Bill > S2389

Introduced Session

This bill requires the New Jersey State Board of Pharmacy to establish a prescription drug pricing disclosure website. In order to make this information available for the website, the bill further requires certain pharmaceutical manufacturing companies to provide prescription drug price information to the board. Under the bill, the board is required to develop a prescription drug pricing disclosure website in order to make prescription drug price information available to New Jersey practitioners, who are individuals currently licensed, registered, or otherwise authorized in the State to administer or prescribe drugs in the course of professional practice. The website must have a dedicated link that is prominently displayed on the board's home page and include, at a minimum, the following data elements, separated by therapeutic category: (1) name of the product; (2) whether the drug is brand name or generic; (3) drug strength; (4) per-unit wholesale acquisition cost of the drug, provided to the board by pharmaceutical manufacturing companies as required by the bill; and (5) any disclaimers deemed appropriate by the board. Each State board and other entity that, under Title 45 of the Revised Statutes, regulates individuals with prescriptive authority in New Jersey is required to advise the licensees of the board or entity at least once annually of the opportunity to access the prescription drug pricing disclosure website. The bill also requires that each pharmaceutical manufacturing company that engages in any form of prescription drug marketing, either directly or through the use of a pharmaceutical marketer, with a New Jersey practitioner, a practitioner's designee, or any member of a practitioner's staff, to provide to the board, no later than January first, April first, July first, and October first of each calendar year, the current wholesale acquisition cost information for the pharmaceutical drugs or biological products marketed in the State by that company. Any pharmaceutical manufacturing company that fails to comply with these requirements will be liable to a penalty as follows: for the first offense, not less than $200 nor more than $5,000; and, for the second and each succeeding offense, not less than $1,000 nor more than $20,000. Under the bill, "wholesale acquisition cost" means the pharmaceutical manufacturing company'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.

AI Summary

Committee Categories

JoAnn Downey (D)*,  Eric Houghtaling (D)*,  Paul Moriarty (D)*,  Annette Quijano (D)*,  Troy Singleton (D)*,  Serena DiMaso (R),  Vin Gopal (D),  Carol Murphy (D),  Lisa Swain (D),  Chris Tully (D),  Valerie Vainieri Huttle (D), 

Approved P.L.2019, c.404. (on 01/21/2020)