with health care providers. (Filed 1/14/08; died; did not pass committee 2/19/08; did not pass by end of 2008 session)	Trials
MS SB 2131 Sen. Davis	Would expand inmate health care cost options by authorizing multi-state bulk purchasing or as allowed by federal regulation, "may seek to establish relationships with and negotiate with other countries for Rx agency purchases. (Filed 1/17/08; died; did not pass committee 2/19/08; did not pass by end of 2008 session)	Bulk, Imp
MS HB 841, SB 2536 Sen. Mettetal	Prescribes uniform standards for audits by pharmacy benefits management plans, providing protections for pharmacies and pharmacists. (Filed 1/31/08; passed House; passed Senate; signed into law by governor* 4/3/08) \|*	PBM
MO HB 1328 Rep. Stater	Would prohibit the use, sale, transfer, or licensing of any prescription information that contains patient- or prescriber- identifiable data for commercial purposes that includes advertising, marketing, promotion, or other activities used to influence sale and market shares of pharmaceuticals; provides exemptions. (Filed 1/9/08; did not pass by end of session 5/16/08) \|	Privacy
MO HB 1414 Rep. Fallert	Would expand eligibility for the Missouri Rx Plan to retired persons 65 years of age or older with incomes of up to $25,000 for individuals and $50,000 for married couples. (Filed 1/9/08; did not pass by end of session 5/16/08) \|	MMA, S
MO HB 1558 Rep. Hughes	Would establish the Missouri Universal Health Insurance Act to provide comprehensive and necessary health care services. Would require the program to establish a prescription drug formulary system, which shall encourage best-practices in prescribing and discourage the use of ineffective, dangerous, or excessively costly medications when better alternatives are available. (Filed 1/9/08; did not pass by end of session 5/16/08) \|	PDL, Reform
MO HB 1805 Rep. Schaaf	Would allow enrollees to pay the lower of the copayment assigned by the health maintenance organization or health insurer or the usual and customary retail price of the prescription drug. (Filed 1/24/08; did not pass by end of session 5/16/08) \|	Price
MT	No 2008 regular session	.
NE LB 308 Sen Stuthman	Creates the Automated Medication System Act; prohibits an automated machine that dispenses or delivers other than by administration, prescription medication directly to a patient or caregiver, and may be operated only in a licensed pharmacy. (Filed 1/16/07; carried over to '08; passed Senate; signed into law by governor* 4/21/08)*	Auto, -
NE LB 400 Sen. Johnson	Would require an audit of Medicaid drug rebate payments. (Filed 1/17/07; did not pass before end of '07 or '08 sessions 4/15/08) \|	M, Price
NE LB 675	Would require disclosures by pharmaceutical manufacturing companies. (Filed and sent to committee 1/19/07; indefinitely postponed 5/31/07; did not pass before end of '07 or '08 session) \|	Mkt
NE LB 699	Would enact the Healthy Nebraska Rx Card Program Act. (Filed and sent to committee 1/19/07; indefinitely postponed 5/31/07; did not pass before end of '07 or '08 session) \|	D
NE LB 759, LB 866 Sen. Preister	L 759 provides that prescription drugs delivered to a correctional facility or a jail for dispensing to an inmate and is not so dispensed may be relabeled and re-dispensed. L 866 would establish the Chronic Disease Drug Repository Program Act. (Filed 1/9/08; did not pass before end of '08 session)	Reuse
NE LB 830 Sen. Lathrop	Requires that the state "establish and maintain a preferred drug list" for Medicaid and create a Pharmaceutical and Therapeutics Committee to design the PDL. Antidepressant, antipsychotic and anticonvulsant prescription drugs are exempt from PDL restrictions. Also requires the state to enter "into a multistate purchasing pool, negotiate directly with manufacturers or labelers or contract with a pharmacy benefit manager for negotiated discounts or rebates for all prescription drugs under the medical assistance program in order to achieve the lowest available price for such drugs under such program." Includes proposed $1 million for start-up costs, to be effective January 2009. DELETED from final bill: Would create the Prescription Drug Cost Savings Act and create The Healthy Nebraska Rx Card Program, to provide discounts for residents who are eligible for Medicare or have family income of less than 300% of the federal poverty level. Would allow use of Medicaid prior authorization if manufacturers fail to negotiate discounts. (Filed 1/10/08; signed into law by governor* 4/17/08)*	Bulk, M, PDL D
NE LB 882 Sen. Johnson	Provides that on the discharge from a treatment facility, an indigent person who has received mental-health-board-ordered treatment may file an affidavit with the Department of Health and Human Services requesting prescription medicine which the regional center treating psychiatrist or the patient's treating physician has prescribed as necessary for the patient's mental health treatment be provided to him or her. (Filed 1/14/08; did not pass before end of '08 session)	S
NE L 940 Sen. Kruse	Would state legislative intent to increase payments for pharmacy dispensing fees under the Medical Assistance Program. (Filed 1/15/08; did not pass before end of '08 session)	M, Price
NV	No 2008 regular session	.
NH SB 61	Would require pharmaceutical manufacturers to disclose certain information to the secretary of state (Filed 2/1/07; failed to pass Senate 4/12/07; did not pass by end of '08 session) \|	Mkt
NH HB 567	Would regulate pharmacy benefit manager. (Filed and sent to committee 1/4/07; ought not to pass 11/13/07; did not pass by end of '08 session) \|	PBM
NH HB 386	Would establish a pharmaceutical marketing disclosure law. (Filed and sent to committee 1/4/07; failed to pass House 3/21/07; did not pass by end of 2008 session)\|	Mkt
NH HB 615	Would permit a state pharmacist to dispense a ninety-day supply of a prescription drug, with no price differential for a nonresident or mail order pharmacy. (Filed and sent to committee 1/29/07; failed to pass House 4/14/07; did not pass by end of 2008 session) \|	Mail, Price
NH HB 697	Would relate to responsible prescription drug advertising. (Filed and sent to committee 2/12/07; failed to pass House 3/27/07; did not pass by end of 2008 session) \|	Mkt
NH HB 628	Would establish the New Hampshire Rx advantage program. (Filed and sent to committee 2/7/07; retained in committee for action in second year of session 4/5/07; did not pass by end of 2008 session) \|	D, S
NH HB 630	Would establish an electronic controlled drug prescription monitoring program. (Filed and sent to committee 2/9/07; retained in committee for action in second year of session 3/20/07; did not pass by end of 2008 session) \|	E
NH HB 831	Would require pharmacies to notify consumers when their prescriptions will need to be renewed before they may be refilled. (Filed and sent to committee 2/21/07; failed to pass House 3/27/07; did not pass by end of 2008 session) \|	-
NH HB 1167 Rep. Wendelboe	Clarify the law regarding the substitution of generically equivalent drug products; providing that pharmacies, including mail-order pharmacies, may substitute generically equivalent drug products for all legend and non-legend prescriptions unless the prescribing practitioner hand writes medically necessary on each paper prescription, or uses electronic indication. (Filed 1/2/08; carried over to '08; passed House and Senate; signed into law by governor* as Chapter 23 of 2008, 5/12/08) \|*	Brand, Generic
NH HB 1230 Rep. Rosenwald	Requires pharmacists to charge an insured person the usual and customary price or the copayment, whichever is less, when filling a prescription. (Filed 1/2/08; passed House; passed Senate; signed into law by governor* as Chapter 29 of 2008, 5/12/08) \|*	Price
NH HB 1371 Rep. McKay	Reauthorizes and extend the Legislative Commission to Study Pharmaceutical Costs and the 340B Drug Pricing Program; Report Date extended to November 1, 2008 (Filed 1/2/08; passed House; passed Senate; signed into law by governor* as Chapter 152 of 2008, 6/6/08) \|*	340B, Price
NH H 1396 Rep. Rosenwald	Requires that a prescription be ordered only as part of "a practitioner-patient relationship" by rewriting the definitions of prescription to include the "medical connection between a licensed practitioner and a patient that includes an in-person exam, a history, a diagnosis, a treatment plan" and documentation of all drugs and dosages. Prohibits a prescription to be ordered by submission of an electronic or on-line medical history form that fails to establish a valid practitioner-patient relationship. (Filed 1/2/08 passed House; passed Senate; signed into law by governor* as Chapter 217 of 2008, 6/16/08) \|* )	Internet, Privacy
NH H 1513 Rep. Rosenwald	Requires the Commissioner of the Department of Health and Human Services to establish an evidence-based prescription drug "counter-detailing" education program to provide health care providers with information and education on the therapeutic and cost-effective utilization of prescription drugs. (Filed 1/2/08; passed House 3/5/08; passed Senate; signed into law by governor* as Chapter 119, 6/3/08) \|*	Mkt
