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Assembly Bill No. 307–Assemblymen Leslie, Giunchigliani, Conklin, McClain, Koivisto, Anderson, Atkinson, Chowning, Collins, Horne, Mortenson and Parks

 

March 13, 2003

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Joint Sponsor: Senator Wiener

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Referred to Concurrent Committees on Elections,
Procedures, and Ethics and Ways and Means

 

SUMMARY—Creates Silver State Commission on Prescription Drugs. (BDR 17‑165)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to health care; creating the Silver State Commission on Prescription Drugs; prescribing the membership and duties of the Commission; providing for the payment of compensation, per diem allowances and travel expenses for certain members of the Commission; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 8, inclusive, of this act, “Commission” means the Silver State Commission on Prescription Drugs created pursuant to section 3 of this act.

1-1  Sec. 3.  1.  The Silver State Commission on Prescription

1-2  Drugs is hereby created. The membership of the Commission

1-3  consists of:

1-4  (a) The following voting members:

2-1       (1) The Chairman of the Senate Standing Committee on

2-2  Human Resources and Facilities during the immediately

2-3  preceding session of the Legislature, or a member of that

2-4  Committee during the immediately preceding session of the

2-5  Legislature appointed by the Chairman.

2-6       (2) The Chairman of the Assembly Standing Committee on

2-7  Health and Human Services during the immediately preceding

2-8  session of the Legislature, or a member of that Committee during

2-9  the immediately preceding session of the Legislature appointed by

2-10  the Chairman.

2-11          (3) Three members appointed by the Governor as follows:

2-12             (I) A representative of the Nevada Hospital Association;

2-13             (II) A representative of the Nevada State Medical

2-14  Association; and

2-15             (III) A member of the general public.

2-16          (4) Three members appointed by the Speaker of the

2-17  Assembly as follows:

2-18             (I) A representative of the Nevada State Office of the

2-19  American Association of Retired Persons;

2-20             (II) A representative of the Nevada Health Care Reform

2-21  Project; and

2-22             (III) A representative of the Hotel Employees and

2-23  Restaurant Employees International Union Welfare Fund.

2-24          (5) Three members appointed by the Majority Leader of the

2-25  Senate as follows:

2-26             (I) A representative of the Nevada Association of Health

2-27  Plans;

2-28             (II) A representative of the Retail Association of

2-29  Nevada; and

2-30             (III) A representative of the Pharmaceutical Research

2-31  and Manufacturers of America.

2-32      (b) The following nonvoting members:

2-33          (1) The Director, or his designee, of the Department of

2-34  Human Resources;

2-35          (2) The Chief, or his designee, of the Purchasing Division

2-36  of the Department of Administration;

2-37          (3) The Executive Officer of the Public Employees’

2-38  Benefits Program or a representative appointed by the Board of

2-39  the Public Employees’ Benefits Program;

2-40          (4) The Director, or his designee, of the Department of

2-41  Corrections; and

2-42          (5) The Secretary, or his designee, of the State Board of

2-43  Pharmacy.

2-44      2.  The Speaker of the Assembly shall select the initial

2-45  Chairman of the Commission. After the initial selection,

3-1  chairmanship of the Commission shall alternate each biennium

3-2  between the houses of the Legislature, with the Speaker of the

3-3  Assembly and the Majority Leader of the Senate alternating

3-4  the selection of the Chairman. If a vacancy occurs in the

3-5  chairmanship, the vacancy must be filled in the same manner as

3-6  the original selection for the remainder of the unexpired term.

3-7  3.  Each voting member of the Commission who is not a

3-8  Legislator serves a term of 2 years commencing on July 1 of each

3-9  odd-numbered year.

3-10      4.  A member of the Commission who is not a candidate for

3-11  reelection or who is defeated for reelection continues to serve until

3-12  the convening of the next regular session of the Legislature.

3-13      5.  A vacancy on the Commission must be filled in the same

3-14  manner as the original appointment.

3-15      Sec. 4.  1.  The members of the Commission shall meet

3-16  throughout the year at the times and places specified by a call of

3-17  the Chairman or a majority of the members of the Commission.

3-18  The Director of the Legislative Counsel Bureau or his designee

3-19  shall serve as the nonvoting Recording Secretary of the

3-20  Commission. Six members of the Commission constitute a

3-21  quorum, and a quorum may exercise all the power and authority

3-22  conferred on the Commission.

3-23      2.  The Commission shall prescribe regulations for its own

3-24  management and government.

3-25      3.  Except during a regular or special session of the

3-26  Legislature, for each day or portion of a day during which a

3-27  member of the Commission who is a Legislator attends a meeting

3-28  of the Commission or is otherwise engaged in the work of the

3-29  Commission, he is entitled to receive the:

3-30      (a) Compensation provided for a majority of the members of

3-31  the Legislature during the first 60 days of the preceding regular

3-32  session;

3-33      (b) Per diem allowance provided for state officers and

3-34  employees generally; and

3-35      (c) Travel expenses provided pursuant to NRS 218.2207.

