§2869. Pharmacy benefit manager monitoring advisory council; membership; functions

            A. There is hereby created within the Department of Insurance a pharmacy benefit manager monitoring advisory council, referred to hereafter in this Chapter as the "advisory council", that shall consist of the following members:

            (1) The commissioner of the Department of Insurance, or his designee from the department.

            (2) The attorney general, or her designee from the department.

            (3) The secretary of the Louisiana Department of Health, or his designee from the department.

            (4) A pharmacist who works for a chain drug store appointed by the Louisiana Alliance of Retail Pharmacies.

            (5) An independent pharmacist appointed by the Louisiana Independent Pharmacies Association.

            (6) The president of the Pharmaceutical Research and Manufacturers of America, or his designee.

            (7) The president of the Louisiana Association of Health Plans, or his designee.

            (8) An employee of a pharmacy benefit manager licensed by the Louisiana Board of Pharmacy, selected by the Louisiana affiliate of the Pharmaceutical Care Management Association from a list of interested and qualified individuals. The employee shall have responsibility for and experience in daily administrative functions of the business practices of the pharmacy benefit manager.

            (9) The governor, or his designee from the office of the governor.

            (10) The chairman of the House Committee on Insurance, or his designee who is a member of the House of Representatives, who shall serve as vice chairman of the council.

            (11) The chairman of the Senate Committee on Insurance, or his designee who is a member of the Senate, who shall serve as the chairman of the council.

            (12) The chairman of the House Committee on Health and Welfare, or his designee who is a member of the House of Representatives.

            (13) The chairman of the Senate Committee on Health and Welfare, or his designee who is a member of the Senate.

            B. The members of the advisory council shall serve at the pleasure of their respective appointing authorities. Seven members shall constitute a quorum for the transaction of all business. The chairman shall fix a time and place for regular meetings of the advisory council, which shall meet at least quarterly. The advisory council shall establish policies and procedures necessary to carry out its duties. Expenses for the administrative staffing of the advisory council shall be provided for from the licensing fees paid by pharmacy benefit managers and may be transferred between state agencies by memorandum of understanding or cooperative endeavor agreement.

            C. The commissioner of insurance and the Board of Pharmacy may utilize the full advisory council or individual member agency expertise for the purpose of investigating a complaint against a pharmacy benefit manager or conducting an audit of a pharmacy benefit manager. In exercising the authority provided for in this Subsection, the same provisions of confidentiality applicable to the Department of Insurance and Louisiana Board of Pharmacy during an investigation shall apply to the advisory council or individual member agencies whose expertise is being utilized. The advisory council may meet in executive session, as necessary, to discuss matters involving an active investigation.

            D. The advisory council shall provide monitoring of pharmacy benefit managers in Louisiana to advise the legislature, commissioner of insurance, and Board of Pharmacy on the most effective and efficient manner of regulation of pharmacy benefit managers to ensure the protection of the public. Any licensed pharmacy benefit manager operating in the state of Louisiana shall provide full cooperation with the advisory council on matters including but not limited to those set forth in Subsection E of this Section.

            E. The advisory council shall advise on matters including but not limited to the licensure and regulation of pharmacy benefit managers set forth in this Title and Titles 22 and 37 of the Louisiana Revised Statutes of 1950, applicable rules and regulations of state agencies, and federal laws or rules relative to pharmacy benefit managers.

            F. The advisory council may conduct and its members may attend and participate in a meeting via electronic means in accordance with R.S. 42:17.2.

            Acts 2019, No. 124, §3, eff. Aug. 1, 2019; Acts 2022, No. 723, §1, eff. June 18, 2022; Acts 2025, No. 474, §2, eff. June 20, 2025.