NH H 1518 Rep. Donovan	Establishes prescription drug marketing restrictions and disclosures; provides that no pharmaceutical manufacturer agent shall knowingly and willfully offer or give to a health care practitioner or certain other persons a gift of any value; establishes advertising and marketing reporting requirements for manufacturers. (Filed 1/2/08; did not pass House 3/5/08; did not pass by end of 2008 session)	Mkt
NH H 1560 Rep. Ehlers	Would allow nursing home residents who are enrolled in Medicare Part D or a Medicare Advantage Plan with prescription coverage to participate in the New Hampshire pharmaceutical assistance program; makes an appropriation to purchase pharmaceuticals for nursing home residents who are eligible for services under both Medicaid and Medicare. (Filed 1/2/08; did not pass House 1/30/08; did not pass by end of 2008 session) \|	M, MMA, S
NH H 1587 Rep. Rosenwald	Would establish procedures for access to personal health care information that is in the possession of prescribers, pharmacists and other health care providers; specifying the rights of the individual who is the subject of the personal health care information; would establish a commission to develop a uniform permission to disclose personal health care information form. (Filed 1/2/08; sent to study; did not pass House 4/11/08; did not pass by end of 2008 session)	Privacy
NH S 301 Rep. Clegg	Requires insurers to cover prescriptions filled near the patient's residence especially for durable medical equipment requiring a prescription.. (Filed 1/2/08; passed Senate; passed House; signed into law by governor* as Chapter 311 of 2008, 7/2/08) \| )*	-
NJ A 137, S 149 Asm. Ramos, Sen. Allen	Would provide for automatic enrollment in Pharmaceutical Assistance for the Aged and Disabled (PAAD) SPAP and Senior Gold programs under certain circumstances. (Filed and sent to committee 1/8/08; did not pass in 2008; may be subject to carryover in 2009)	S
NJ A 368, A 1799 S 546, S 1162 Asm. Diegnan, Sen. Sweeney	Would establish the New Jersey Pharmacy Discount Prescription Drug Program in Department of Health and Senior Services. DHSS is to administer the program by entering into contracts with pharmacies throughout the State which agree to offer discounts on prescription drug prices to qualified residents. The program will not provide for deductibles, restrictive formularies, quantity restrictions, or exclusions for pre-existing conditions, or require the use of mail order pharmacies. Any resident lacking Rx insurance coverage may apply. A 1799 and S 1162 would create the New Jersey Fair Market Drug Pricing Act and New Jersey Rx Card Program. (Filed and sent to committees 1/8/08; did not pass in 2008; may be subject to carryover in 2009)	D
NJ A 452 Asm. Malone	Would increase pharmacy dispensing fees under Medicaid and Pharmaceutical Assistance for the Aged and Disabled by $1.00 over three-year period; appropriates $6,481,000 in State funds and $3,325,000 in federal funds. (Filed and sent to committee 1/8/08; did not pass in 2008; may be subject to carryover in 2009)	M, S
NJ A 544 Asm. Dancer	Would extend eligibility for Pharmaceutical Assistance for the Aged and Disabled to persons disabled under certain federal programs. (Filed and sent to committee 1/8/08; did not pass in 2008; may be subject to carryover in 2009)	S
NJ A 754 Asm. Prieto	Would restrict gifts from drug companies to health care professionals and prohibits health care professionals with financial ties to drug companies from serving on health care facility formulary committees. (Filed and sent to committee 1/8/08; did not pass in 2008; may be subject to carryover in 2009)	Mkt
NJ A 996 Asm. Cruz-Perez	Would prohibit certain insurance carriers from requiring pharmacies to accept reimbursement below pharmacy cost and eliminates Board of Pharmacy approval of certain pharmacy charges. (Filed and sent to committee 1/8/08; did not pass in 2008; may be subject to carryover in 2009)	Price
NJ A 1473	Would establish the New Jersey Rx Program to reduce prescription drug prices. (Filed and sent to committee 1/8/08; did not pass in 2008; may be subject to carryover in 2009)	D
NJ A 1799, S 1162 Asm Albano	Would create the New Jersey Fair Market Drug Pricing Act and establish the New Jersey Rx Card Program to reduce prescription drug prices. (Filed and sent to committee 1/24/08; did not pass in 2008; may be subject to carryover in 2009)	D
NJ A 1803 Asm. Albano	Woud establish a Pharmacy Quality Improvement and Error Prevention Act. (Filed and sent to committee 1/8/08; did not pass in 2008; subject to carryover in 2009)	Safety
NJ A 1856, A 1857 Asm. Conaway	Would expand eligibility for Pharmaceutical Assistance for the Aged and Disabled and Senior Gold programs by excluding certain Medicare premiums in determining eligibility. (Filed and sent to committee 1/24/08; did not pass in 2008; may be subject to carryover in 2009)	S
NJ A 1858 Asm. Conaway	Would establish State Medicare Part D Assistance and Information Act. (Filed and sent to committee 1/24/08; did not pass in 2008; may be subject to carryover in 2009)	CL
NJ A 2030, S 906 Asm. Dancer	Would require pharmacists to notify consumers when prescribed medications are substituted with generic drugs. (Filed and sent to committees 1/8/08, 1/28/08; did not pass in 2008; may be subject to carryover in 2009)	Brand, Generic
NJ A 2037 Asm. Gusciora	Would increase income eligibility limits for Pharmaceutical Assistance for the Aged and Disabled program and Senior Gold Prescription Discount Program by $5,000. (Filed and sent to committees 1/28/08; did not pass in 2008; may be subject to carryover in 2009)	S
NJ SR 32	Would request or memorialize Congress and President to enact legislation to eliminate the prescription drug coverage gap or "donut hole" in Medicare Part D. (Filed and sent to committees 1/28/08; did not pass in 2008; subject to carryover in 2009)	MMA, S
NM HB 62 Rep. Heaton	Would establish the "Health Solutions New Mexico Act" to achieve universal health coverage, contain health care costs and improve health care access and quality. Would require the state, "to the extent not otherwise required or available by law or rule, define, collect, monitor and report" to promote consumer access to and information about innovative, efficacious and cost-effective pharmaceuticals." (Filed; favorable committee report 1/20/08; passed House 37y-31n; did not pass by end of regular session 2/14/08)\|	CL, D, Reform
NM HB 381 Rep. Barreras	Would provide for the donation of cancer drugs and medical devices. (Filed and sent to committee 1/23/08; did not pass by end of regular session 2/14/08)\|	Reuse
NM SB 3 Sen. Cisneros	Would enact the "Health Security Act" to provide for comprehensive statewide health care; provides for health care planning; establishes procedures to contain health care costs. Includes provisions to "adopt rules necessary to implement and monitor a preferred drug list, bulk purchasing or other mechanism to provide prescription drugs and a pricing procedure for nonprescription drugs, durable medical equipment..." (Filed and sent to committee 12/12/07; did not pass by end of regular session 2/14/08)\|	Bulk, PDL, Price, Reform
NM SB 113 Sen. Snyder	Would provide for an income tax credit for New Mexico residents sixty-five years of age or older for unreimbursed expenditures for prescription drugs. (Filed 1/16/08; favorable committee report 1/24/08; did not pass by end of regular session 2/14/08)\|	Tax
NM SB 354, SB 421 Sen Jennings, Sen. Papen	Would provide for appropriation and expenditures of a prescription drug program "serving persons covered by the Medical Insurance (high risk) Pool Act" instead of persons over age 65; provided that the Board enters into an arrangement with a state agency or a state-created entity for the operation of the program. (Filed 1/16/08; SB 421 favorable committee report 1/24/08; passed Senate 33y-0n; passed House 61y-0n; signed into law by governor* 3/08)*	D, S
NY Public health Law §70-a	Public health law § 70-a was amended by adding a new section 276-b on prescriber education as part of the 2008 budget bill. The Department of Health and Human Services is to collaborate with an academic institution to "provide prescribers with an evidence-based, non-commercial source of the latest objective information about pharmaceuticals" (academic detailing). (Enacted law as part of budget 4/08)	Mkt
NY A 29 S 86 Sen. Padavan	Would provide for the proper packaging and labeling of prescription drugs and created penalties for intentional fraudulent tampering and forgery. (Filed 1/3/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Label
NY A 656a Asm. Christensen	Would establish a drug repository program to accept and dispense donated, unused prescriptions and exempts the donors and dispensers from criminal tort or liability. (Filed 1/3/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass at end of 2008 session)	Reuse
