Louisiana Revised Statutes 37:1251 – Disclosure of prescription drug price information
Terms Used In Louisiana Revised Statutes 37:1251
- administration: means the direct application of a drug to the body of a patient or research subject by injection, inhalation, ingestion, or any other means. See Louisiana Revised Statutes 37:1164
- Biological product: has the meaning assigned by Section 351 of the Public Health Service Act, Louisiana Revised Statutes 37:1164
- Board: means the Louisiana Board of Pharmacy. See Louisiana Revised Statutes 37:1164
- Contract: A legal written agreement that becomes binding when signed.
- Drug: means :
(a) Any substance recognized as a drug in the official compendium, or supplement thereto, designated by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or other animals. See Louisiana Revised Statutes 37:1164
- Manufacturer: means a person who manufactures drugs and includes a labeler, primary distributor, or person who prepares drugs in dosage form by mixing. See Louisiana Revised Statutes 37:1164
- Manufacturing: means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, and the promotion and marketing of such drugs or devices. See Louisiana Revised Statutes 37:1164
- Person: means an individual, corporation, partnership, association, or any other legal entity, including government. See Louisiana Revised Statutes 37:1164
- Pharmacy: means any place located within this state where drugs are dispensed and pharmacy primary care is provided, and any place outside of this state where drugs are dispensed and pharmacy primary care is provided to residents of this state. See Louisiana Revised Statutes 37:1164
A.(1) The Louisiana Board of Pharmacy shall develop a website to contain prescription drug price information to be made available to Louisiana prescribers on the board’s website with a dedicated link that is prominently displayed on the board’s home page, or by a separate easily identifiable internet address.
(2) The website shall include, at a minimum, the following data elements, separated by therapeutic category:
(a) Name of the product.
(b) Whether the drug is a brand name or a generic.
(c) Drug strength.
(d) Per-unit wholesale acquisition cost of the drug.
(e) Any disclaimers deemed appropriate by the board.
(3) When a pharmaceutical marketer engages in any form of prescription drug marketing directly to a prescriber, his designee, or any member of his staff, the marketer may disclose the website’s internet address and inform the prescriber that he may access the website to obtain information on the cost of prescription drugs. The provisions of this Section shall only apply to pharmaceutical marketing engaged in by a pharmaceutical marketer and a prescriber licensed by the state of Louisiana, his designee, or any member of his staff, while physically present in the state of Louisiana.
(4) The board shall have the authority to enter into a contract for the administration of the board’s responsibilities pursuant to this Section.
(5) Each health profession licensing board that regulates individuals with prescriptive authority in Louisiana shall advise the licensees of the board at least once annually of the opportunity to access this website.
B. For purposes of this Section:
(1) “Pharmaceutical marketer” means a person who, while employed by or under contract to represent a pharmaceutical manufacturing company engages in marketing activities of prescription drugs.
(2) “Prescriber” means a physician or any other person authorized to prescribe prescription drugs or any other person on their staff who receives prescription drug marketing materials.
(3) “Prescription drug” means a pharmaceutical drug that legally requires a prescription to be dispensed.
(4) “Prescription drug marketing” means in-person meetings, mailings, telephonic conversations, video conferencing, and electronic mail activities with prescribers.
(5) “Wholesale acquisition cost” means, with respect to a pharmaceutical drug or biological product, the manufacturer‘s list price for the pharmaceutical drug or biological product to wholesalers or direct purchasers in the United States for the most recent month for which the information is available, as reported in wholesale price guides or other publications of pharmaceutical drug or biological product pricing data, not including prompt pay or other discounts, rebates, or reductions in price.
C.(1) Implementation of this Section shall be contingent upon the Louisiana Board of Pharmacy’s obtaining grant funds from private entities for the development, implementation, operation, and continued maintenance of the drug pricing disclosure website.
(2) The board shall actively seek grant funding to implement the provisions of this Section. Within ten months of successful receipt of grant funds sufficient in amount to implement the provisions of this Section, the board shall make the drug pricing disclosure website available to prescribers.
D. The provisions of this Section shall not apply to veterinarians or pharmaceutical marketers who engage in any form of prescription drug marketing directly to a prescriber, his designee, or any member of his staff regarding prescription drugs manufactured exclusively for nonhuman consumption.
Acts 2017, No. 236, §1, eff. June 14, 2017; Acts 2018, No. 219, §1.