Michigan
Gov. Gretchen Whitmer (D) signed into law SB 340 pertaining to telepharmacy.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
New Mexico
During week two of the four-week legislation session, payment parity legislation which provides for reimbursement parity for prescribing pharmacists, HB 42 by Rep. Deborah Armstrong, that has broad-based support from NACDS, NMPhA, NMRA, pharmacists and pharmacies, passed the House State Government, Elections & Indian Affairs Committee and was sent to the full House for further consideration. NACDS, NMPhA, NMRA, pharmacists from around the state supported the bill. Also supporting the bill are several of the health plans – Blue Cross Blue Shield, Presbyterian, American Health Insurance Plans, AARP and Young Women United.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oklahoma
The legislature convened on Monday, February 3.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
South Carolina
H.4663: Influenza Vaccinations was amended and passed out of the House Medical, Military, Public and Municipal Affairs Subcommittee, favorably.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
In mid-January, NACDS and other pharmacy industry leaders participated in the Texas Pharmacy Association's Pharmacy Partners Council. The Council provides a forum for corporate and association leaders to foster a dialogue to broaden and strengthen shared priorities to further the pharmacy profession. Pharmacy Partners Council members in attendance included representatives from Abbvie, Alkermes, Amgen, AstraZeneca, Dynavax, GlaxoSmithKline, Merck, Pfizer, McKesson, Cardinal Health, Pharmacists Mutual, HEB, Walgreens, and NACDS.
Also in Texas… At the quarterly meeting of the Board of Pharmacy, the Board addressed rule making on several issues that were related to bills championed by NACDS. They adopted final rules on the new safe disposal of controlled substances law, HB 2088 which mandates that pharmacies provide written notice to patients receiving Schedule II prescriptions of a website that provides the locations of drug take back facilities. The Board adopted language that would allow in store signage, in addition to written or electronic notification, to satisfactorily meet the requirement of the bill.
Also in Texas... The Board also discussed the parameters that are required for the new law mandating e-prescribing for controlled substances. The Board agreed to include the language that veterinarians are exempt from the mandate, and they clarified that pharmacists will not be responsible for knowing who has a waiver from the mandate. Regarding physician waivers, the Board staff maintained that their only responsibility is to create the framework for the waiver policy, and that the Medical Board will be responsible for promulgating the specific requirements for waivers and be responsible for accepting or denying waiver applications. Public comment will be accepted on EPCS waivers at the May 5, 2020 meeting.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Virginia
NACDS was in attendance as two bills of interest to pharmacy advanced this week in the Virginia Legislature. The Senate Education and Health Subcommittee on Health Professions reported out a substitute version of SB 1026 as amended. The legislation, among other provisions, would expand pharmacists’ ability to immunize adults and test and treat adults for influenza and strep as well as other disease states under protocol. The legislation was reported out favorably and now will go before the full committee. The Subcommittee also advanced SB 830. This bill would require pharmacy technicians to have accredited training effective July 1, 2022. The bill also requires that the BOP convene a workgroup to make recommendations on expanded duties for technicians.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
California
On January 15th, the online attestation portal opened for fee-for-service Medi-Cal Pharmacy providers seeking the higher of two professional dispensing fees as part of the reimbursement for covered outpatient drugs. Medi-Cal Pharmacy providers should have received a mailer that includes the URL for the online attestation portal as well as a unique login ID and password. The two-tiered professional dispensing fee is based on a Pharmacy provider's total (Medi-Cal and non-Medi-Cal) annual pharmacy claim volume ($13.20 if fewer than 90,000 claims per year; $10.05 if 90,000 or more). Reporting the claim volume is a self-attestation process, which must be submitted electronically and must be repeated annually.
The attestation period for the calendar year 2019 is open from January 15, 2020, through February 29, 2020. The attestation for the 2019 calendar year reporting period will determine the professional dispensing fee component of the pharmacy claim reimbursement for claims with dates of service within the state's following fiscal year (dates of service from July 1, 2020, through June 30, 2021). For additional information, providers may refer to the Pharmacy Provider Self-Attestation FAQs on the Medi-Cal website or the Pharmacy Reimbursement Project page of the DHCS website.
Also in California... The Department of Health Care Services renamed its multi-year reform initiative aimed at improving the health outcomes and quality of life for California's population in Medi-Cal. Effective immediately, the broad-based effort to transform the Medi-Cal delivery system, program and payment structure formerly called California Advancing and Innovating Medi-Cal (CalAIM), will be known as Medi-Cal Healthier California for All.
