House Journal: Page 939: Wednesday, April 2, 2003
Page 5
1 provide staff support to the committee. Committee
2 members shall select a chairperson and vice
3 chairperson annually from the committee membership.
4 3. The pharmaceutical and therapeutics committee
5 shall recommend a preferred drug list to the
6 department. The committee shall develop the preferred
7 drug list by considering each drug's clinically
8 meaningful therapeutic advantages in terms of safety,
9 effectiveness, and clinical outcome. The committee
10 shall use evidence-based research methods in selecting
11 the drugs to be included on the preferred drug list.
12 The committee shall periodically review all drug
13 classes included on the preferred drug list and may
14 amend the list to ensure that the list provides for
15 medically appropriate drug therapies for medical
16 assistance recipients and achieves cost savings to the
17 medical assistance program. The department may
18 procure a sole source contract with an outside entity
19 or contractor to provide professional administrative
20 support to the pharmaceutical and therapeutics
21 committee in researching and recommending drugs to be
22 placed on the preferred drug list.
23 4. Prescribing and dispensing of prescription
24 drugs not included on the preferred drug list shall be
25 subject to prior authorization.
26 5. The preferred drug list program shall provide
27 that if a medical assistance program recipient is
28 being prescribed a mental health-related drug or
29 antiretroviral drug prior to the implementation of the
30 preferred drug list and the prescription drug is not
31 included on the preferred drug list, prescribing and
32 dispensing of the prescription drug is not subject to
33 prior authorization. The preferred drug list program
34 shall also provide that certain prescription drugs for
35 age-related populations that are not included on the
36 preferred drug list are not subject to prior
37 authorization.
38 6. The department may negotiate supplemental
39 rebates from manufacturers that are in addition to
40 those required by Title XIX of the federal Social
41 Security Act. The committee shall consider a product
42 for inclusion on the preferred drug list if the
43 manufacturer provides a supplemental rebate. The
44 department may procure a sole source contract with an
45 outside entity or contractor to conduct negotiations
46 for supplemental rebates.
47 7. The department shall publish and disseminate
48 the preferred drug list to all medical assistance
49 providers in this state.
50 8. Until such time as the pharmaceutical and

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