Bill Lifting Pharmacist Gag Rule Passes US Senate

The US Senate this week passed the Patient Right to Know Drug Prices Act by a vote of 98-2.

Senator Sherrod Brown (D-OH), a co-sponsor of the bill, says it would lift a “gag clause” on pharmacists. 

“These pharmacy benefit managers have imposed a gag rule on pharmacists, so pharmacists can’t tell the customer, the patient, who the pharmacists in some cases they’ve known for years and knows their history and their health and what they need, can’t tell them options that would save lots and lots of money,” Brown said.

Currently, some contracts between pharmacists and pharmacy benefit managers contain clauses that prevent pharmacists from informing patients when the cash option is cheaper on a prescription drug, rather than going through their insurance.

Brown says the Senate passed two similar bills, one that affects Medicare enrollees and the other for commercial insurance holders.

"The House is going to combine them. There may be some slight differences, but they're on track to do pretty much the same thing and get the bill to the president,” Brown said. “This will mean that pharmacists can be more honest with their patients, can tell them what they need to hear, and will be able to help guide their patients so they can save money on prescriptions.”

Brown says the bill does not apply to generic prescriptions, but called it a small step in reigning in high prescription drug costs.

“If we had put provisions in there on generics the bill might’ve gone down because the drug industry, Big Pharma, always marshals their forces in opposition to generic drug laws,” Brown said.

He expects the House to pass the bill and send it to President Trump before Congress adjourns for the November elections.