Prescription Drug 2009 Enacted State Laws

Prescription Drug Topics

Topic
Code

States with 2009 Rx law or resolutions 
[Subject to additions through 12/31/2009]

Use of federal 340B discount price program

340B

AL

Access to brand name pharmaceutical products

Brand

AR (2), FL, MD (2), ND, OR, VA

Multi-state or inter-agency bulk purchasing

Bulk

OR, VA, WA, WV (3)

Clearinghouse information

CL

GA, ME, WV

Discount program

Discount

CO, TX (2), WA (2), WV (5)

Electronic drug orders & prescribing practices;  electronic monitoring

E-Rx

CO, CT, HI, IA, MN, TX, UT

Eligibility

Eligibility

IA

Errors

Errors

MD

Generic drug access & use

Generic

AR, CO, KY, MD, OR, UT, VA, VT

Insurance

Insurance

CT

Regulate drug importation or reimportation

Import

NM

Regulate Internet pharmacies (also see "Electronic" above)

Internet

IA, MS, ND

Regulate forms, labels or packaging on retail Rx, including legibility

Label

MD, NE, CA

Mail-order pharmaceuticals (also see PBM)

Mail

CO, TX

Marketing & advertising

Mkt

FL, TX, VT

Medicaid (partial list; see notes)

Medicaid

AR, CO (2), FL, MT, ND, TX (2), UT, WV (2)

Medicare Prescription Drug Act (MMA) state changes

MMA

ME

Regulation of pharmaceutical benefit managers

PBM

AR, IN, KY, NC, OR, TN, TX (2)

Preferred Drug List

PDL

CT, ND, UT

Relates to pricing of pharmaceuticals

Price

NM (2), OR, TN, TX, WA (2), WV

Restricting sale or disclosure of Rx sales with patient or prescriber info.

Privacy

CT, TX (2), VA

Prison Rx

Prison Rx

GA

Rebates

Rebate

CT

Comprehensive health reform with an Rx component

Reform

UT

Reuse or recycling of pharmaceuticals

Reuse

IA, ID, MT, NE, NM, NV (2), OR, VA (4), WY

State Rx Subsidy program

Subsidy

CT, MT, OR, WV (2)

Safety issues

Safety

ME, OR, TX, VA, WA

Study or task force on Rx

Study

AR, CO, NM (2), TX (2)

Income tax deductions, modifications, or credits

Tax

GA, MN

Telepharmacy

Telepharm

ID

Regulate Rx wholesalers; preventing counterfeits

Whole

FL, ID (2), MD, MN, TX

Other Rx policy

 -

TX, WA

This report lists finally passed bils, resolutions and signed laws.

For 2009 filed or pending bills are not included.  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.

Previous Year Reports:  2008  |  2007  |  1999-2006

AL
H 538
Rep. Buskey

Allows certain named federally qualified health care centers and public health facilities and departments to compound and dispense non-controlled substances at one location and deliver the medications to clinics, subject to the review of the Pharmacy Board.
(Filed 2/17/09; signed into law by governor 5/22/09).

340B

AR
HB 1363
Rep. Burris

Clarifies standards for insurance coverage for cancer medications; provides federal DHHS or the Arkansas Insurance Commissioner with the discretion to define compendia to use in identifying which drugs require coverage.
(Filed 02/04/09; signed into law by governor as Act 270, 2/26/09).

Brand, Generic

AR
HB 1997
Rep. Hall

Establishes law regarding the distribution of drug samples; authorizes a drug manufacturer to distribute a drug sample by mail, common carrier, or by direct distribution to physicians or practitioners licensed to prescribe the drugs, only upon a specified written request of the license physician or practitioner; requires records be maintained of the samples.
(Filed 3/6/09; signed into law by governor as Act 943 , 4/7/09)

Brand

AR
SB 460
Sen. P.Malone

Enacts the "Fair Disclosure of State Funded Payments for Pharmacists' Services Act;" requires a pharmacy benefit manager, to "itemize by individual claim the amount actually paid to the pharmacy or pharmacist, the identity of the pharmacy and an identifier of the pharmacist services."
(Filed 2/24/09; signed into law by governor as Act 769, 4/2/09)

