Senate Bill No. 621
(By Senators Stollings, Jenkins, Foster, Hall and Plymale)
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[Introduced February 16, 2007; referred to the Committee on
Government Organization.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-5-2b, relating to
legislative rule-making authority of the West Virginia Board
of Pharmacy; requiring development of a standard format for
preferred drug lists; requiring the format to be maintained
and available electronically; and establishing the length of
time for which preferred drug lists are valid.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-5-2b, to read as
follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND
PHARMACIES.
§30-5-2b. Format for preferred drug lists; rule-making authority.
(a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter
twenty-nine-a of this code to develop a standardized format for all
preferred drug lists or drug formularies used in West Virginia.
The rules apply to all entities regulated by the Insurance
Commissioner as set forth in chapter thirty-three of this code, the
Bureau for Medical Services within the Department of Health and
Human Resources, the Public Employees Insurance Agency within the
Department of Administration, all pharmacy benefit managers doing
business in West Virginia and any other entity that routinely
utilizes a preferred drug list or drug formulary.
(b) The rules required in subsection (a) of this section shall
provide at a minimum:
(1) For a requirement that all preferred drug lists and drug
formularies use a unified and standard format;
(2) That the format to be made available to entities
developing a preferred drug list or drug formulary electronically;
(3) That once developed by an entity, that the preferred drug
lists or drug formulary is valid and reliable for at least one
year;
(4) That once complete, the preferred drug lists or drug
formulary is made available electronically on the internet; and
(5) Any other requirement necessary to meet the requirements
of this section.
(c) Nothing in this section permits the Board of Pharmacy to
in any way require what substances are included upon any individual preferred drug list or formulary.
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(NOTE: The purpose of this bill is to develop a standard
format for preferred drug lists or drug formularies and to make all
preferred drug lists or drug formularies available in an electronic
format.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)
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