376.393. Pharmacy benefits manager, license required — definitions — complaints, procedure. — 1. As used in this section, the following terms shall mean:
(1) "Health carrier" or "carrier", the same meaning as is ascribed to such term in section 376.1350;
(2) "Pharmacy benefits manager", the same meaning as is ascribed to such term in section 376.388.
2. No entity subject to the jurisdiction of this state shall act as a pharmacy benefits manager without a license issued by the department. The department shall establish by rule the application process and license fee for pharmacy benefits managers.
3. The department may cause a complaint to be filed with the administrative hearing commission as provided in chapter 621 against any holder of a license issued under this section for:
(1) Violation of the laws or regulations of any state or of the United States, where the offense is reasonably related to the qualifications, functions, or duties of a pharmacy benefits* manager, including, but not limited to, where an essential element of the offense is fraud, dishonesty, or an act of violence, or where the offense involves moral turpitude, or where the offense involves failure to comply with a requirement of this chapter, whether or not sentence or penalty is imposed;
(2) Use of fraud, deception, misrepresentation, or bribery for any reason;
(3) Obtaining or attempting to obtain any fee, charge, tuition, or other compensation by fraud, deception, or misrepresentation;
(4) Incompetence, misconduct, gross negligence, or dishonesty in the performance of the functions or duties of a pharmacy benefits manager or other regulated profession or activity; or
(5) Disciplinary action taken against the holder of a license or other right to practice as a pharmacy benefits manager or other regulated profession.
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(L. 2020 H.B. 1682)
*Word "benefit" appears in original rolls.