PBM

AR
SB 944
Sen. Elliott

Creates a study group for asthma medication use and reimbursement in Medicaid; also the effect of "clinical edit" and  patient compliance with asthma medication usage.
(Filed 3/9/09; signed into law by governor as Act 1483, 4/13/09)

Medicaid, Study

CA
S 470
Sen. Corbett

Requires that every prescription include a legible, clear notice of the condition or purpose for which the drug is prescribed. Requires every prescription container be correctly labeled to include that information if so indicated on the prescription.
(Filed 2/26/09; signed into law by governor 10/11/09)

Label

CO
H 1073
Rep. Massey

Requires the state to contract with a nonprofit organization that facilitates health information exchange to study the use of electronic prescriptions in Medicaid; includes an appropriation.
 (Filed 1/7/09; signed into law by governor  6/8/09).

E-Rx, Medicaid,
Study

CO
S 132
Sen. Boyd

Requires the state to make information available to the public regarding the availability of lower-cost generic or discounted prescription drug programs; modifies the Colorado Cares Rx Act; makes an appropriation.
(filed 1/27/09; signed into law by governor  6/2/09).

Discount, Generic

CO
S 252
Sen. Boyd

Authorizes a Medicaid recipient to receive prescription drugs through mail order if the recipient has third-party insurance that authorizes maintenance medications through mail order.
(filed 3/18/09; signed into law by governor  5/18/09)

Medicaid, Mail order

CT
H 5019
Rep. Nardello

Prohibits the use of an individual's prescription drug history as a criteria for underwriting to deny such individual health insurance coverage if there is no definitive diagnosis; also prohibits moving an insured to a substandard policy, increasing premium rates or using a history of taking a prescription drug for anxiety in underwriting unless such history arises from an underlying condition.
(filed 1/7/09; signed into law by governor 6/18/09).

Privacy, Insurance

CT
H 6301
Joint Comm. on General Law.

Allows pharmacies to maintain prescriptions electronically; allows physicians to transmit prescriptions for schedule II drugs to pharmacies electronically, subject to provisions of the federal Controlled Substances Act; provides for maintenance of records; provides for auditing and security of such transmissions to maintain patient privacy.
(filed 1/29/09; signed into law by governor 5/8/09)

E-Rx

CT
H 6379
Rep. Cafero

Implements budget recommendations concerning pharmacy rebates; allows the Department of Social Services to enter into contracts for supplemental rebates for drugs that are on a preferred drug list or formulary; provides for appointment of a representative for the purpose of appealing any denial of Medicare Part D benefits; specifies rebate amounts for ConnPACE Rx subsidy recipients; requires pharmaceutical manufacturers to provide rebates to the department.
(filed 2/5/09; signed into law by governor  4/29/09)

PDL, Subsidy,
supplemental rebates

FL
S 1144
Sen. Peaden

Requires drug manufacturers to disclose the names of affiliated group members to the Department of Health; revises requirements for a prescription drug manufacturer permit, non-resident prescription drug manufacturer permit and health care clinic establishment permit; clarifying that a wholesale distributor is required to maintain pedigree papers separately from other records of prescription drugs under certain circumstances.
(filed 3/3/09; signed into law by governor 6/24/09)

Mkt,
Whole

FL
S 1660
Sen. Peaden

Requires the Agency for Persons with Disabilities to provide priority to clients waiting for waiver services; deletes a provision permitting all developmental waiver services to be available in all waiver tiers and a provision limiting an increase in the number of waiver services; relates to in-home services; eliminates medication-review services and certain redundancies
(filed 3/3/09; signed into law by governor 5/27/09)

Brand

FL
S 8a
Sen. Peaden

Revises the amount reimbursed to providers and pharmacies for drugs in the Medicaid Program. Requires the calculation and assessment on health care items or services provided by nursing facilities. Requires a federal waiver of broad-based and uniform provider assessment requirements.
(filed 1/05/09; signed into law by governor 1/27/09)

