Louisiana Board of Pharmacy - State of Louisiana

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Pharmaceutical Cost Transparency

Act 220 of 2017 Regular Session of Louisiana Legislature

The Louisiana Legislature has adopted legislation requiring each drug manufacturer or pharmaceutical marketer who engages in any form of prescription drug marketing to a prescriber, his designee, or any member of his staff in Louisiana to report certain information about that drug product to the Louisiana Board of Pharmacy.  The new law, which became effective on August 1, 2017, requires the manufacturer or marketer to report the current wholesale acquisition cost information for each U.S. FDA-approved drug marketed to the state, and to report that information to the Louisiana Board of Pharmacy on a quarterly basis, more specifically no later than January 1, April 1, July 1, and October 1 of each calendar year.

Act 220 defines the term prescription drug marketing as follows: "means to provide educational or marketing information or materials regarding a prescription drug in any form including but not limited to all of the following: (a) face-to-face meetings, (b) physical mailings, (c) telephone conversations, and (d) electronic mail or facsimile."  Related legislation (Act 236 of 2017 Regular Session of Louisiana Legislature) defines the term wholesale acquisition cost as follows: "means, with respect to a pharmaceutical drug or biological product, the manufacturer's list price for the pharmaceutical drug or biological product to wholesalers or direct purchasers in the United States for the most recent month for which the information is available, as reported in wholesale price guides or other publications of pharmaceutical drug or biological product pricing data, not including prompt pay or other discounts, rebates, or reductions in price."

To facilitate compliance with the legislative mandate, the Board of Pharmacy is developing a web portal through which manufacturers or marketers will report the required information.  Until the web portal is developed, manufacturers or marketers should report their information directly to Mr. Joseph Fontenot, Assistant Director of the Board, directly to his email account, the address of which is jfontenot@pharmacy.la.gov.  The report should be structured as an Excel file containing, at a minimum, the following data elements:

  • Generic name;
  • Trade name;
  • Dosage form and strength;
  • Package size;
  • National Drug Code (NDC) number;
  • Whether the item is a branded product or a generic;
  • Therapeutic category; and
  • Per unit wholesale acquisition cost of the product.

Last update: 09-25-2017