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This entry was published on 2014-09-22
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SECTION 6826
Drug retail price lists
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 137
§ 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, the pharmacy's corresponding retail
prices for each drug. Every pharmacy shall update its drug retail list
at least weekly and provide the time and date that the list was updated.
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.