Medicaid

GA
H 59
Rep. O'Neal

Provides for exemptions from sales and use taxes on pharmaceutical medication samples which are either sold or are distributed without charge to physicians, dentists, clinics and hospitals by a pharmaceutical manufacturer or distributor; eliminates tax on pharmaceutical medicines that are sold at retail, but those that are distributed for free are subject to taxation.
(filed 1/14/09; signed into law by governor 4/21/09)

Tax
 

GA
H 228
Rep. Butler

The Commissioner is authorized to appoint a state diabetes coordinator to work with other state agencies to ensure all diabetes programs are coordinated, including prescription products.
(filed 1/30/09; signed into law by governor 5/04/09)

 CL

GA
H 464
Rep. B. Reece.

Provides for prison inmates to pay for certain medication costs during incarceration; provides exceptions and requirements for hospitals that provide emergency health care services to state inmates.
(filed 2/18/09; signed into law by governor 4/21/09)

Prison Rx plans

HI
S 585
Sen. English

Allows persons in remote areas that have no pharmacy to obtain prescription drugs through telepharmacy at a dispensing pharmacy, even if they have health insurance.
(filed 1/23/09; signed into law by governor 6/08/09)

E-Rx

IA
H 122
Committee

Relates to requiring reports for certain precursor substances and extending an information program for drug prescribing and dispensing.
(filed 1/28/09; signed into law by governor 4/2/09)

Prescribing & dispensing info prog.

IA
H 381
Committee

Regulates the internet sale of prescription products, including a program of registration of pharmacy internet sites; makes penalties applicable; provides that to be valid, each prescription drug order issued or dispensed in the state must be based on a valid patient-practitioner relationship.
(filed 2/19/09; signed into law by governor  9/2/09)

Internet,
E-Rx

IA
S 377
Prescription Drug Donation Repository Program

Relates to the prescription drug donation repository program; provides eligibility criteria for residents who have been victims of a state of disaster emergency proclaimed by the governor or a defined public health disaster.
(Filed 3/9/09; signed into law by governor  5/22/09)

Reuse

IA
S 440
Senate Veterans
Affairs Comm.

Relates to prescription drug coverage for health care facility residents eligible for federal veterans affairs (VA) benefits; provides an assessment of program eligibility for residents.
(Filed 3/16/09; signed into law by governor  4/15/09)

Eligibility

ID
H 306

Defines the practice of pharmacy to include telepharmacy across state lines; requires registration and application for a certificate of registration for a telepharmacy drug outlet across state lines; also payment of registration and inspection fees.
(Filed 4/8/09; signed into law by governor 4/27/09)

Telepharm

ID
S 1066
Comm.

Amends the Wholesale Drug Distribution Act; revises the contents of a pedigree and distribution channel from a manufacturer directly or through its colicensed partner to a repackager who is an authorized distributor of record for the manufacturer, whose facility is registered with the US FDA.
(Filed 2/5/09; signed into law by governor 4/3/09)

Whole

ID
S 1109
Sen. Health
and Welfare Comm.

Provides for the Legend Drug Donation Act; provides for immunity from liability; provides for an exemption to the Wholesale Drug Distribution Act.
(Filed 2/16/09; signed into law by governor 4/9/09)

Reuse, Whole

IN
H 1292
Rep. Welch

Provides pharmacists procedural protections against audits initiated by PBMs; sets requirements for the conduct and appeal of a pharmacy audit; provides for an extrapolation or estimate audit of a sample of claims; requires the auditor to allow the use of written or otherwise transmitted hospital, physician, or other health practitioner records to validate a prescription for a legend drug.
(Filed 1/13/09; signed into law by governor 4/08/09).

