HB320 By Representative Johnson (R) RFD Health Rd 1 25-FEB-16

SYNOPSIS: Under existing law, the Alabama State Board of Pharmacy is authorized to adopt rules necessary to carry into effect certain duties and powers related to the practice of pharmacy.

This bill would provide further for such authority in relation to state and federal anti-trust laws as well as establish that the Legislature recognizes that anti-competitive rules which prioritize patient safety and wellness are permissible.

A BILL TO BE ENTITLED AN ACT

To add Section 34-23-92.1 to the Code of Alabama 1975, relating to the powers and duties of the Alabama State Board of Pharmacy; to clarify rulemaking authority of the Alabama State Board of Pharmacy regarding state and federal anti-trust laws and to establish that anti-competitive rules which prioritize patient safety and wellness are permissible.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 34-23-92.1 is added to the Code of Alabama 1975, to read as follows:

§34-23-92.1.

(a) The Legislature finds and declares all of the following:

(1) The power to make rules regulating the practice of pharmacy includes the power to prohibit unlicensed persons from practicing pharmacy and the power to regulate how licensed persons practice pharmacy.

(2) A primary goal of the provision of health care is to prioritize patient safety and wellness.

(3) The board is in the best position to determine the practice of pharmacy that prioritizes patient safety and wellness.

(4) Prioritizing patient safety and wellness may sometimes be at odds with the goals of state and federal anti-trust laws, which include prioritizing competition and efficiency.

(5) It is the intent of the Legislature in enacting this section to immunize the Board of Pharmacy and its members from liability under state and federal anti-trust laws for the adoption of a rule that prioritizes patient safety and wellness but may be anti-competitive.

(b) Subject to subsection (c), rules adopted by the board may define and regulate the practice of pharmacy in a way that prioritizes patient safety and wellness, even if the rule is anti-competitive.

(c) A rule adopted by the board may supplement or clarify any statutory definition but may not conflict with any statute that defines the practice of pharmacy.

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Pharmacy, Alabama State Board of

Health Care

Medicine

Rules

Code Added