3-36      4.  Each voting member of the Commission who is not a

3-37  Legislator serves without salary, except that he is entitled to

3-38  receive the per diem allowance and travel expenses provided for

3-39  state officers and employees generally for each day or portion of a

3-40  day during which he attends a meeting of the Commission or is

3-41  otherwise engaged in the work of the Commission.

3-42      5.  The compensation, per diem allowances and travel

3-43  expenses of the voting members of the Commission must be paid

3-44  from the Legislative Fund.

4-1  Sec. 5.  1.  The Commission shall analyze, compile, review,

4-2  recommend and report on issues related to:

4-3  (a) Pharmaceutical programs that are designed to reduce the

4-4  price of prescription drugs for:

4-5       (1) Persons of low income in this state;

4-6       (2) Enrollees in this state’s health benefits plan; and

4-7       (3) Participants in programs administered by this state that

4-8  make available or provide prescription drugs;

4-9  (b) Prescription drug buying clubs that are used in other states

4-10  and the potential for such clubs to assist the residents of this state

4-11  in reducing their expenses for prescription drugs;

4-12      (c) Methods to access manufacturer rebates for prescription

4-13  drugs to assist the residents of this state in reducing their expenses

4-14  for prescription drugs;

4-15      (d) Interagency bulk purchasing and interstate buying of

4-16  prescription drugs to reduce the prices of prescription drugs for

4-17  this state’s programs and health benefits plan;

4-18      (e) Methods to negotiate for lower prices on prescription drugs

4-19  and a plan to carry out the methods; and

4-20      (f) Methods to control the prices of prescription drugs for this

4-21  state’s programs that provide pharmaceutical assistance to

4-22  persons of low income in this state and for enrollees in this state’s

4-23  health benefits plan.

4-24      2.  The Commission may conduct investigations and hold

4-25  hearings in connection with its duties pursuant to this section.

4-26      Sec. 6.  On or before July 1 of each even-numbered year, the

4-27  Commission shall submit a report of its activities and any

4-28  recommendations for legislation to the:

4-29      1.  Governor;

4-30      2.  Director of the Legislative Counsel Bureau for

4-31  transmission to the Legislative Commission;

4-32      3.  Research Division of the Legislative Counsel Bureau for

4-33  transmission to the Legislative Committee on Health Care;

4-34      4.  Fiscal Analysis Division of the Legislative Counsel Bureau

4-35  for transmission to the Interim Finance Committee; and

4-36      5.  The Director of the Department of Human Resources.

4-37      Sec. 7.  1.  If the Commission conducts investigations or

4-38  holds hearings pursuant to section 5 of this act:

4-39      (a) The Secretary of the Commission or, in his absence, a

4-40  member designated by the Chairman of the Commission may

4-41  administer oaths.

4-42      (b) The Secretary or Chairman of the Commission may cause

4-43  the deposition of witnesses, residing either within or outside of this

4-44  state, to be taken in the manner prescribed by rule of court for

4-45  taking depositions in civil actions in the district courts.

5-1  (c) The Chairman of the Commission may issue subpoenas to

5-2  compel the attendance of witnesses and the production of books

5-3  and papers.

5-4  2.  If a witness refuses to attend or testify or produce books or

5-5  papers as required by the subpoena, the Chairman of the

5-6  Commission may report to the district court by a petition which

5-7  sets forth that:

5-8  (a) Due notice has been given of the time and place of

5-9  attendance of the witness or the production of the books or papers;

5-10      (b) The witness has been subpoenaed by the Commission

5-11  pursuant to this section; and

5-12      (c) The witness has failed or refused to attend or produce the

5-13  books or papers required by the subpoena before the Commission

5-14  that is named in the subpoena, or has refused to answer questions

5-15  propounded to him.

5-16  The petition may request an order of the court compelling the

5-17  witness to attend and testify or produce the books and papers

5-18  before the Commission.

5-19      3.  Upon such a petition, the court shall enter an order

5-20  directing the witness to appear before the court at a time and place

5-21  to be fixed by the court in its order, the time to be not more than

5-22  10 days after the date of the order, and to show cause why he has

5-23  not attended or testified or produced the books or papers before

5-24  the Commission. A certified copy of the order must be served upon

5-25  the witness.

5-26      4.  If it appears to the court that the subpoena was regularly

5-27  issued by the Commission, the court shall enter an order that the

5-28  witness appear before the Commission at the time and place fixed

5-29  in the order and testify or produce the required books or papers.

5-30  Failure to obey the order constitutes contempt of court.

5-31      Sec. 8.  Each witness who appears before the Commission by

5-32  its order, except a state officer or employee, is entitled to receive

5-33  for his attendance the fees and mileage provided for witnesses in

5-34  civil cases in the courts of record of this state. The fees and

5-35  mileage must be audited and paid upon the presentation of proper

5-36  claims sworn to by the witness and approved by the Secretary and

5-37  Chairman of the Commission.

5-38      Sec. 9.  As soon as practicable before July 1, 2003, the

5-39  Governor, the Speaker of the Assembly and the Majority Leader of

5-40  the Senate shall make appointments to the Silver State Commission

5-41  on Prescription Drugs pursuant to section 3 of this act.

5-42      Sec. 10.  This act becomes effective upon passage and

5-43  approval.

 

5-44  H