PBM

KY
H 414
Rep. Thompson

Creates pharmacy audit protections, requiring that a provider agreement or contract between a pharmacy and an insurer, a state agency, a health maintenance organization, a pharmacy benefits administrator or a pharmacy benefits manager (PBM) that requires an audit of the pharmacy's records must comply with this Act.
(Filed 2/11/09; signed into law by governor 3/24/09)

PBM

KY
HR 173
Rep. Crimm

Non binding resolution, urges Congress to pass legislation to bring biosimilar drugs to American patients, and "preserve incentives for continued pharmaceutical innovation."
(Fled 2/25/09; adopted 2/25/09)

Generic

MD
S 985
Rep. Morhaim

Authorizes expanded coverage for off-label use of drugs under health insurance, by changing the definition of standard reference compendia.
(Filed 2/4/09; signed into law by governor 4/14/09)

Brand

MD
H 725
Rep. Tarrant

Requires physician-pharmacist agreements to prohibit substitutions of chemically dissimilar drug products, subject to specified exceptions.
(Filed 2/10/09; signed into law by governor 5/7/09)

Brand, Generic

MD
H 1195
Rep. Montgomery

Strengthens requirements for a wholesale distributor permit; authorizes the State Board of Pharmacy to require documentation; allows an applicant for a wholesale distributor permit or a wholesale distributor permit holder to rescind a surety bond or other security and submit a new surety bond or other security.
(Filed 2/13/09; signed into law by governor 4/14/09)

MD
S 242
Sen. Pugh

Requires pharmacy permit holders to post signs that include specified information regarding the process for resolving incorrectly filled prescriptions in accordance with specified regulations; requires that the signs be conspicuously positioned and readable by the consumer at the point where prescription drugs are dispensed to consumers or included with prescriptions; includes dentists, physicians and podiatrists.
(Filed 1/23/09; signed into law 4/14/09)

Errors,
Label

ME
H 85
Rep. A. Perry

Extends the operation of the Health Data Processing Center to September 1, 2015.  Requires hospitals and ambulatory surgical centers to, upon request, provide average charge for any inpatient service or outpatient procedure provided by a licensee. 
(Filed 1/8/09; signed into law by governor 5/4/09)

CL, Disclosure

ME
S 494
Sen. P. Mills

Authorizes release of information from the Controlled Substances Prescription Monitoring Program to the MaineCare program for the purposes of managing care, monitoring the purchase of controlled substances and avoiding duplicate dispensing of controlled substances.
(Filed 4/1/09; signed into law by governor 6/8/09)

Monitor, Safety

MA
H1, H 4100,
H 4129
Governor, Ways & Means

FY 2010 budget includes prescription policies:  Medicaid may adjust pharmacy dispensing fees for multiple source prescription drugs to compensate for any reduction as a result of the upper limits implemented under the Deficit Reduction Act of 2005; Provides $40,000,000 for the Prescription Advantage senior subsidy program, including wrap-around benefits for Medicare Part D enrollees and allowing adjustments in copayment and premium contributions by the department.
(Filed 1/20/09; signed into law by governor as Chapter 27,6/29/09)

Medicaid, Subsidy

MN
H 1362
Rep. Huntley

Provides for a reduction in the tax rates wholesale drug distributors, and legend drugs if there is a surplus in the Health Care Access Fund.
(Filed 3/5/09; signed into law by governor 5/14/09)

MN
S 1890
Sen. T. Lourey

Changes provisions for health information technology and infrastructure; establishes an e-health advisory committee; stipulates electronic prescribing provisions. Also changes the electronic health record system and revolving account and loan program.
(Filed 3/25/09; signed into law by governor 5/19/09)

MS
S 2799
Sen. Albritton

Revises the Pharmacy Practice Act; relates to internet pharmacies in terms of stipulating validity of online prescriptions; also clarifies registration requirements for nonresident pharmacies and the powers and duties of the Board of Pharmacy under the Controlled Substances Act (CSA); revises the promulgation of rules relative to registration and control of the manufacture and distribution of controlled substances; grants the Bureau of Narcotics authority to obtain records under the CSA; requires a controlled substance prescription to conform to the Ryan Haight Act; 
(Filed 1/19/09; signed into law by governor  3/30/09)

MT
H 365
Rep. Roberts

Relates to programs of all-inclusive care for the elderly; allows a waiver of health maintenance organization requirements for Pharmaceutical Assistance Contracts for the Elderly; clarifies that such programs are not Medicaid managed care networks.
(Filed 1/24/09; signed into law by governor 4/09/09)

MT
H 409
Rep. Pomnichowski

Establishes a cancer drug repository program and participant registry; provides the program will accept donated cancer drugs and devices and will dispense the drugs and devices to qualified patients; provides that participation in the program is voluntary.
(Filed 1/31/09; signed into law by governor  4/18/09)

NE
L 288
Health and Human Services Comm.