NY A 840 Asm. Englebright	Would prohibit the disposal of Rx in a landfill and require Rx manufacturers to establish Rx collection programs to accept unused or expired Rx from consumers for environmentally friendly disposal. (Filed 1/3/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	-
NY A 1014 Asm. Gottfried	Would restore medical assistance wrap around coverage for Medicare Part D drugs. (Filed 1/3/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	MMA
NY S 316 Sen. Golden	Would create a prescription drug program where suppliers pay rebates for drugs purchased by participants at retail rates. (Filed 1/3/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	D, S
NY S 323 Sen. Golden	Would establish the Rx bulk purchasing cooperative program to reduce the cost of Rx. Would also improve access and provide educational outreach. (Filed 1/3/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Bulk
NY S 455 Sen. Golden	Would provide the Rx reimportation protection program for the investigation of the sale of unsafe Rx including internet sales. (Filed 1/3/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Imp, Safety
NY A 1279, S 652 Asm. Englebright	Would provide that residential health care facilities may return and redistribute unused medication. (Filed 1/3/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Reuse
NY A 1547 Asm. Brodsky	Would expose manufacturers of prescription drugs or medical devices, who engage in direct to consumer advertising, to civil liability where adequate warnings are not provided; provides factors that may be considered in determining whether the warnings were adequate. (Filed 1/10/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Liability, Mkt
NY A 1550 Asm. Brodsky	Would require manufacturers and labelers of prescription drugs dispensed in the state that engage in marketing activities in this state to annually report marketing expenses to the Department of Health; imposes a $10,000 civil fine for failure to report. (Filed 1/10/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Mkt
NY S 582 Sen. Nozzolio	Would increase the income limits on the elderly pharmaceutical insurance coverage program (EPIC) to $42,000 for single and $65,000 for married couples. (Filed 1/3/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	S
NY A 1654, S 118 Asm. Englebright	Would provide for cost of living and marriage penalty adjustments to eligibility standards for the EPIC Rx program. (Filed 1/10/07; carried over from 2007 and re-sent to committees 1/9/08; did not pass by end of 2008 session)	S
NY A 1757 Asm. Crouch	Would authorize a pharmacist to substitute a brand name prescription drug for the generic equivalent of such drug if requested to do so by the patient; if done the pharmacist must record the request. (Filed 1/11/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Brand, Generic
NY A 2076 Asm. Jacobs	Would require the state board of pharmacy, in conjunction with the state consumer protection board, to prepare and publish a guide explaining the purpose, function and availability of generic drugs; requires prescribers of drugs not approving a generic substitution to inform the patient of the reasons for such non-approval. (Filed 1/12/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Brand, Generic
NY A 2202 Asm. John	Would direct the Office of General Services to study and report on procurement strategies and practices that may lower the cost of prescription drugs to the state, municipalities, and state residents. (Filed 1/16/07; carried over from 2007 and amended by committee 2/4/08; did not pass by end of 2008 session)	Study
NY A 2249 Asm. Ortiz	Would establish the Medicaid prescription senior eligibility expansion program in order to extend prescription drug coverage to qualified Medicare beneficiaries and special low-income medicare beneficiaries. (Filed 1/16/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	MMA, S
NY A 2274a Asm. Jacobs	Would require all pharmaceutical clinical trials and studies to be posted on a website to provide public with full disclosure; provides definitions; requires the commissioner to collect and post; monitor the website for compliance; provides public service announcements; imposes $25k fine for violators; requires annual reporting to the legislature. (Filed 1/16/07; amended, carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Trials
NY A 2441 Asm. Weprin	Would exclude from the definition of "income" the out of pocket expenses for all medical and prescription drugs not reimbursed or paid for by insurance in determining eligibility for the real property tax exemption relating to the Senior Citizen Rent Increase Exemption. (Filed 1/17/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Tax
NY A 2519 Asm. McDonough	Would require prescriptions to be typewritten, electronically printed or handwritten in ink or indelible pencil in a legible manner; requires that handwritten prescriptions shall only be written in print letters; prohibits the use of script letters in handwritten prescriptions. (Filed 1/17/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Label
NY S 1308, A 2686 Asm. Stachowski	Would establishes in the department of health a controlled substances prescription tracking program; requires pharmacists to electronically submit all prescriptions of controlled substances into a computerized central data system; authorizes the program to charge a fee for data retrieval and maintenance. (Filed 1/18/07; carried over and re-sent to committee 1/9/08; did not pass by end of 2008 session)	E, Monitor
NY A 2758 Asm. Mayersohn	Would make it illegal to knowingly alter, mutilate, destroy, obstruct, obscure or remove, by means of a sticker, tag or other device used to deter theft, or a price sticker, or otherwise, the whole or any part of the label including where applicable the expiration date displayed thereon, of any over-the- counter drug or cosmetic. (Filed 1/19/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Label
NY A 2808, Asm. Colton A 3213 Asm. Barra	Would prohibit health insurers from requiring that the insured purchase prescribed drugs from a mail order pharmacy or pay a co-pay fee when such purchases are not made from a mail order pharmacy if a similar fee is not charged for drugs from a mail order pharmacy. (Filed 1/19/07; carried over from 2007 and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Mail, Price
NY A 2896 Asm. V. Lopez	Would provide that medical assistance for prescription drugs shall be limited to reimbursable amounts for comparable generic drugs if generic drugs are available throughout the state. (Filed 1/19/07; carried over and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Price, M
NY A 3598a Asm. Gottfried	Would authorize the commissioner of health to create a system to incorporate co-payments billed to a recipient under Medicare Part D towards the recipient's total annual co-payments under medical assistance. (Filed 1/26/07; carried over and re-sent to committee 1/9/08, amended 1/16/08; did not pass by end of 2008 session)	M, MMA
NY A 3645 Asm. Raia	Would exclude from personal income taxation moneys paid by a taxpayer over the age of sixty-five for prescription drugs whose New York adjusted gross income is below or equal to $60,000. (Filed 1/26/07; carried over and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Tax
NY A 3804, S 1286 Asm. Schimminger	Would establish a corporate Franchise Tax credit for co-payments for prescription drugs which are not collected by pharmacies pursuant to federal law or regulations. (Filed 1/29/07; carried over and re-sent to committees 1/9/08; did not pass by end of 2008 session)	Copay, Tax
NY A 3848 Asm. Gottfried	Would create the Prescription Drug Assistance Program to provide access to prescription drugs at reduced costs and establish the Prescription Drug Assistance Board. (Filed 1/29/07; carried over and re-sent to committee 1/9/08; did not pass by end of 2008 session)	D, S
NY A 4075 Asm. Ramos	Would provide that every insurance policy that provides coverage for prescription drugs shall insure that there is continuous coverage of a single source drug that is part of a prescribed therapy until such prescribed therapy is no longer medically necessary for the enrollee of such policy; defines single source drug. (Filed 1/31/07; carried over and re-sent to committee 1/9/08; did not pass by end of 2008)	Brand
NY A 4217 Asm. Lafayette	Would prohibit price discrimination by manufacturers of prescription drugs in the price they offer drugs for sale to various purchasers or wholesalers; requires manufacturers to offer such drugs on the same terms they offer to their most favored purchasers; provides penalties for violation and exempts labor organizations from such provisions. (Filed 1/31/07; carried over and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Price
NY A 4531, S 27	Would prevent health insurers from denying reimbursements to insureds for using an unapproved or out of network pharmacy; would allow any willing pharmacy (AWP) provider to participate. (Filed 1/3/07; carried over and re-sent to committee 1/9/08; did not pass by end of 2008 session)	AWP
