(d) The governor shall designate one member of the board to serve as the chair. A majority of the board constitutes a quorum. The concurrence of a majority of the board in any matter within its powers and duties is required for any determination made by the board.
(3) (a) An individual who is being considered for appointment to the board shall disclose any conflict of interest to the individual's potential appointing authority. When appointing a member of the board, an appointing authority shall consider any conflict of interest disclosed by the prospective member.
(b) A board member must not be an employee, board member, or consultant of:
(I) A manufacturer or a trade association of manufacturers;
(II) A carrier or a trade association of carriers; or
(III) A pharmacy benefit manager or a trade association of pharmacy benefit managers.
(c) (I) Board members shall recuse themselves from any board activity or vote in any case in which they have a conflict of interest.
(II) Staff members and contractors of the division, on behalf of the board, shall disclose any conflict of interest related to a prescription drug for which the board is conducting an affordability review or establishing an upper payment limit.
(III) Notwithstanding subsection (3)(d) of this section and the reporting requirements set forth in section 10-16-1414 (1)(f), a conflict of interest disclosed by a staff member or by a contractor of the division, which disclosure pertains to a personal association, must remain confidential. The board, upon review of such a disclosure, may direct the staff member or contractor to recuse themselves based on the conflict of interest.
(d) On and after January 1, 2022, the division shall maintain a page on its public website for the board to use for its purposes. The board shall disclose on the page each conflict of interest that is disclosed to the board pursuant to subsection
(3)(c) of this section and section 10-16-1409 (5)(b).