Establishes a process for relabeling and safe re-dispensing of unused  prescription drugs at correctional facilities.
(Filed 1/15/09; signed into law by governor 5/29/09)

NV
A 213
Rep. Anderson

Requires the State Board of Pharmacy to establish the Cancer Drug Donation Program; authorizes persons to donate cancer drugs at any participating pharmacy, medical facility, health clinic or provider of health care; provides immunity from civil or criminal liability for persons who exercise reasonable care in donating a drug.
(Filed 2/25/09; signed into law by governor 5/19/09)

NV
S 197

Authorizes public and private mental health, skilled nursing, intermediate care and correctional facilities to return to the dispensing pharmacy certain prescription drugs that are dispensed to a patient of the facility but not used by that patient, for reissuance to a nonprofit pharmacy designated by the Board of Pharmacy to reissue the drugs free of charge; limits civil or criminal liability.
(Filed 3/10/09; signed into law by governor 5/28/09)

NM
HM 80
Rep. Stewart

Requests the retiree health care authority to investigate the feasibility of adding a mail-order program of importation of prescription drugs to the discount prescription drug program.
(Filed 3/6/09; adopted 3/14/09)

NM
S 82
Sen. Beffort

Provides that a pharmacy operated by, or under contract with, the Corrections Department shall accept for the purpose of re-dispensing a prescription drug that has been dispensed and has left the control of the pharmacist if such drug is being returned by a corrections facility that has a registered or licensed nurse responsible for the security, handling and administration of prescription drugs within that facility; imposes certain conditions related to the packaging and labeling of such drugs.
(Filed 1/21/09; signed into law by governor 4/7/09)

NM
S 129
Sen. Wirth

Requires that the current retail price of a prescription drug be provided upon the request of a consumer or the Attorney General in any dosage or quantity.
(Filed1/21/09; signed into law by governor 4/7/09)

NM
SM 89
Sen. Maj Garcia

Requests the Department of Health to study the disparities in amounts of copayments between orally and intravenously administered chemotherapy medications.
(Filed 3/13/09; adopted 3/14/09)

NC
S 287
Sen. Rand

Relates to regulation of Pharmacy Benefit Managers to comply with terms of PBM contract to achieve projected savings of 18 million dollars.  
(Filed  2/25/09; signed into law by governor 4/23/09)

ND
H 1385
Rep. Weisz

Relates to the drug use review board and the prior authorization program; provides for a revised prior authorization program to determine coverage of brand name or generic drug products when a Medicaid recipient's health care provider prescribes a drug requiring prior authorization.
(Filed 1/12/09; signed into law by governor  5/1/09)

ND
S 2218
Sen. J. Lee

Relates to requirements for prescribing and dispensing controlled substances and certain other specified drugs by means of the internet; relates to the exclusion from the exemption for dispensing certain drugs and penalties for unlawful distribution or dispensing of controlled substances and counterfeit controlled substances by means of the internet; requires prescribers  to conduct a prior examination of a patient.
(Filed 1/14/09; signed into law by governor 4/22/09)

OR
H 2535
Rep. Gelser

Creates the Charitable Prescription Drug Program in the State Board of Pharmacy for the purpose of distributing donated prescription drugs to needy individuals; provides that the Board may adopt rules specifying categories of prescription drugs that the program may not distribute, establishing standards for accepting and distributing drugs, and establishing record keeping requirements; provides for eligibility; provides that program participants are not subject to criminal prosecution or civil liability.
(Filed 2/3/09; signed into law by governor as Chapter 300, 6/17/09) 

