2006 New York Code - Drug Retail Price Lists.



 
    § 6826.   Drug  retail  price lists. 1. Every pharmacy shall compile a
  drug retail price list, which shall contain the names of  the  drugs  on
  the  list  provided by the board and the pharmacy's corresponding retail
  prices for each drug. Every pharmacy shall update its drug  retail  list
  at least weekly. Every pharmacy shall provide the drug retail price list
  to any person upon request.
    2.  a.  The  list  provided  by  the  board shall be prepared at least
  annually by the board and distributed to each pharmacy in the state. The
  list shall be a compendium of the  one  hundred  fifty  most  frequently
  prescribed   drugs  together  with  their  usual  dosages  for  which  a
  prescription is required by the provisions of the "Federal  Food,  Drug,
  and  Cosmetic  Act" (21 U.S.C. 301, et seq.; 52 Stat. 1040, et seq.), as
  amended, or by the commissioner of health.  The  board  shall  make  the
  compendium  list  available  to  each  pharmacy  free of charge, both in
  printed form and in an electronic form that can be used to  produce  the
  pharmacy's drug retail list. The board shall provide the compendium list
  to the department of health.
    b.  The  drug retail price list shall contain an advisory statement by
  the department alerting consumers to the need to tell their health  care
  practitioner and pharmacist about all the medications they may be taking
  and to ask them how to avoid harmful interactions between drugs, if any.
  A  pharmacy  may  include on its drug retail price list a statement: (a)
  concerning discounts from its listed retail prices that may be available
  to consumers and (b) any limitations that the pharmacy may  have  as  to
  what group or groups of customers it serves.
    3. The pharmacy's corresponding retail price means the actual price to
  be paid by a retail purchaser to the pharmacy for any listed drug at the
  listed  dosage.  However,  upon  implementation of the prescription drug
  retail price list database by the department of health under section two
  hundred  seventy-six-a  of  the  public  health  law,   the   pharmacy's
  corresponding  retail  price  shall  mean  the  price  sent to it by the
  department of health under that section.
    4. Pharmacies shall have a sign notifying people of  the  availability
  of  the drug retail price list and the availability of the department of
  health prescription drug retail price list database and the web  address
  of  that  database,  conspicuously posted at or adjacent to the place in
  the pharmacy where  prescriptions  are  presented  for  compounding  and
  dispensing,  in  the  waiting  area  for customers, or in the area where
  prescribed drugs are delivered.
    5. Nothing contained herein shall prevent a pharmacy from changing and
  charging the current retail price at any time, provided that the  listed
  price is updated at least weekly to reflect the new retail price.
    6. The commissioner shall make regulations necessary to implement this
  section,  including  how  this  section  is  applied  to  mail-order and
  internet pharmacies.

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