Also in California... Gov. Gavin Newsom (D) appointed Jacey Cooper to serve as the state Medicaid Director and Chief Deputy Director of Health Care Programs at the Department of Health Care Services. Cooper has been Assistant Deputy Director of Health Care Delivery Systems at the Department of Health Care Services since 2016.
Also in California... Earlier this month, Gov. Gavin Newsom (D) signed into law several bills adding or amending laws that govern the practice of pharmacy in California. Unless specified otherwise, the new laws took effect on January 1, 2020. Many of the key provisions are summarized below.
- AB 528 Controlled Substances: CURES Database Effective January 1, 2021, this law expands the CURES reporting requirements to include Schedule V drugs and reduces the reporting deadline to one working day from the date the prescription was released to the patient.
- AB 690 Pharmacies: Relocation: Remote Dispensing Site Pharmacy: Pharmacy Technician: Qualifications. Effective upon signing by the Governor, this law creates a limited exemption to the licensure transferability requirements for a pharmacy to relocate because of damage caused by a declared disaster. The law also establishes specific requirements for a pharmacy technician working in a remote dispensing site pharmacy.
- AB 973 Pharmacies: Compounding. This law requires that compounding of drug preparations by a pharmacy must be done consistent with the relevant compounding chapters of the United States Pharmacopeia-National Formulary (USP). The board recently released a policy statement regarding California legal requirements for compounding pharmacies pending information from USP regarding implementation of chapters 795, 797, and 800. The policy statement is available on the board's website.
- AB 1723 Clinics: Purchasing Drugs at Wholesale. This law increases the maximum hours of operation for a primary care community clinic or free clinic from 20 hours to 40 hours per week.
- SB 159 HIV Preexposure and Postexposure Prophylaxis. This comprehensive law authorizes pharmacists to independently initiate and furnish HIV preexposure and postexposure prophylaxis under specific conditions. Key provisions also require the Board of Pharmacy, in consultation with the Medical Board of California (MBC), to approve training programs that pharmacists must complete before furnishing either preexposure or postexposure prophylaxis. In addition, the law specifies guidelines issued by the federal Centers for Disease Control and Prevention (CDC) that the Board of Pharmacy must use to establish the drug or drug combinations to be furnished:
o For HIV preexposure prophylaxis: "2017 Preexposure Prophylaxis for the Prevention of HIV Infection in the United States – 2017 Update: A Clinical Practice Guideline," or any subsequent guidelines published by the CDC.
o For HIV postexposure prophylaxis: "Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection Drug Use, or Other Nonoccupational Exposure to HIV–United States, 2016," or any subsequent guidelines published by the CDC.
The law also requires the Board of Pharmacy to consult with the medical Board in developing emergency regulations to be adopted by July 1, 2020, to implement the law. The board's Licensing Committee held a meeting in early January with stakeholders regarding implementation of SB 159, and the committee will report its recommendations at the January 29-30 board meeting in Glendale.
- SB 569 Controlled Substances: Prescriptions: Declared Local, State, or Federal Emergency. This law authorizes a pharmacist to fill a prescription for a controlled substance that does not conform to the controlled substances security form requirements under specific conditions.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
The Department of Regulatory Agencies (DORA) Division of Professions and Occupations is hosting an educational webinar about the new state certification requirement for all pharmacy technicians. To register for the February 6th webinar, go to https://attendee.gotowebinar.com/register/6460030340400548364.
Also in Colorado… Effective March 30th, the new state law HB19-1242 – Regulate Pharmacy Technicians requires pharmacy technicians obtain a certification from the State Board of Pharmacy. Certification requirements are in Rule 29 on page 199 of the new Rules.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Louisiana
In advance of the January 29th public hearing, NACDS submitted comments to the Department of Health’s Bureau of Health Services Financing in support of the proposed rule changes relating to Vaccine Administration and Reimbursement. In our letter we commended the Bureau for pursuing rulemaking to expand the types of vaccines that pharmacy providers can offer and be reimbursed for providing to Medicaid beneficiaries. This rule change will broaden access to important immunization services for Medicaid beneficiaries, ultimately helping to improve the health of covered individuals, leading to healthier communities in general and reducing overall healthcare spending.
For more information, contact NACDS’ Mary Staples at 817-442-1155.