NY A 4734 Asm. P. Rivera S 5294	Would allow the dispensing of a 3 month supply of a drug or controlled substance when used for a chronic condition. Would prohibit insurance companies from reducing reimbursement or charging a higher deductible or copay for a 3 month supply. (Filed 2/6/07; carried over and re-sent to committees 1/9/08; did not pass by end of 2008 session)	Price
NY A 4814, S 2667 Asm. Mayersohn	Would require prescriptions to be electronically printed or handwritten in legible printing. Prohibits use of script letters in handwritten prescriptions. (Filed 2/6/07; carried over and re-sent to committees 1/9/08; did not pass by end of 2008 session)	Label
NY A 4883 Asm. Burling	Would make diversion and illegal possession of prescription medications and devices a 5th to 1st degree crime. (Filed 2/8/07; carried over and re-sent to committee 1/9/08; did not pass by end of 2008 session)	Safety
NY A 4914 Asm. Burling	Would lower copays in the EPIC program for certain participants. (Filed 2/8/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	Copay, S
NY A 5521 Asm. Cole	Would provide for annual cost of living adjustments to be made in the income eligibility levels for participation in the program for elderly pharmaceutical insurance coverage (EPIC) in accordance with adjustments made for social security benefits. (Filed 2/16/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	S
NY A 5610 Asm. Kolb	Would authorize the creation of a benefit evaluation commission and pharmaceutical fee schedule. (Filed 2/20/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	Price, Study
NY A 6100, S 3299 Asm. Morelle, Sen. Lavalle	Would prohibit insurance companies from limiting the quantity of drugs dispensed per prescription and increase amount from 30 to 90 days. The sponsors claim "The limit on the quantity of prescription drugs to a 30 day supply causes patients to pay additional co-payments to receive the quantity prescribed. Additional trips and co-payments to the pharmacists sometimes overburden the patient, especially elderly patients." (Filed 3/2/07; carried over and re-sent to committees 1/9/08; did not pass at end of 2008 session)	-
NY A 6278 Assm. Benjamin	Would allow the creation of a drug guide for seniors regarding the drugs commonly used by people over 55 years of age. (Filed and sent to committee 3/6/07; passed Assembly 6/20/07; carried over and re-passed Assembly 1/9/08; sent to committee 3/17/08; did not pass at end of 2008 session)	CL
NY A 6341, S 2642 Assm. Gottfried	Would regulate pharmacy benefit management and the procurement of prescription drugs to be dispensed to patients, or the administration or management of prescription drug benefits, including requirement for a "trust" relationship with clients of the PBM, written reports on the terms and conditions of financial arrangements with pharmaceutical manufacturers and wholesalers and prohibiting the PBM substituting any drug for one originally prescribed, except with the prior consent of the prescriber or as specified by law. (Filed 3/7/07; passed Assembly 6/6/07; carried over and re-passed Assembly 1/9/08; did not pass at end of 2008 session)	PBM
NY A 7422 Asm. Hyer-Spencer	Would increase the income limits on the elderly pharmaceutical insurance coverage (EPIC) program to $37,500 for single and $65,000 for married couples (Filed 4/3 /07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	S
NY A 7468a, S 2971 Asm. Gottfried, Sen. Maziarz	Would require pharmaceutical drug manufacturers and wholesalers to annually report, for disclosure to the general public, all of its gifts to health care practitioners that prescribe drugs when such gifts have a certain value. (Filed 2/16/07; passed Assembly and sent to Senate 6/22/07; carried over and amended 1/9/08; did not pass by end of 2008 session)	Mkt
NY A 7923 S 511 Sen. Maziarz	Would provide that an individual shall not become ineligible under the Elderly Pharmaceutical Indemnity Program (EPIC) due to an increase in Social Security benefits or a public or private pension. (Filed 1/3/07; carried over and re-sent to committees 1/9/08; did not pass at end of 2008 session)	S
NY A 8028, S 455 Asm. Englebright, Sen. Golden	Would provide for the prescription drug reimportation protection program for the investigation of the sale of unsafe drugs including internet sales. (Filed 1/3/07, 5/2/07; carried over and re-sent to committees 1/9/08; did not pass at end of 2008 session)	Imp, Internet
NY A 9399 Asm. Brodsky	Would prohibit manufacturers and distributors of prescription drugs from deducting the costs of advertising such drugs to consumers from their corporate or personal income taxes. (Filed 9/12/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	Mkt
NY S 1211	Would provide that no prescription for a controlled substance shall be on a prescription form which authorizes any other drug or controlled substance; provides that the total number of drugs, which may not exceed three, included on a single prescription form shall be indicated in a box on such form. (Filed 1/17/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	E
NY S 1441	Would create a temporary State commission to study and evaluate Medicaid reimbursement plans and rates for prescription drugs and potential cost-saving measures related thereto. (Filed 1/19/07; carried over and re-sent to committee 1/9/08; did not pass by end of 2008 session)	M, Study
NY S 1748 Sen. Sabini	Would require all pharmaceutical clinical trials and studies to be posted on website to provide public with full disclosure; provides definitions; requires the Commissioner of Health to collect and post, monitor the website for compliance and provide public service announcements; creates task force on clinical trials and studies. (Filed 1/25/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	Trials
NY S 1776 Sen. Golden	Would create the state pharmaceutical local choice program to require that prescription drug plans within health insurance policies permit insureds to purchase pharmaceuticals from and "willing" local pharmacies (AWP). (Filed 1/25/07; to 3rd Reading; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	AWP
NY S 2005	Would require manufacturers engaging in direct to consumer advertising to prescription drugs to clearly state the primary function of the prescription drug in such advertisement. (Filed 1/30/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	Mkt
NY S 2009	Would require insurers to allow insures to obtain prescribed drugs and medical devices directly from a participating pharmacy where such insurer otherwise requires purchase of such drugs from a mail order pharmacy. (Filed 1/30/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	Mail
NY S 2056 Sen. Defrancisco	Would prohibit the sale of information listed on prescriptions that identifies specific patients or persons legally authorized to issue a prescription; provides exceptions; provides violations enforced by commissioner of education; provides that violations result in $1000 civil penalty per violation. (Filed 1/30/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	Mkt
NY S 2644 A 5178a	Would allow those eligible for social security disability insurance to be eligible for EPIC Rx program. (Filed and sent to committee 2/8/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	S
NY S 2976a	Would prohibit Medicaid's use of any prior approval or preferred drug list requirements for AIDS, HIV, infection or hepatitis C. (Filed 2/16/07; amended 12/14/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	M, PDL
NY S 3028 Sen. Seward	Would limit copayments for prescription drugs to no more than the retail price of such drug. (Filed 2/20/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	Copay, Price
NY S 3340 Sen. Krueger	Would define pharmaceutical benefits manager (PBM) as an entity that administers, develops formularies for, provides professional support for or performs utilization review for a health maintenance organization's, or an insurer's, pharmaceutical benefits; provides for disclosure of information on pharmaceutical benefits managers by HMOs and in health insurance contracts, including ownership. (Filed 3/5/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	PBM
NY S 3357 Sen. Kruger	Would requires a cost/benefit analysis of pharmaceutical advertising and promotional activities associated with the provision of prescription drugs to citizens in this state. (Filed 3/5/07; carried over and re-sent to committee 1/9/08; did not pass at end of 2008 session)	Mkt
NY S 6813 Sen. Maziarz	Would require the packaging on prescribed drugs to include a label which lists the country of origin of the prescribed drug. (Filed and sent to committee 1/24/08; did not pass at end of 2008 session)	Imp, Label
NC S 159 Sen. Forrester	Would prohibit the license, transfer, use, or sale of pharmacy prescription information for commercial purposes. (Filed 2/14/07; did not pass in 2007 or 2008 sessions 7/25/08) \|	Mkt, Privacy
ND	No 2008 regular session	.
