46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PRESCRIPTION DRUGS; REQUIRING A COPAYMENT FOR PRESCRIPTION DRUGS ADVERTISED DIRECTLY TO CONSUMERS; ENACTING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the New Mexico Drug, Device and Cosmetic Act is enacted to read:

"[NEW MATERIAL] PRESCRIPTION DRUG ADVERTISING--COPAYMENTS.--

A. A consumer who is covered under a prescription drug plan and who purchases a prescription drug that has been advertised outside a professional medical journal or periodical shall pay an advertising copayment equal to twenty percent of the cost of the prescription drug. The advertising copayment is in addition to the prescription drug plan's regular copayment, co-insurance or other patient cost-sharing amount.

B. A drug manufacturer shall, on a monthly basis, provide a written or electronically transmitted listing to each pharmacy that carries the manufacturer's drugs indicating those prescription drugs that have been advertised outside professional medical journals or periodicals within the immediately preceding six months. The advertising copayment shall apply to prescription drugs in that listing.

C. A prescription drug plan administrator, contractor or other intermediary responsible for payment shall deduct the advertising copayment from the reimbursement paid to the pharmacy. The pharmacy shall forward the advertising copayment to the drug manufacturer or other entity from which it purchases prescription drugs.

D. As used in this section, "advertised outside a professional medical journal or periodical" means the marketing of prescription drugs in any medium designed to target the general consumer public rather than health care practitioners possessing prescriptive authority."