HAR §16-95-101. Procedures to advertise prescription drugs

(a) Advertising of prescription drugs is to provide the public with information in a manner consistent with public health and safety. Prescription drug advertising is for the purpose of providing information and not to create a demand for drugs. A pharmacy, if it chooses to advertise, will advertise prescription prices, drugs, and reference to prescription prices and drugs in accordance with this section: (1) A pharmacy may post its prices for prescription drugs on a prescription price poster. The form of the posting shall be legible; (2) A pharmacy may advertise prescription prices by publication or display in any media. For purposes of this section, "media" includes but is not limited to newspapers, magazines, calling cards, and directories, including all listings in telephone directories; (3) Any advertisement for prescription drugs shall be made in three commonly prescribed quantities; (4) Any advertisement for prescription drugs or prices shall be truthful, reasonable, fully informative, and understandable to the public and shall not be false or misleading; (5) Any advertisement for prescription drugs shall state the time period during which the prices advertised will be effective; and (b) The price for prescription drugs advertised shall not be below cost as defined in section 481-3, HRS, as amended. (c) A pharmacist or the pharmacist's agent upon request however communicated to the pharmacist shall give the current price for any drug sold at the pharmacist's pharmacy for informational purposes only and the price quoted shall not be false or misleading but must be truthful, reasonable, informative, and understandable to the public. [Eff and comp 12/24/92; comp 12/25/04; am and comp 06/22/15; am and comp 8/15/16] (Auth: HRS §§461-1, 461-4.5, 461-21) (Imp: HRS §§461-4.5, 461-21) Historical note: The substance of this section is substantially identical to sections 16-95-5, 16-95-6 and 16-95-7. [Eff 5/16/64; 9/1/74; am 2/3/78; am and ren §§16- 95-5, 16-95-6, 16-95-7, 6/22/81; R 12/24/92] §16-95-102 95-39