SB 95 — An Act amending the act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act, further providing for definitions, for licensing of pharmacists and for unlawful acts; and providing for price disclosure.

PRIOR PRINTER'S NO.

50 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

91895 THE2025 GENERALINTRODUCED ASSEMBLYBY OFPHILLIPS-HILL, PENNSYLVANIABROOKS, SENATESTREET, BILLFONTANA, SessionCOMITTA, ofROTHMAN, No.ROBINSON, TARTAGLIONE, COSTA, KANE, HAYWOOD, BAKER, J.

95WARD, STEFANO AND SAVAL, JANUARY 22, 2025 INTRODUCEDREFERRED BYTO PHILLIPS-HILL,VETERANS BROOKS,AFFAIRS STREET,AND FONTANA,EMERGENCY COMITTA,PREPAREDNESS, J.JANUARY 22, 2025 AN ACT Amending the act of September 27, 1961 (P.L.1700, No.699), entitled "An act relating to the regulation of the practice of pharmacy, including the sales, use and distribution of consolidating and repealing certain laws relating thereto," further providing for definitions and for unlawful acts.

WARD, STEFANO, SAVAL, YAW, MASTRIANO, FARRY AND DUSH,KER, JANUARY 22, 2025 AS AMENDED ON THIRD CONSIDERATION, JUNE 9, 2025 AN ACT Amending the act of September 27, 1961 (P.L.1700, No.699), entitled "An act relating to the regulation of the practice of pharmacy, including the sales, use and distribution of drugs and devices at retail;

and amending, revising, consolidating and repealing certain laws relating thereto," further providing for definitions and for unlawful acts;

AND <-- PROVIDING FOR PRICE DISCLOSURE.

20250SB0095PN0918 - 2 - (i) A standing order issued by the Secretary of Health 20250SB0095PN0050 - 2 - allows for the purchase of naloxone or a dose package by the public without a prescription.

<--20250SB0095PN0050 SECTION- 3.3 -

THE ACT IS AMENDED BY ADDING A SECTION TO READ:

<-- SECTION 9.6.

PRICE DISCLOSURE.--(A) FOR EVERY PRESCRIPTION 20250SB0095PN0918 - 3 - MEDICATION THAT A CONSUMER INTENDS TO PURCHASE, A PHARMACY OR AN AUTHORIZED EMPLOYE OF THE PHARMACY SHALL, UPON REQUEST, DISCLOSE THE FOLLOWING:

(1) THE CURRENT PHARMACY RETAIL PRICE OF THE BRAND-NAME DRUG AND ANY GENERICALLY EQUIVALENT DRUG AVAILABLE AT THE PHARMACY, WHERE APPLICABLE.

(2) THE CONSUMER'S COST-SHARING AMOUNT OF THE BRAND-NAME DRUG AND ANY GENERICALLY EQUIVALENT DRUG AVAILABLE AT THE PHARMACY, WHERE APPLICABLE.

(3) INFORMATION ON WHERE TO APPLY FOR SUBSIDIZED HEALTH COVERAGE THROUGH THE COMMONWEALTH'S OFFICIAL HEALTH INSURANCE EXCHANGE, USING MATERIALS DEVELOPED BY THE EXCHANGE AUTHORITY, WHICH SHALL BE MADE AVAILABLE ON THE EXCHANGE AUTHORITY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE AND SHARED WITH THE BOARD.

(4) A DISCLAIMER, WHICH SHALL BE INCLUDED WITH THE INFORMATION REQUIRED UNDER THIS SECTION.

THE DISCLAIMER SHALL STATE:

"A CONSUMER'S HEALTH CARE CHOICES, INCLUDING WHETHER A PARTICULAR ON-EXCHANGE HEALTH INSURANCE POLICY IS APPROPRIATE FOR THE CONSUMER, SHOULD NOT BE BASED SOLELY ON THE INFORMATION PROVIDED, BUT SHOULD INSTEAD BE CONSIDERED IN CONNECTION WITH THE CONSUMER'S OTHER HEALTH CARE AND FINANCIAL CIRCUMSTANCES." (B) A PHARMACY SHALL BE REQUIRED TO KEEP AN ELECTRONIC OR PAPER COPY OF THIS SECTION, INCLUDING ANY RULES AND REGULATIONS ISSUED UNDER THIS SECTION, ON FILE.