OR
S 154
Sen. Courtney

Creates the  Oregon Prescription Drug Program in the Department of Human Services, to: purchase prescription drugs or reimburse pharmacies for prescription drugs with discounted prices and rebates; negotiate price discounts and rebates prescription drug manufacturers; purchase prescription drugs on behalf of individuals and entities that participate in the program and participate in a multi-state bulk purchase program.  The program may use a preferred drug list (PDL), Authorized participants include the state and public employees programs, State agencies that directly or indirectly purchase prescription drugs, including agencies that dispense prescription drugs directly to persons in state-operated facilities; residents are uninsured or underinsured for prescription drug coverage; state agencies that directly or indirectly purchase prescription drugs, including agencies that dispense prescription drugs directly to persons in state-operated facilities; private entities; and labor organizations. 
Also repeals the Senior Prescription Drug Assistance Program.
(Filed 1/15/09; signed into law by governor as Chapter 263, 6/16/09)

OR
S 735
Sen. Morrisette

Relates to the Prescription Drug Program; removes a reference to drug claims processing from the definition of pharmacy benefit manager (PBM); revises the purpose of the program to include replenishing prescription drugs; allows the program to contract and negotiate rebates with group purchasing organizations; provides for the participation of the Educators Benefit Board and the Public Employees Retirement System; authorizes the administrator to contract with an entity to negotiate with drug manufacturers.
(Filed 3/04/09; signed into law by governor as Chapter 466, 6/23/09)

Bulk,
PBM,
Price

OR
S 876
Sen. Telfer

Requires the Department of Human Service to determine whether an immunosuppressant drug used in connection with organ transplants is a narrow therapeutic index drug within a specified time period following the expiration of the United States patent on the drug.
(Filed 3/9/09; signed into law by governor as Chapter 473, 6/23/09)

Brand, Generic, Safety

TN
S 774
Rep. Overbey

Specifies that when a covered entity or pharmacy benefits manager, such as a health insurance company, provides to a patient information regarding their out-of-pocket cost, such as a co-pay, for a prescription or service, they must provide the patient the actual reimbursement; prohibits a covered entity or pharmacy benefits manager from restricting any pharmacy or other dispenser from disclosing to the patient or their representative the actual reimbursement for a particular prescription or covered service.
(Filed  2/11/09; signed into law by governor  6/5/09)

TX
H 1138
Rep. Shelton

Provides that in addition to information required under existing law, the issuer of a health benefit plan shall include on the identification card of each enrollee the copayment information for generic and brand name prescription drugs.
(Filed 2/9/09; signed into law by governor  6/19/09)

TX
H 2030

Relates to the Medicaid Drug Utilization Review Program (DUR) and prescription drug use under the Medicaid program; provides for a prospective drug use review of a patient's drug therapy and prescription drug order before dispensing such drug; also increased retrospective drug use reviews to identify patterns of prescribing, drug use reviews performed through the vendor drug program's electronic claims processing system and clinical edits screened through the prior authorization system. Also prohibits conflicts of interests with Rx manufacturer contracts for Board members.  Effective Sept. 1, 2009.
(Filed 2/27/09; signed into law by governor  6/19/09)

TX
H 4341
Rep. Truitt

Provides for regulation of discount health care programs by the state Department of Insurance; provides penalties for unfair methods of competition and deceptive acts and practices regarding discount health care provisions.
(Filed  3/13/09; signed into law by governor  6/19/09)

Discount card, Other

TX
H 4402
Rep. F. Martinez

Provides for a study regarding insurance coverage of prescription drugs provided under a health benefit plan; includes evaluating the ways in which pharmacy benefit managers use prescription drug information to manage therapeutic drug interchange programs and other drug substitution recommendations made by pharmacy benefit managers.
(Filed 3/13/09; signed into law by governor  6/19/09)

