Section 6826. Drug retail price lists

1. Every pharmacy shall compile a
  drug retail price list, which shall contain the names of  the  drugs  on
  the  list  provided  by  the  board, the pharmacy's corresponding retail
  prices for each drug. Every pharmacy shall update its drug  retail  list
  at least weekly and provide the time and date that the list was updated.
  Every  pharmacy  shall  provide the drug retail price list to any person
  upon request.
    2. a. The list provided by  the  board  shall  be  prepared  at  least
  annually by the board and distributed to each pharmacy in the state. The
  list  shall  be  a  compendium  of the one hundred fifty most frequently
  prescribed  drugs  together  with  their  usual  dosages  for  which   a
  prescription  is  required by the provisions of the "Federal Food, Drug,
  and Cosmetic Act" (21 U.S.C. 301, et seq.; 52 Stat. 1040, et  seq.),  as
  amended,  or  by  the  commissioner  of health. The board shall make the
  compendium list available to each  pharmacy  free  of  charge,  both  in
  printed  form  and in an electronic form that can be used to produce the
  pharmacy's drug retail list. The board shall provide the compendium list
  to the department of health.
    b. The drug retail price list shall contain an advisory  statement  by
  the  department alerting consumers to the need to tell their health care
  practitioner and pharmacist about all the medications they may be taking
  and to ask them how to avoid harmful interactions between drugs, if any.
  A pharmacy may include on its drug retail price list  a  statement:  (a)
  concerning discounts from its listed retail prices that may be available
  to  consumers  and  (b) any limitations that the pharmacy may have as to
  what group or groups of customers it serves.
    3. The pharmacy's corresponding retail price means the actual price to
  be paid by a retail purchaser to the pharmacy for any listed drug at the
  listed dosage. However, upon implementation  of  the  prescription  drug
  retail price list database by the department of health under section two
  hundred   seventy-six-a   of  the  public  health  law,  the  pharmacy's
  corresponding retail price shall mean  the  price  sent  to  it  by  the
  department of health under that section.
    4.  Pharmacies  shall have a sign notifying people of the availability
  of the drug retail price list and the availability of the department  of
  health  prescription drug retail price list database and the web address
  of that database, conspicuously posted at or adjacent to  the  place  in
  the  pharmacy  where  prescriptions  are  presented  for compounding and
  dispensing, in the waiting area for customers,  or  in  the  area  where
  prescribed drugs are delivered.
    5. Nothing contained herein shall prevent a pharmacy from changing and
  charging  the current retail price at any time, provided that the listed
  price is updated at least weekly to reflect the new retail price.
    6. The commissioner shall make regulations necessary to implement this
  section, including  how  this  section  is  applied  to  mail-order  and
  internet pharmacies.