AMENDED IN SENIOR ASSEMBLY OCTOBER 21, 2003

SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 1

INTRODUCED BY SENIOR ASSEMBLY MEMBER HARTMANN

LEGISLATIVE COUNSEL'S DIGEST

AFP 1:  PRESCRIPTION DRUGS.

EXISTING STATE LAW, THE PHARMACY LAW, REGULATES THE LICENSING AND REGULATION OF PHARMACIES AND REQUIRES PHARMACIES TO POST NOTICES CONCERNING INFORMATION THAT INCLUDES THE AVAILABILITY OF PRESCRIPTION PRICE INFORMATION.  THE PHARMACY LAW ALSO REQUIRES A PHARMACIST, OR A PHARMACIST'S EMPLOYEE, TO GIVE THE CURRENT RETAIL PRICE FOR ANY DRUG SOLD AT THE PHARMACY UPON THE REQUEST OF A CUSTOMER.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD REQUIRE A PHARMACY TO LIST ON THE RECEIPT OF A SENIOR CITIZEN ANY PERSON PURCHASING A PRESCRIPTION DRUG THE CURRENT RETAIL PRICE OF A PRESCRIPTION IN ADDITION TO LISTING THE CUSTOMER'S COPAY PRICE. 

VOTE: MAJORITY.

AFP 1:  RELATING TO PRESCRIPTION DRUGS

WHEREAS, CURRENTLY, PHARMACIES ARE NOT REQUIRED TO GIVE A FULL RECEIPT TO CUSTOMERS PURCHASING PRESCRIPTION DRUGS AND A CUSTOMER MAY BE GIVEN ONLY THE PRICE OF THE COPAY AND NOT THE CURRENT RETAIL PRICE OF THE PRODUCT; AND

WHEREAS, A SENIOR CUSTOMER'S RIGHT TO KNOW THE COST OF A PRESCRIPTION DRUG IS IMPORTANT AND SHOULD BE VOLUNTARILY FORTHCOMING SO THAT SENIORS ARE NOT PUT IN THE AWKWARD AND EMBARRASSING POSITION OF HAVING TO REQUEST NEEDED PRESCRIPTION DRUG COST INFORMATION; AND

WHEREAS, CUSTOMER IGNORANCE OF THE COST OF PRESCRIPTION DRUGS FACILITATES A LACK OF ACCOUNTABILITY OF PHARMACIES REGARDING HIGH PRESCRIPTION DRUG COSTS; AND

WHEREAS, CUSTOMERS SHOULD BE ABLE TO COMPARE PHARMACY PRICES FOR THE PURPOSE OF SUPPORTING MORE INEXPENSIVE PHARMACIES IN CASE THEY ARE IN A POSITION OF HAVING TO PAY CASH FOR A PRESCRIPTION OR TO CHOOSE SELF-INSURANCE; AND

WHEREAS, CUSTOMERS SHOULD BE GIVEN PRICE INFORMATION SO THAT THEY CAN BETTER COMPARE GENERIC VERSUS NAME BRAND PRODUCTS AND MAKE INFORMED CHOICES REGARDING PRESCRIPTION DRUG DECISIONS; AND

WHEREAS, SENIORS WHO ARE GIVEN THE CURRENT RETAIL PRICE OF PRESCRIPTION DRUGS WILL BE MORE AWARE OF CURRENT COSTS OF PRESCRIPTION DRUGS AND CHANGES IN COST AND WILL BE MORE AWARE OF COPAY MAXIMUM LIMITS; AND

WHEREAS, ULTIMATELY, THE MEDICAL PROFESSION AS A WHOLE WOULD BENEFIT IF MORE KNOWLEDGEABLE PATIENTS HAVE THE OPTION OF PURCHASING NEEDED PRESCRIPTION DRUGS AT LOWER PRICES; AND

WHEREAS, MOST RETAIL BUSINESSES, INCLUDING FOOD MARKETS AND BUILDING SUPPLY STORES, GIVE FULL RECEIPTS AND PHARMACIES SHOULD HAVE THE SAME LEVEL OF ACCOUNTABILITY; AND

WHEREAS, THERE WOULD BE LITTLE OR NO NEGATIVE FISCAL IMPACT TO THE STATE RESULTING FROM REQUIRING PHARMACIES TO GIVE THE CURRENT RETAIL PRICE OF A PRESCRIPTION DRUG IN ADDITION TO THE COPAY PRICE BECAUSE MOST COMPUTER CASH REGISTERS HAVE THE ABILITY TO LIST THE CURRENT RETAIL PRICE AND THE COPAY NET PRICE; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2003 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT PHARMACIES BE REQUIRED TO LIST ON THE RECEIPT OF A SENIOR CITIZEN ANY PERSON PURCHASING A PRESCRIPTION DRUG THE CURRENT RETAIL PRICE OF THE PRESCRIPTION DRUG IN ADDITION TO LISTING THE COPAY PRICE; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

RN0316384

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