Study,
PBM

TX
S 646
Sen. Van de Putte

Relates to a study regarding the confidentiality of prescription information records; provides a civil penalty for violations; relates to the use and sale of prescription information records containing patient-identifiable and practitioner-identifiable information by pharmacy benefit managers, insurers, electronic transmission intermediaries, pharmacies and other similar entities for the purpose of advertising, marketing, or promoting pharmaceutical products.
(Filed 2/3/09; signed into law by governor  6/19/09)

Privacy, Mkt, e-Rx, Study

TX
S 704
Sen. Nelson

Regulates pharmacy benefit managers and mail order pharmacies; relates to disclosure of the prices charged to state agencies in connection with pharmacy benefit manager services.
(Filed  2/6/09; signed into law by governor  6/19/09)

PBM, Mail

TX
H 2832
Sen. Van de Putte

Requires the Health and Human Services Commission to study the feasibility of establishing separate Medicaid reimbursement rates for pharmacies that provide certain services to patients who are administered specialty pharmacy drugs; exempts state agencies and political subdivisions that distribute prescription drugs to nonprofit health care facilities or local mental health or mental retardation authorities from certain provisions relating to licensing of wholesale prescription drug distributors.
(Filed  3/10/09; signed into law by governor 6/19/09)

Whole, Medicaid

TX
H 2581
Sen. Deuell

Relates to the transfer or sale of patient information or prescription drug history by discount health care programs; requires such program to provide each prospective member disclosure materials describing the program's practices regarding such transfer or sale.
(Filed 3/13/09; signed into law by governor  6/19/09)

Discount card, Privacy

UT
H 128
Rep. Menlove

Requires a practitioner to provide existing patients the option to participate in electronic prescribing for prescriptions after a specified date; requires a pharmacy to accept and comply with an electronic prescription that is transmitted in accordance with the specified requirements.
(Filed 1/26/09; signed into law by governor 3/20/09)

E-Rx

UT
H 188
Rep. Clark

Requires health insurance and health plans to provide written disclosure on restrictions or limitations on prescription drugs and biologics including the use of a generic substitution; stipulates cost sharing copayment figures for prescription drugs.
(Filed 2/6/09; signed into law by governor 3/11/09)

Generic,
Reform

UT
S 87
Sen. Christensen

Amends the Medical Assistance Act; removes the automatic override to the preferred drug list in the state Medicaid program; requires the Drug Utilization Review Board to implement prior authorization requirements for a non-preferred drug that is in the same therapeutic class as a drug that is on the list; requires a health care provider requesting an override to provide documentation of the medical need for the preferred drug list override.
(Filed  1/26/09; signed into law by governor 3/25/09)

Medicaid, PDL

VA
H 85
Sen. Landes

Eliminates a section governing return of prescription medications; establishes a program for the donation and redistribution of unused previously dispensed prescription medications; authorizes pharmacies to accept prescription medications, other than controlled substances, that meet certain requirements; allows pharmacies to dispense medications to clinics providing health care to the indigent or free of charge; prohibits re-dispensing unless drug integrity can be assured.
(Filed 1/9/09; signed into law by governor  3/7/09)

VA
H 2211
Rep. S. Jones

Relates to Prescription Monitoring Program; removes requirement that a prescriber obtain written consent from the recipient of a prescription before requesting information on that recipient for the purpose of establishing his treatment history.
(Filed 1/14/09; signed into law by governor 3/16/09)

Privacy,  Safety

VA
H 2214
Rep. S. Jones

Provides that a pharmacy participating in bulk pharmaceutical donation programs may charge a reasonable dispensing or administrative fee to offset the cost of dispensing donated medications that is not to exceed the actual costs of such dispensing.
(Filed  1/14/09; signed into law by governor 2/25/09)

Bulk, reuse

VA
H 2352
Rep. Landes

Clarifies the protection against liability of pharmaceutical manufacturers relating to storage, donation, acceptance, or dispensing of any drug to a patient in accordance with the Prescription Drug Donation Program.
(Filed  1/14/09; signed into law by governor 2/25/09)

