N.Y. Education Law § 6826: 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, 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.