OH HB 39 Rep. Skindell	Would require manufacturers and labelers of dangerous drugs to disclose to the Director of Health the value, nature, and purpose of certain gifts, fees, payments, subsidies, and other economic benefits they provide in connection with pharmaceutical detailing, marketing, or promotion. (Filed and sent to committee 2/21/07; did not pass before end of '07 session; carried over to '08; did not pass at end of 2008 session)	Mkt
OH HB 283 Rep. Webster	Would allow a pharmacy school to accept "dangerous drugs" or expired products for instructional purposes only. (Filed and sent to committee 9/11/07; did not pass before end of '07 session; carried over to '08; signed into law by governor* as Chapter 114 on 06/12/08)*	-
OH HB 456 Rep. Raussen	Would authorize and create a "prescription drug system where pharmacies on a statewide basis have access to the eligibility and pricing of all prescription drugs as established in a contract for pharmacy benefit management services and the payment for reimbursement for prescription drugs." Would define the Office of Pharmaceutical Purchasing Coordination in the department of administrative services. (Filed and sent to committee 1/31/08; did not pass at end of 2008 session)	Bulk, E
OK HB 1084; new# Rep. Wesselhoft	Would create the Oklahoma Pharmacy Connection Program including the feasibility of implementing a computer software program that would link eligible persons with appropriate manufacturer-sponsored prescription drug assistance programs and a review and assessment of pharmaceutical discount or insurance programs. (Filed 1/07; passed House and sent to Senate 3/15/07; did not pass before end of '07 session; carried over to '08)	CL, D
OK HB 1330 Rep. Martin	Would add mental health drugs to the preferred drug list that cannot be substituted. (Filed 2/6/07; failed; did not pass before end of '07 or '08 sessions) \|	PDL
OK HB 1899 Rep. Hamilton	Would provide for the Board of Pharmacy to promulgate rules allowing pharmacies to sell discounted pharmaceuticals to certain persons; provides for certain information to be displayed on a certain website. (Filed 2/6/07; failed; did not pass before end of '07 or '08 sessions) \|	D
OK HB 1918 Rep. Richardson	Would provide for the Board of Pharmacy to establish a procedure to purchase certain pharmaceuticals; provides penalty for the sale of counterfeit pharmaceuticals. (Filed 1/22/07; failed; did not pass before end of '07 or '08 sessions) \|	Whole
OK HB 1938 Rep. McMullen	Would require the registration of pharmaceutical sales representatives with a state commission; specifies fees; provides for registration forms, reports and termination procedures. (Filed 1/22/07; failed; did not pass before end of '07 or '08 sessions)\|	Mkt
OK HB 1991 Rep. McCaffrey	Would provide for transfer of unused drugs from certain facilities. (Filed, passed House 2/22/07; passed Senate 45y-0n, 4/9/07; failed; did not pass before end of '07 or '08 sessions) \|	Reuse
OK HB 2678 Rep. Sears	Would direct the Oklahoma Department of Commerce to establish the Oklahoma Senior Card program, which "may be used in conjunction with any prescription drug program or any health benefit plan in order to reduce the cost of drugs." (Filed 2/5/08; failed; did not pass before end of '08 session) \|	D
OK SB 404 Sen. Adelson	Would create the Prescription Drug Reimportation Act; authorizes certain pharmacists and wholesale drug distributors to procure and import specified prescription drugs; provides for certification of specified prescription drugs; prohibits importation of drugs without certain certification; specifies list of entities authorized to import certain drugs; provides for violation of provision. (Filed 1/12/07; failed; did not pass before end of '07 or '08 sessions) \|	Imp, Whole
OK SB 666 Sen. Leftwich	Would create the Prescription Drug Reimportation Act; authorizes certain pharmacists and wholesale drug distributors to procure and import specified prescription drugs; provides for certification of specified prescription drugs; prohibits importation of drugs without certain certification; specifies list of entities authorized to import certain drugs. (Filed 1/18/07; failed; did not pass before end of '07 or '08 sessions) \|	Imp, Whole
OK SB 667	Would direct certain information to be placed on a prescription label in certain circumstance; requires certain persons to provide specified information; provides exceptions. (Filed 1/18/07; failed; did not pass before end of '07 or '08 sessions) \|	Label
OK SB 835 Sen. Sykes	Would create the Transplant Patient Prescription Drug Safety Act and prohibit certain putting transplant related prescription drugs on any prior authorization or step therapy process. (Filed 1/22/07; failed; did not pass before end of '07 or '08 sessions) \|	M, MMA, PDL, Safety
OK SB 1064 Sen. Lerblance	Would relate to prescriptions; establishes certain prescription requirement. (Filed 1/22/07; failed; did not pass before end of '07 or '08 sessions) \|	Label
OK SB 1712	Would direct the State Department of Health to establish an Oklahoma Prescription Drug Retail Price Registry; requires the Department to obtain information to be included in the registry, to be made available on its website. (Filed 2/4/08; failed; did not pass before end of '08 session) \|	CL, Post, Price
OK SB 2040 Sen. Corn	Would allow the use of FQHCs and 340B in prison population to reduce health care costs for inmates. (Filed 2/4/08; failed; did not pass before end of '08 session) \|	340B
OK HCR 1012	Would create the Task Force on Pharmacy Benefit Management Services; provides for membership. (Filed 1/29/07; passed Senate; failed; did not pass Senate before end of '08 session) \|	PBM
OK HJR 1018	Would create the Task Force on Drug Importation. (Filed 1/22/07; failed; did not pass before end of '08 session) \|	Imp, Study
OR	No 2008 regular session	.
PA HB 185 HB 186	Provides for prescription drug redistribution within health care and State correctional facilities. HB 186 would affect accepting and dispensing donated cancer drugs. (Filed and sent to committee 2/1/07; did not pass before end of '07 session; carried over to '08; did not pass at end of 2008 session)	Reuse
PA HR 15	Would urge the U.S. Congress and the Department of Health and Human Services to establish and maintain a comprehensive national registry for clinical drug trial results, requiring that all drug trial results, both positive and negative, be disclosed. (Filed and sent to committee 2/1/07; did not pass before end of '07 session; carried over to '08; no further action; did not pass at end of 2008 session)	Trials
PA HB 536	Would further define income for purposes for pharmaceutical assistance for the elderly. (Filed and sent to committee 2/23/07; did not pass before end of '07 session; carried over to '08; did not pass at end of 2008 session)	D, S
PA HB 643	Would establish the Pharmaceutical Cost Management Council. Provides for cost containment and study of generic substitution and prescribing older, less costly drugs instead of newer, more expensive drugs. Would study a shared preferred drug list for use by the public employee insurance agency, the Medicaid program and other state payors and private insurers. (Filed and sent to committee 3/6/07; did not pass before end of '07 session; carried over to '08; did not pass at end of 2008 session)	Study, Generic, Brand
PA HB 1811	Would make slight changes to PACENET program eligibility. (Filed and sent to committee 9/4/07; did not pass before end of '07 session; carried over to '08; did not pass at end of 2008 session)	S
PA HB 2034	Would allow veterans access to their VA prescription drug benefits while in a non-VA long term care facility. Allows the facility to charge a repackaging/dispensing fee no more than the medicaid dispensing fee. (Filed 11/07; signed by governor as Act No. 2008-114 10/9/08)	-
PA HB 2073	Would require pharmacies to have receptacles to accept unused prescriptions for proper disposal. (Filed 11/26/07; did not pass before end of '07 session; carried over to '08; sent to committee 3/18/08; did not pass at end of 2008 session)	-, Reuse
PA SB 260	Would prohibit an insurer from requiring an insured to obtain drugs from a mail-order pharmacy as a condition of obtaining payment for prescription drugs. (Filed and sent to committee 3/8/07; did not pass before end of '07 session; carried over to '08; did not pass at end of 2008 session)	Mail
PA SB 339 Rep. Brown	Would define clinical trial and pharmaceutical drug and for drug manufacturer clinical trials reporting. (Filed and sent to committee 3/12/07; did not pass before end of '07 session; carried over to '08; did not pass at end of 2008 session)	Trial
PA SB 638 Sen. Wonderling	Establishes the Cancer Drug Repository Program for accepting donated cancer drugs and dispensing cancer drugs. (Filed and sent to committee 3/21/07; repassed Senate 4/9/08; passed House 4/8/08; signed into law by governor 5/13/08) \|	Reuse
PA SB 1094 Sen. Williams	Would allow electronic prescriptions. (Filed and sent to committee 9/17/07; did not pass before end of '07 session; carried over to '08; did not pass at end of 2008 session)	E
RI H 5193 Rep. Picard	Would require that mail order pharmaceuticals be signed for by a person at least 17 years old. (Filed 1/24/07, held in committee for study 3/7/07; did not pass by end of regular session 7/2/07) \|*	Mail
RI H 5458 Rep. McNamara	Would eliminate limits on prescriptions of schedule II controlled substances of a maximum of a 30 day supply and a maximum of 250 dosage units. (Filed 2/27/07, held in committee for study 3/7/07; did not pass before end of session 7/2/07; carried over to '08; did not pass by end of regular session 8/08) \|	Safety