Reuse

VA
H 2482
Rep. Eisenberg

Clarifies that hospitals, as well as clinics organized in whole or in part for delivery of health care services to the indigent, may re-dispense donation medications to the indigent.
(Filed 1/14/09; signed into law by governor 2/25/09)

Reuse

VA
S 1158
Sen. Saslaw

Requires a pharmacist filling a prescription for medication for a workers' compensation claim to substitute a therapeutically equivalent drug product for a prescribed name-brand drug product; provides that the pharmacist shall fill the prescription with the name-brand drug product prescribed if a therapeutically equivalent drug product does not exist or costs more than the prescribed name-brand drug product; provides that the prescriber may specify that a brand name is medically necessary.
((Filed 1/14/09; signed into law by governor 3/27/09)

Brand, Generic, Substitution

VT
S 48
Sen. Mullin

Minimizes costs of marketing prescription drugs, medical devices and biological products to health care professionals by eliminating most gifts and disclosing many of those allowed. Creates a therapeutic equivalent drug work group to explore increasing the usage of generic drugs by allowing pharmacists to substitute from a specified list.   
(Filed 1/28/09; signed into law by governor 6/08/09)

Brand, Generic, Mkt

WA
H 2014
Rep. Kelley

Requires every prescription written in the state by a licensed practitioner to be written on a tamper-resistant prescription pad or paper approved by the Board of Pharmacy.
(Filed 2/6/09; signed into law by governor 5/4/09)

Safety

WA
S 5480
Sen. Delvin

Creates the Health Care Discount Plan Organization Act to promote the public interest by establishing standards for discount plan organizations, to protect consumers from unfair or deceptive marketing, sales, or enrollment practices, and to facilitate consumer understanding of the role and function of discount plan organizations in providing discounts on charges for health care.
(Filed 1/23/09; signed into law by governor 4/22/09)

Discount Cards

WA
S 5731
Sen. Keiser

Requires an insurer to provide, upon request, information on covered prescription drug benefits before selling a health plan to an enrollee. 
(Filed 1/29/09; signed into law by governor 4/30/09)

Disclosure

WA
S 5892

Concerns prescription drug use in state purchased health care programs; authorizes state purchased health care programs to maximize appropriate prescription drug use in a cost-effective manner.
(Filed 2/5/09; signed into law by governor 5/19/09)

Bulk,
Discount, Price

WA
S 5995

Establishes Prescription Drug Purchasing Consortium Advisory Committee.
(Filed 2/12/09; signed into law by governor 5/19/09)

Discount, Price

WV
S 227
Sen. Minard

Authorizes state entities to promulgate administrative rules regarding areas of responsibility to include discount medical and prescription drug plan organizations.
(Filed 2/12/09; signed into law by governor  5/11/09)

Discount Cards

WV
S 278
Sen. Minard

Regulating and creating the criminal offenses of collecting fees for purported membership in a discount medical plan or discount prescription drug plan and knowingly and willfully failing to provide benefits of the plan; clarifies that the severity of the offense is dependent on the total of fees collected; provides for an alternate sentence upon conviction of the felony offense; permits the accumulation of values of fees or premiums when the person fails to provide benefits as part of a common scheme or plan.
(Filed 2/17/09; signed into law by governor  5/07/09)

Discount Cards

WV
S 373
Sen. Tomblin

Directs 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 senior citizens.
(Filed 2/25/09; signed into law by governor  5/11/09)

Bulk, CL, Discount, Medicaid, Subsidy

WV
S 414
Sen. Prezioso

Transfers the powers and duties of the WV Pharmaceutical Cost Management Council and creates the Governor's Office of Health Enhancement and Lifestyle Planning; also establishes pilot projects for patient-centered medical homes and criteria for such homes.
(Filed 3/2/09; signed into law by governor  6/05/09)

Bulk, Discount, Price

WY
S 106
Sen. Hastert

Relates to public health and safety; amends the drug donation program; provides for drop off and disposal of unused and expired prescription drugs; provides an appropriation; authorizes positions.
(Filed 1/14/09; signed into law by governor  3/10/09)