Legislation, NACDS supports after our amendments were accepted that prohibits the sale of products containing dextromethorphan to persons under the age of 18 years, has passed the House and is pending final action by the Senate. (HB 1518/SB 349)

Also in Texas…HB 1264, legislation filed by Rep. Senfronia Thompson (D), the Chair of the House Public Health Committee, which will repeal the sunset date for pharmacists reporting the dispensing of biologics, passed both the House and Senate, and now is headed to Gov. Greg Abbott (R) to be signed into law.

Also in Texas… NACDS-supported non-controversial clean-up legislation clarifying that pharmacists do not have to do redundant checking of the prescription monitoring program (PMP) when refilling Schedule II-V controlled substances—since both prescribers and dispensers already reviewed the PMP report prior to the initial prescribing and dispensing of the prescription—passed the Senate and is pending in the House. (HB 577/SB 420)

Also in Texas…After negotiations with Rep. Jay Dean (R), Dean agreed to withdraw HB 2086, legislation that would have mandated all pharmacies take back and dispose of unwanted medications free of charge. If a pharmacy does not provide safe disposal options at no cost to the consumer, then the compromise reached with Rep. Dean requires pharmacies to simply include messaging and a link to the Drug Enforcement Administration as part of the patient information provided with every Schedule II controlled substance prescription. The committee substitute bill (CS HB 2088) passed the House Public Health Committee on April 24 and is pending a vote by the full House.

Also in Texas…NACDS successfully negotiated amendments to Rep. Shawn Thierry’s (D) bill that requires pharmacies to add the same auxiliary warning label on opioid prescriptions that has been adopted by five other states—“Caution: Opioid. Risk of overdose and addiction.” (CS HB 562) As part of the compromise, the representative agreed not to pursue two other bills mandating onerous additional opioid counseling and documentation requirements, and the other bill required additional written material on the dangers of opioids, a lengthy warning label in large capital letters, and red caps for all opioid prescriptions. (HB 536 & HB 563)

Also in Texas…HB 2174, legislation mandating all controlled substance be electronically prescribed by Friday, January 1, 2021, and for which NACDS has garnered broad-based support, passed the House on April 26.  It was subsequently referred to the Senate Health and Human Services Committee where NACDS hopes to substitute SB 1233—the companion bill filed by Sen. Lois Kolkhorst (R), the chair of the Committee—which was heard in the Committee last month along with the House-passed version.

Also in Texas…Effective April 15, the Health and Human Services Commission (HHSC) implemented the final rules to align reimbursement standards for pharmacy services to conform with the Medicaid State Plan (SP) under 1 TAC §§355.8541, 355.8548, 355.8551. The final rule revisions are consistent with the current SP and federal law and do not constitute a change to current pharmacy reimbursement under Medicaid fee-for-service; reimbursement is calculated consistently with the Medicaid State Plan and federal law. Additionally, the final rule changes under 1 TAC §354.1831 amending regulations to clarify that limited home health supplies listed in the Texas Drug Code Index are covered drugs. Lastly, the rule changes under 1 TAC §354.1867 amend regulations to clarify that early refills of drugs used to treat chronic conditions included in a medication synchronization plan may be jointly approved by the HHSC, the applicable pharmacist, enrollee, and the prescribing physician or healthcare provider. The rule also clarifies that pharmacists must comply with related procedures in the Vendor Drug Program pharmacy provider manual, and that dispensing fees will not be prorated.

For more information, contact NACDS’ Mary Staples at 817-442-1155.