RI H 5822, S 789 Rep. Sullivan	Would coordinate benefits between the elderly pharmaceutical assistance program and Medicare Part D prescription drug plan. It would require the general assembly to fund the program at levels at least equal to the amount appropriated in fiscal year 2007. (Filed 3/1/07; held in committee 3/07; did not pass before end of session 7/2/07; carried over to '08; did not pass by end of regular session 8/08) \|	MMA, S
RI H 5955 Rep. Wasylyk	Would disclose information regarding clinical trials of prescription drugs to the public, physicians, researchers and state policy makers and administrators. (Filed 3/1/07; held in committee 3/07; did not pass before end of session 7/2/07; carried over to '08;' did not pass by end of regular session 8/08)	\|Trial
RI S 251 Sen. Levesque	Would allow pharmacies to provide a list of 20 prescribed drugs in electronic format to the Department of Health with current selling prices. The list would then be posted on a state website accessible to the general public for pricing information. (Filed 2/7/07; did not pass before end of session 7/2/07; carried over to '08; did not pass by end of regular session 8/08) \|	Price
RI S 653 Sen. Pichardo	Would allow prescription privacy and prohibit patient identifying information from being transferred. Also addressed the ethical marketing of prescriptions. (Filed 2/15/07; did not pass before end of session 7/2/07; carried over to '08; did not pass by end of regular session 8/08) \|	Mkt, Privacy
SC HB 3198 Rep. White	Would create the Cancer Drug Donation Program Act; establishes this program for the donation of cancer drugs to certain patients who do not qualify for Medicaid or any state funded prescription drug program; establishes immunity from civil and criminal liability and from professional disciplinary action. (Filed 1/9/07; did not pass committee by end of '07-'08 sessions 6/5/08) \|	Reuse
SC HB 3414 Rep. Hosey	Would provide that any licensed health care practitioner must write prescriptions in legible writing in terms that can be understood by the person for whom the prescription is written. (Filed 2/1/07; did not pass committee by end of '07-'08 sessions 6/5/08) \|	Label
SC HB 3774, HB 4028 Rep. Mitchell	Would authorize and establish the procedures for electronic prescription processing, including contents of prescriptions, acceptable methods of electronic prescription transmission, criteria and safeguards for the electronic equipment utilized to electronically transmit these prescriptions, patient confidentiality and sanctions for violations. (Filed 5/2/07; H 4028 passed House 5/12/07; both did not pass Senate by end of '07-'08 sessions 6/5/08) \|	E, Privacy
SC HB 4551 Rep. Rice	Would provide that beginning July 1, 2008, pharmaceutical companies may not on broadcast or print media based in this State advertise or cause to be advertised prescription medicines or other controlled substances which may be sold only by prescription and to provide civil penalties for violations. (Filed 1/24/08; did not pass committee by end of '08 session 6/5/08) \|	Mkt
SC SB 206 Sen. Cromer	Would provide for the licensing and regulation of pharmacy benefit managers (PBMs), including requirements for a certificate of authority and annual reporting. Also requires PBMs to disclose agreements with a pharmaceutical manufacturer to favor the manufacturer's products over a competitor's products or to place the manufacturer's drug on the PBM's preferred list or formulary or to switch the drug prescribed with a drug agreed to by the PBM and the manufacturer; agreements with a pharmaceutical manufacturer to share manufacturer rebates and discounts or other economic benefits with the PBM; agreements to bill health plans for prescription drugs at a cost higher than the PBM pays the pharmacy and agreements to share revenue with a mail order or internet pharmacy company. Requires that if a substitute drug costs more than the prescribed drug, the substitution must be made for medical reasons that benefit the covered individual. Customers may audit PBM records.. (Filed 12/13/06; did not pass committee by end of '07-'08 sessions 6/5/08) \|	Brand, Generic, Internet, Mail, PBM
SC SB 528 Sen. Cromer	Would establish the requirements for transmitting a prescription electronically; maintains confidentiality of information; prohibits pharmacist or pharmacy from providing electronic devices to practitioners or facilities as an incentive to refer patients. (Filed and sent to committee 3/6/07; did not pass committee by end of '07-'08 sessions 6/5/08) \|	E, Privacy
SD HB 1066 Attorney General	Would make it an unfair trade practice to "sell, market, promote, advertise, or otherwise distribute any card or other purchasing mechanism or device that is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases if a) the card or other purchasing mechanism or device does not expressly state that discounts are not insurance; b) the discounts are not specifically authorized by a separate contract with each pharmacy listed in conjunction with the card or other purchasing mechanism or device. Rx manufacturers' patient assistance programs and retail store discounts would be exempt. (Filed 1/8/08; did not pass committee; rejected 11y-2n, 1/14/08; did not pass by end of 2008 session)\|	Mkt
SD (Final report) Zaniya Task Force	Health Reform Task Force proposes to: "create a work group to explore opportunities to create a web site to allow individuals to compare retail prices of the 100 most common prescription drugs in the state. Allow an individual to identify a prescription drug and compare the retail price that each pharmacy in a selected county charges for that medication. Specify the “retail price” is the price an uninsured consumer, with no discount or supplemental plan, would normally pay. Update retail pharmacy prices on a regular basis." (Approved report filed 9/28/07; legislation did not pass, 1/14/08) \|	CL, Price, Post, Reform
TN HB 12, SB 68 Rep. Curtiss	Would require the commissioner of finance and administration to enter into discussions with the member states of the I- SAVE RX program and to either participate in that program or establish a separate state program providing cost savings for prescriptions purchased internationally. (Filed 1/20/07; HB 12 failed to pass House 4/25/07; SB 68 failed; did not pass by end of '07-'08 sessions 5/21/08) \|	Imp
TN HB 364 Rep. Rowland SB 887 Sen. Ketron	Would allow prescribers to electronically note that a brand name drug is to be issued to a patient rather than a generic and clarifies that electronic signatures may be used on electronic and facsimile prescription orders. (Filed 2/8/07, 4/4/07; failed; did not pass committee by end of '07-'08 sessions 5/21/08) \|	E, Brand, Generic
TN HB 821, SB 297 Rep. Hood	Would establish a system that requires prescribers to use official prescription forms. (Filed 2/21/07; failed; did not pass committee by end of '07-'08 sessions 5/21/08) \|	Label
TN HB 1190 Rep. Shepard SB 1197 Sen. McNally	Would clarify duties of wholesalers and distributors of pharmaceutical products. (Filed 2/14/07, 5/15/07; failed; did not pass committee by end of '07-'08 sessions 5/21/08) \|	Whole
TN HB 2167 Rep. Briley SB 1389 Sen. Haynes	Would allow a patient to file a grievance related to a change to the insurer's formulary within 45, rather than 60 days; increases the time period to 15 calendar days, rather than 10 days, for the insurer to be able to file the complaint and retain the right to continue the drug until the grievance process is completed; specifies that the grievance procedure is not applicable to any state administered insurance. (Filed 2/12/07; failed; did not pass committee by end of '07-'08 sessions 5/21/08) \|	Brand, PDL
TN HB 2276, HB 2278 SB 2210, SB 2212 Rep. Odem	Among other things, would require each discount drug plan to provide information regarding membership cancellation. Would also require the board of pharmacy to report when fines are collected for violation of the TennCare legend drug provisions. (Filed 2/15/07failed; did not pass committee by end of '07-'08 sessions 5/21/08) \|	Card, D, M
TN HB 3254, SB 2796 Rep. Coley	Would exempt over-the-counter drugs that were prescription drugs from sales tax. (Filed 1/15/08; failed; did not pass committee by end of '07-'08 sessions 5/21/08) \|	Generic, Tax
TN HB 3298, SB 3127	Requires pharmacists to indicate on the label of a prescription drug for an elder person the condition for which the drug is prescribed if the elder person or the person's physician requests it. (Filed 1/16/08; HB 3297 passed House and Senate; signed into law by governor* as Chapter 936, 5/21/08) \|*	Label, Safety
TN SB 3122, HB 4011 Sen. Burchett Rep. Armstrong	Expands access to prescription drugs in federally qualified health centers, by allowing a registered nurse or certified pharmacy technician to dispense prescription drugs without direct, on-premises supervision of a pharmacist when the pharmacist provides supervision of the dispensing by means of telepharmacy/telemedicine online computer technology. (Filed 1/16/08; SB 3122 passed Senate and House; signed into law by governor* as Chapter 1028, 6/3/08) \|*	340B
TN SJR 142 Sen. Finney	Would urge Congress and appropriate federal agencies to recognize problems caused by direct-to- consumer advertising by pharmaceutical companies and to limit it or ban it altogether. (Filed 5/1/07; passed Senate 23y-0n, 4/5/07; failed; did not pass committee by end of '07-'08 sessions 5/21/08) \|	Mkt
TX	No 2008 regular session	.
