On July 22, Nurse Practitioners (TNP) filed a lawsuit seeking to invalidate Texas' physician delegation of collaborative practice requirements for nurse practitioners. The plaintiffs are asking a Texas court to declare the current framework unconstitutional under the Texas Constitution's Due Course of Law Clause and private nondelegation doctrine. The lawsuit argues that Texas improperly requires licensed nurse practitioners to obtain permission from private physicians before exercising authorities already granted by the state. While pharmacists are regulated differently than nurse practitioners, a broad judicial ruling limiting the state's ability to condition practice authority on physician approval could influence future pharmacy policy debates on expanding patient access through pharmacist-provided clinical services. NACDS is monitoring the lawsuit.  

Also in Texas, Lt. Gov. Dan Patrick (R) announced a third round of interim charges for the Senate to address before the 2027 Legislative session. Pharmacy issues are in the January and March reports. 

Also in Texas, the Health and Human Services Commission's (HHSC) Vendor Drug Program (VDP) Medicaid provided information on dispensing emergency prescriptions for the July flooding disaster declaration. 

Also in Texas, due to a potential supply gap, Sandoz is currently allocating brand-name Ritalin LA products, resulting in a product backorder. In response, the Health and Human Services Commission (HHSC) temporarily removed the non-preferred status from certain generic Ritalin LA products on the preferred drug list (PDL). 

Also in Texas, the Texas Pharmacy Congress will meet on the campus of the Texas A&M College of Pharmacy on August 6-7. 

Also in Texas, the Board of Pharmacy posted the agenda for the August 4 meeting in Austin. 

Also in Texas, effective July 1, HHSC requires a prescription for dispensing at-home COVID-19 test kits through the outpatient drug benefit for people enrolled in Medicaid and CHIP. The change is due to the end of federal regulations requiring coverage of at-home COVID-19 test kits and applies to fee-for-service and managed care. There are no changes to the maximum limit of four test kits per month. 

Also in Texas, the Department of State Health Services (DSHS) Immunization Section is hosting a back-to-school webinar for the Vaccines for Children (TVFC) and Adult Safety Net (ASN) Program Providers on August 7 from 10:00 am – 11:30 am.  

Finally in Texas, Stephanie Stephens will assume the role of Chief Medicaid and CHIP Officer, also known as Medicaid Director, on August 15. Stephens will lead Medicaid and CHIP Services through the Sunset review and the legislative session while HHSC identifies a successor. She will succeed Emily Zalkovsky.  

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