§ 369-bb. Drug utilization review board. 1. A twenty-three-member\ndrug utilization review board is hereby created in the department. The\nboard is responsible for the establishment and implementation of medical\nstandards and criteria for the retrospective and prospective DUR\nprogram.\n 2. The members of the DUR board shall be appointed by the commissioner\nand shall serve a three-year term. Members may be reappointed upon the\ncompletion of other terms. The membership shall be comprised of the\nfollowing:\n (a) Six persons licensed and actively engaged in the practice of\nmedicine in the state, with expertise in the areas of mental health,\nHIV/AIDS, geriatrics, pediatrics or internal medicine and who may be\nselected based on input from professional associations and/or advocacy\ngroups in New York state.\n (b) Six persons licensed and actively practicing in pharmacy in the\nstate who may be selected based on input from professional associations\nand/or advocacy groups in New York state.\n (c) Two persons with expertise in drug utilization review who are\nhealth care professionals licensed under Title VIII of the education law\nat least one of whom is a pharmacologist.\n (d) Three persons that are consumers or consumer representatives of\norganizations with a regional or statewide constituency and who have\nbeen involved in activities related to health care consumer advocacy,\nincluding issues affecting Medicaid or EPIC recipients.\n (e) One person licensed and actively practicing as a nurse\npractitioner or midwife.\n (f) Two persons who are health care economists.\n (g) One person who is an actuary.\n (h) One person representing the department of financial services.\n (i) The commissioner shall designate a person from the department to\nserve as chairperson of the board.\n 3. The appointed members to the board, or its agents shall have no\nsanctions against them by medicare or medicaid.\n 4. The appointments to this board shall be made so that the length of\nthe terms are staggered. In making the appointments, the commissioner\nshall consider geographic balance in the representation on the board.\n 5. (a) The functions, powers and duties of the former pharmacy and\ntherapeutics committee as established in article two-A of the public\nhealth law shall now be considered a function of the drug utilization\nreview board, including but not limited to:\n (i) conducting an executive session for the purpose of receiving and\nevaluating drug pricing information related to supplemental rebates, or\nreceiving and evaluating trade secrets, or other information which, if\ndisclosed, would cause substantial injury to the competitive position of\nthe manufacturer; and\n (ii) evaluating and providing recommendations to the commissioner of\nhealth on other issues relating to pharmacy services under Medicaid or\nEPIC, including, but not limited to: therapeutic comparisons; enhanced\nuse of generic drug products; enhanced targeting of physician\nprescribing patterns; and\n (iii) collaborating with managed care organizations to address drug\nutilization concerns and to implement consistent management strategies\nacross the fee-for-service and managed care pharmacy benefits.\n (b) Any business or other matter undertaken or commenced by the\npharmacy and therapeutics committee pertaining to or connected with the\nfunctions, powers, obligations and duties are hereby transferred and\nassigned to the drug utilization review board and pending on the\neffective date of this subdivision, may be conducted and completed by\nthe drug utilization review board in the same manner and under the same\nterms and conditions and with the same effect as if conducted and\ncompleted by the pharmacy and therapeutics committee. All books, papers,\nand property of the pharmacy and therapeutics committee shall continue\nto be maintained by the drug utilization review board.\n (c) All rules, regulations, acts, orders, determinations, and\ndecisions
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