UT H 74 [text] Rep. Litvack	Requires the Department of Health and Human Services to explore the feasibility of expanding the use of 340B drug pricing programs in the state Medicaid program, which limits the cost of covered outpatient drugs to federally qualified health centers including consolidated health centers, migrant health centers, health care for the homeless, Healthy Schools/Healthy Communities and Tribal Programs. (Prefiled 12/14/07; passed House 1/23/08; passed Senate 2/7/08; signed into law by governor* 3/14/08 )*	340B, M
VT H 92 Rep. Chen	Would require confidentiality of patient prescription records and prevent the use of this information for commercial purposes, intended to protect patients and health professionals and to prevent it being "used to target pharmaceutical marketing and gifts toward physicians who prescribe the most expensive drugs for their patients." (Filed 1/23/07; did not pass committee by end of '07 or '08 sessions 5/31/08) \|	Privacy
VT H 344 Rep. Obuchowski	Would establish the Vermont prescription drug fair pricing program to regulate the price of prescription drugs sold in Vermont and to direct the retirement boards to divest the funds of the state employees’, teachers’, and municipal employees’ retirement systems of all interests in pharmaceutical companies. (Filed 2/21/07; did not pass committee by end of '07 or '08 sessions 5/31/08) \|	Price
VT H 376, S 84 Rep. Koch, Sen. Ciummings	Would require a health plan to pay promptly, by electronic funds transfer within eight days, any prescription drug claim submitted electronically. (Filed 2/21/07; did not pass committee by end of '07 or '08 sessions 5/31/08) \|	E
VT H 491, S 87 Rep. Morrissey	Would give consumers notice of their right to buy prescriptions from retail pharmacies at the same co-payment as from mail-order pharmacies. (Filed 2/12/07; 3/1/07; did not pass committee by end of '07 or '08 sessions 5/31/08) \|	Mail, PBM, Price
VT H 750 House Comm. on Health Care	Would delay until July 1, 2009 implementation of the provisions the 2007 law relating to confidentiality of prescription information and consumer protections. It would clarify the use of records containing prescriber-identifiable information with the prescriber's consent and eliminate certain disclosure requirements. It would redefine a "regulated record" as only those prescriptions dispensed in Vermont and written by an in-state prescriber. Extends deadline for a report on the generic drug voucher pilot program. (Filed 1/30/08; passed House 2/6/08; passed Senate; signed into law by governor* as Act 89, 3/5/08)*	Brand, Generic, Mkt, Privacy
VT S 140 Sen. Lyons	Would ensure patient prescription records are confidential and prevent use for commercial purposes. (Filed 2/26/07; did not pass committee by end of '07 or '08 sessions 5/31/08; see S 115 signed 2007 law)	Privacy, Mkt
VT S 321 Sen. Mullin	Would provide for retaining the state's rights in pharmaceutical products developed with the aid of state funds; requiring the state to retain "an interest in all patentable innovations and products developed with state funding and to require manufacturers using such innovations to make their products available at reasonable prices." (Filed 1/8/08; did not pass committee by end of '08 session 5/31/08) \|	Patent, Price
VT S 328 Sen. Mullin	Would expand access to discounted prescription drug prices under the federal 340B program for Medicaid beneficiaries and individuals in the custody of the department of corrections. (Filed 1/8/08; did not pass committee by end of '07 or '08 sessions 5/31/08) \|	340B
VA HJR 79 Rep. Hamilton	Resolution requesting the Governor and the Secretary of Health and Human Resources to implement a policy barring physicians or other health care practitioners from prescribing an alternative brand or generic version of medication because of financial incentives, without disclosing such incentives. (Filed 1/9/08; passed House 1/17/08; passed Senate and finally adopted* 3/4/08) \|*	Brand, Generic, Mkt, Price
VA SB 396 Sen. edwards	Would require the Commissioner to establish and publicize a toll-free number to provide resource and referral information on pharmaceutical companies' free and discount drug programs for persons with financial hardship or who meet program eligibility criteria. (Filed 1/9/08; passed Senate 40y-0n, 2/8/08; passed House 2/21/08; signed into law by governor* as Chapter 102, 3/4/08 ) \|*	CL
WA HB 1348 Rep. Schual-Berke	Would regulate prescription drug practices by pharmacy benefit managers. (Filed 1/17/07; reintroduced 1/14/08; did not pass by end of regular session 3/13/08) \|	PBM
WA HB 1356, SB 5565 Rep. Cody	Would authorize purchase and require availability of brand name drugs when cost-effective or less expensive, for all state purchased health care programs. (Filed 1/17/07; reintroduced 1/14/08; did not pass by end of regular session 3/13/08) \|	Brand, Price
WA HB 1553	Would establish a controlled substances prescription monitoring program. (Filed 1/22/07; reintroduced 1/14/08; did not pass by end of regular session 3/13/08) \|	E, Monitor
WA HB 1704, SB 5605 Rep. Schual-Berke	Would require health care insurers to have open pharmacy networks, known as "any willing pharmacy," offering contractual agreements to all pharmacies willing to meet applicable terms and conditions. Would ban imposing a extra copay, deductible, coinsurance, or prescription quantity limit upon a beneficiary that is not imposed upon all beneficiaries in the plan. (Filed 1/25/07; reintroduced 1/14/08; did not pass by end of regular session 3/13/08) \|	AWP
WA HB 1786	Would provide a business and occupation tax deduction for the sale of certain prescription drugs. HB 1786 specifies use for cancer treatment. (Filed 1/17/07; reintroduced 1/14/08; did not pass by end of regular session 3/13/08) \|	Tax
WA HB 1850 Rep. Pederson	Would limit the sale or use of prescription information. (Filed 1/30/07; reintroduced 1/14/08; did not pass by end of regular session 3/13/08) \| [News article 5/22/07]	Mkt, Privacy
WA HB 2664 Rep. Pederson	Would prohibit the sale and use of prescriber-identifiable prescription data for marketing or promotional purposes; finds that prescriber-identifiable prescription data are used by pharmaceutical manufacturers to track the prescribing habits of every prescriber in the State. (Filed 1/15/08; favorable committee report 2/6/08; did not pass by end of regular session 3/13/08)\|	Mkt, Privacy
WA SB 5631	Would require licenses for wholesale distributors of prescription drugs; including every nonresident wholesale distributor if it ships into the state. (Filed and sent to committee 1/26/07; did not pass by end of regular session 3/13/08)	Whole
WA SB 5917 Sen. Kohl-Welles	Would require the disclosure of gifts from pharmaceutical manufacturers to person who can prescribe in the state. Requires reporting of gifts, grants and gratituties made by companies directly or indirectly to prescribers, purchasers or dispensers in the state. (Filed 2/7/07; favorable committee report; did not pass by end of regular session 3/13/08) \|	Mkt
WA SB 5973	Would establish a controlled substances monitoring program with real time tracking and reporting capabilities. (Filed 2/9/07; favorable committee report; reintroduced; did not pass by end of regular session 3/13/08) \|	E
WA SB 6200 Sen. Keiser	Would create the prescription drug professional education program as the prescription drug evidence-based education act; provides for a fee for each manufacturer of prescription drugs provided to residents through the Medicaid program to cover the costs of administering the program; provides for reduction in health complications and unnecessary costs associated with non-evidence-based drug prescribing; provides for cost containment and use of generic drugs. (Filed 12/31/07; did not pass by end of regular session 3/13/08)	Generic, Mkt, Price
WA SB 6241 Sen. Fairley	Would prohibit the sale and use of prescriber-identifiable prescription data for marketing or promotional purposes absent affirmative authorization by the prescriber. (Filed and sent to committee 1/17/08; passed Senate 26y-22n and sent to House, 2/18/08; did not pass House 3/13/08; did not pass by end of 2008 session)	Mkt, Privacy
WA SB 6302, HB 2498, HB 2680 Rep. Green, Sen. Kohl-Welles	Would establish prescription drug marketing and annual disclosure standards and requirements. Regulates gifts, grants, and gratuities made by pharmaceutical manufacturing companies, directly or indirectly, to any person or entity authorized to prescribe drugs" with results posted online by the state Board of Pharmacy. (Filed 1/17/08, 2/5/08; HB 2680 & SB 6320 favorable reports; did not pass by end of regular session 2/29/08) \|	Mkt
WV HB 2328 Del. Perdue	Would require licensing and regulation of pharmacy benefit managers (PBMs), including disclosure of ownership. Also requires disclosure of "all incentive arrangement or programs such as rebates, discounts, disbursements, or any other similar financial program or arrangement relating to income or consideration received or negotiated, directly or indirectly, with any pharmaceutical company." (Filed and sent to committee 1/9/08; did not pass by end of 2008 session)	PBM