A PHARMACY SHALL POST IN A CONSPICUOUS MANNER AT ALL LOCATIONS WHERE PRESCRIPTION MEDICATIONS ARE SOLD A NOTICE INFORMING THE CONSUMER OF THE RIGHT TO REQUEST DISCLOSURES PROVIDED FOR UNDER THIS SECTION.

THE BOARD SHALL NOTIFY EACH PHARMACY OF ANY CHANGE TO THIS SECTION AND ANY CHANGE TO RULES AND REGULATIONS ISSUED UNDER THIS SECTION.

A PHARMACY SHALL HAVE THIRTY DAYS TO UPDATE THE 20250SB0095PN0918 - 4 - COPY AND NOTICE FROM THE DATE THE PHARMACY WAS NOTIFIED BY THE BOARD OF A CHANGE.

THE BOARD SHALL FURNISH EACH PHARMACY WITH A COPY OF THIS SECTION, ANY RULES AND REGULATIONS ISSUED UNDER THIS SECTION AND THE NOTICE AS REQUIRED UNDER THIS SUBSECTION.

(C) THE NOTICE AND DISCLOSURE REQUIRED UNDER THIS SECTION SHALL BE PRESENTED IN A MANNER THAT IS SIMPLE AND EASY TO UNDERSTAND.

(D) A PHARMACY, PHARMACY BENEFITS MANAGER OR HEALTH INSURER THAT FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION COMMITS A SUMMARY OFFENSE AND, UPON CONVICTION, SHALL BE SENTENCED TO PAY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500).

THIS SUBSECTION SHALL NOT APPLY TO A PHARMACY FOR FAILURE TO DISCLOSE THE INFORMATION IN SUBSECTION (A), UPON REQUEST, DUE TO TECHNOLOGICAL ISSUES.

(E) THE BOARD, IN CONSULTATION WITH THE EXCHANGE AUTHORITY AND INSURANCE DEPARTMENT, AS APPROPRIATE, SHALL ADOPT RULES AND REGULATIONS AS NECESSARY TO CARRY OUT AND ENFORCE THIS SECTION.

(F) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

(1) "COST-SHARING AMOUNT" MEANS THE AMOUNT OWED BY A POLICYHOLDER UNDER THE TERMS OF THE POLICYHOLDER'S HEALTH INSURANCE POLICY OR AS REQUIRED BY A PHARMACY BENEFITS MANAGER.

(2) "EXCHANGE AUTHORITY" MEANS THE PENNSYLVANIA HEALTH INSURANCE EXCHANGE AUTHORITY ESTABLISHED UNDER 40 PA.C.S.

§ 9302 (RELATING TO PENNSYLVANIA HEALTH INSURANCE EXCHANGE AUTHORITY).

(3) "GENERICALLY EQUIVALENT DRUG" MEANS THE TERM AS DEFINED UNDER SECTION 2 OF THE ACT OF NOVEMBER 24, 1976 (P.L.1163, NO.259), REFERRED TO AS THE GENERIC EQUIVALENT DRUG LAW.

(4) "HEALTH INSURANCE POLICY" MEANS THE TERM AS DEFINED IN 20250SB0095PN0918 - 5 - 40 PA.C.S.

§ 9103 (RELATING TO DEFINITIONS).

(5) "ON-EXCHANGE HEALTH INSURANCE POLICY" MEANS A HEALTH INSURANCE POLICY OFFERED FOR PURCHASE THROUGH THE HEALTH INSURANCE EXCHANGE OF THE COMMONWEALTH OPERATED BY THE EXCHANGE AUTHORITY.

(6) "PHARMACY BENEFITS MANAGER" MEANS THE TERM AS DEFINED UNDER SECTION 103 OF THE ACT OF NOVEMBER 21, 2016 (P.L.1318, NO.169), KNOWN AS THE "PHARMACY AUDIT INTEGRITY AND TRANSPARENCY ACT." (7) "PHARMACY RETAIL PRICE" MEANS THE PRICE THAT AN INDIVIDUAL WITHOUT PRESCRIPTION DRUG COVERAGE OR NOT USING ANY OTHER PRESCRIPTION MEDICATION BENEFIT OR DISCOUNT WOULD PAY AT A RETAIL PHARMACY, NOT INCLUDING A PHARMACIST DISPENSING FEE.

SECTION 4.

THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING SHALL TAKE EFFECT IMMEDIATELY:

THE ADDITION OF SECTION 9.6(E) AND (F) OF THE ACT.

THIS SECTION.