(a) It shall be unlawful for any employer providing pharmacy services, including prescription drugs, to employees as a part of a health care program to require the employee to obtain drugs from an out-of-state mail-order pharmacy as a condition of obtaining the employer's payment for the prescription drugs or to impose upon an employee not utilizing an out-of-state mail-order pharmacy designated by the employer a copayment fee or other condition not imposed upon employees utilizing the designated out-of-state mail-order pharmacy.
(b) (1) This section shall not apply to any employer who:
(A) Offers, as a part of a health care program, health insurance coverage to employees that provides for payment of an equal portion of the cost to the employee for prescription drugs regardless of the supplier if the health insurance plan allows the employee freedom of choice in determining where the drugs are purchased; or
(B) Had in force effective January 1, 1987, a mail-order prescription drug plan for employees.
(2) The provisions of this section shall not be applicable to health care programs in existence on March 30, 1987.
(c) (1) Any person or entity violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).
(2) Each violation shall constitute a separate offense.
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