WV HB 2511 Del. Iaquinta	Would provide for unused, unexpired nonnarcotic drugs to be donated to free health care clinics in the state from deceased nursing home patients or residents with the consent of the family of the decedent. (Filed and sent to committee 1/9/08; did not pass by end of 2008 session)	Reuse
WV HB 3014 Del. Hrutkay	Would create the Pharmaceutical Availability and Affordability Act of 2007, establishing pricing parameters for pharmaceuticals, with state-funded programs including Medicaid State Employees to "not exceed prices listed on the federal supply schedule plus a dispensing fee except in those cases in which the commission has established different rate" and providing pharmaceutical reporting requirements (expanding features contained in the 2004 Rx law). (Filed and sent to committee 1/9/08; did not pass by end of 2008 session)	D, M, Price
WV HB 4131 Speaker Thompson	Would extend the Legislature's directive to the Governor to "focus resources on the creation of a prescription drug program for senior citizens by pursuing a Medicaid waiver to offer prescription drug services to senior citizens; by investigating the establishment of purchasing agreements with other entities to reduce costs; by providing discount prices or rebate programs for seniors; by coordinating programs offered by pharmaceutical manufacturers that provide reduced cost or free drugs; by coordinating a collaborative effort among all state agencies to ensure the most efficient and cost effective program possible for the senior citizens of this state" with reports due each November. (Filed and sent to committee 1/22/08; did not pass by end of 2008 session)	Bulk, CL, D, S
WV SB 297 Sen. Pres. Tomblin	Would extend the Legislature's directive to the Governor to "focus resources on the creation of a prescription drug program for senior citizens by pursuing a Medicaid waiver to offer prescription drug services to senior citizens; by investigating the establishment of purchasing agreements with other entities to reduce costs; by providing discount prices or rebate programs for seniors; by coordinating programs offered by pharmaceutical manufacturers that provide reduced cost or free drugs; by coordinating a collaborative effort among all state agencies to ensure the most efficient and cost effective program possible for the senior citizens of this state" with reports due each November. (Filed and sent to committee 1/22/08; signed into law by governor* as Chapter 2008-79, 03/27/08)*	Bulk, CL, D, S
WV HB 4270, SB 441 Del. Brown, Sen. Minard	Would authorize the WV Office of Pharmaceutical Advocate to promulgate legislative rules relating to prescription drug advertising expense reporting. (Filed 1/25/08; both favorable committee reports 2/7/08; did not pass by end of regular session 3/8/08; however, rules were issued without bill being enacted; did not pass by end of 2008 session)\|	Mkt
WV SB 121 Sen. Stollings	Would require the WV Insurance Commissioner to develop a standard format for all preferred drug lists and drug formularies used in West Virginia; requiring the format to be maintained and available electronically. It does not permit the commissioner to require what substances are included upon any individual preferred drug list or drug formulary and exempts any conflicts with Medicare Part D regulations. (Filed and sent to committee 1/9/08; did not pass by end of 2008 session)	Brand, Generic, M, PDL
WV HB 4413, SB 125, Sen. Hunter	Would require the Public Employees Insurance Agency Finance Board to assume responsibility for medical and prescription coverage of retirees in the event any Medicare Advantage Program contract is not renewed or is otherwise terminated. (Filed and sent to committee 1/9/08; did not pass by end of 2008 session)	MMA, S
WV SB 150 Sen. Tomblin	FY 2008-09 budget includes funding for the WV Pharmaceutical Advocate office of $614,000; allows carryover funds for Pharmaceutical Cost Management Council. (Filed 1/9/08; passed Senate and House in special session 3/6/08; signed into law by governor* 3/21/08)\|*	CL, Price
WI AB 12 Rep. Schneider	Would prohibit prescription drug manufacturers from "giving or offering anything of monetary value to any practitioner to encourage prescribing the manufacturer's drugs;" product samples would be excluded; includes a fine up to $10,000 per violation. (Filed and sent to committee 1/12/07; did not pass at end of 2008 session)	Mkt
WI SJR 57	Would put to referendum the question of continuing the program of prescription drug assistance for elderly persons (Senior Care) past December 30, 2009, as a permanent federal-state program. (Filed and send to committee 8/2/07; did not pass at end of 2008 session)	S, MMA
WI AB 16	Would require health insurance policies to cover orphan drugs. (Filed and sent to committee 1/12/07; did not pass at end of 2008 session)	Brand, Price
WI AB 137 Assm. Soletski	Would change eligibility and deductible amounts under the prescription drug assistance program for the elderly. (Filed and sent to committee 3/5/07; did not pass at the end of 2008 session)	Tax
WI AB 713 Assm. Wasserman	Would relate to the minimum sale price of prescription drugs. (Filed and sent to committee 1/22/08; did not pass at end of 2008 session)	Price

NCSL Pharmaceutical Resources:

Pharmaceuticals Menu Page, 2009 - an online menu page of more than 40 reports, articles and presentations by NCSL
State Pharmaceutical Assistance Programs - report on the existing and enacted state programs for subsidies and discounts in 39 states, updated regularly.
Pharmaceutical Bulk Purchasing: Multi-state and Inter-agency Plans, 2009 edition.
Marketing and Direct-to-Consumer Advertising of Pharmaceuticals, 2001-08
State Initiatives to Avoid Prescription Drug Errors - laws and bills, updated for 2008.
Pharmacist Refusal and Conscience Clauses - online report on laws and legislation relating to health provider refusal clauses, focusing mainly on pharmacists.

Definitions and Notes:

[1] - Total U.S. Prescription drug spending from all sources, public, commercial and out-of-pocket total $213.7 billion for 2006, according to the report, "Health Spending Projections Through 2016: Modest Changes Obscure Part D’s Impact" by the Centers for Medicare and Medicaid Services, Office of the Actuary, published in Health Affairs, 2/21/07
> The 2009 Federal Poverty Guidelines, often termed the federal poverty level (FPL), were released January 23. The new guideline for an individual is $10,830, a $430 increase from the 2008 figure of $10,400. For a married couple or 2-person household the 2008 figure is $14,570. Higher figures apply for Alaska and Hawaii.
2008 Federal Poverty Guidelines, were released January 23 for 2008 and were used as the initial basis for legislation listed in this report. The 2008 guideline for an individual is $10,400, a $190 increase from the 2007 figure of $10,210. For a married couple or 2-person household the 2008 figure is $14,000.
> MMA. Abbreviation for the federal Medicare Prescription Drug Improvement, and Modernization Act of 2003 (P.L.108-173), signed into law December 8, 2003.
> SPAP. Abbreviation for State Pharmaceutical Assistance Program. More than 30 individual states have authorized and/or operated such subsidy programs since 1975. The MMA authorized and formalized federal-state coordination with existing programs.

Methodology: 2008 legislation was identified via 50-state searches, plus updates from NCSL's 2007 Prescription Drug State Legislation report and further individual state research using selected legislative web sites. Similar bills may be combined into a single descriptive entry for the convenience of readers. Bill descriptions are brief summaries written by NCSL or state legislative staff. Although in many cases descriptions include direct excerpts from official state text or descriptions, NCSL is responsible for the content in this report. Bill status descriptions are simplified to reflect major steps only, such as filed, sent to committee, passed, did not pass, signed or vetoed. Sponsor includes the officially listed lead sponsor only; many bills have additional co-sponsors, with names normally listed on each full text bill. Live web links are provided via bill numbers wherever possible – readers are encouraged to use these links to identify latest status, amendments, full list of committees and sponsors. 2008 filed bills are "Powered by StateNet".

Authors: This report was compiled by Karmen Hanson and Richard Cauchi of the NCSL Health Program in Denver; end of session updates reaserched by Andrew Thangasamy.

Changes and editions: This report was initially released January 30, 2008, and was designed as a tracking “work in progress,” with new bills, major amendments, and major changes in status to be updated at least twice a month during the calendar year. Legislators and staff are welcome to submit substantive additions or changes to NCSL via email.
View this report online at: http://www.ncsl.org/programs/health/drugbill08.htm#Top

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