Michael Silber, Author at In The States

Oregon

The Board of Pharmacy published the following proposed rules with a deadline for comments on May 26, 2021. Also, hearings are scheduled for May 26, 2021, via teleconference.

Proposed rule amends regulations under OAR 855-007 to allow pharmacists at immunizing clinics to supervise as many state-licensed immunizing interns as they determine will maintain public health and safety during a declared public health emergency. The proposal, which is the response to the COVID-19 pandemic, currently is in effect as a temporary rule, expiring June 18, 2021.
Proposed rule amends and adopts regulations under OAR 855-019, -021, -025, and -031 to incorporate cultural competency continuing education requirements for pharmacists, pharmacy technicians, and pharmacy interns.
Proposed rule amends, adopts, and repeals regulations under OAR 855-080 to update the incorporation by reference to the federal controlled substance schedules and prescription requirements. The rule also would add provisions on persons who are exempt from controlled substances registration requirements and remove outdated provisions on verification of research registration and drug disposal.
Proposed rule amends regulations under OAR 855-041 to remove the limit on epinephrine dispensed to an entity to allow maintenance of epinephrine at coronavirus (COVID-19) vaccination locations. The proposal currently is in effect as a temporary rule, expiring Sept. 19, 2021.
Proposed rule amends regulations under OAR 855-041 to revise provisions on returned drugs and devices and on secure and responsible drug disposal to implement requirements for drug take-back programs. Note: Requirements for pharmacies that operate collections sites would be updated to include notifying the Board if they initiate or cease to operate such a program.
Proposed rule amends regulations under OAR 855-001 and -041 to revise requirements for inspection of drug outlets and pharmacy records. The rule would require records to be stored on-site for 12 months, require records to be provided to the board upon request, and allow for off-site storage after 12 months.
Proposed rule amends regulations under OAR 855-110 to revise the late fee expiration dates for licensees and registrants.
Proposed rule amends regulations under OAR 855-006 and repeals regulations under OAR 855-050 to remove outdated restrictions on retail drug sales and make a confirming change to incorporate the definition of “prescription drug.”
Proposed rule amends regulations under OAR 855-041, -043, and -044 to add requirements on information inserts for prescription drugs dispensed to limited English proficiency patients.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Michael Silber2021-05-21T09:28:29-04:00May 21, 2021|Oregon|

Gov. Wolf issued a revised waiver clarifying that pharmacists may administer the COVID vaccine to patients 12 years of age and above. As in previous versions of this waiver, it does not mention pharmacy technicians but does recognize the PREP act pre-emption.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

Michael Silber2021-05-21T09:27:23-04:00May 21, 2021|Pennsylvania|

Utah

The Department of Commerce issued a final rule to amend regulations under R156-17b to conform the rule to statutory changes made by S.B. 145, S.B.157, H.B. 24, and H.B. 207 passed during the 2020 General Session. These bills amended the Pharmacy Practice Act regarding dispensing scope of practice for pharmacist and pharmacy interns and changed the requirements for the charitable prescription drug recycling program. Additionally, the Division of Occupational and Professional Licensing in collaboration with the Board of Pharmacy recommends certain amendments to the preceptor language to reflect the current practice in the profession. The rule was effective March 11.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Michael Silber2021-05-21T09:26:09-04:00May 21, 2021|Utah|

West Virginia

The Board of Pharmacy rules package was approved by the legislature via SB 182. This action authorizes the Board to promulgate legislative rules as outlined below. All are effective June 11, 2021.

15 CSR 01 – relating to licensure and practice of pharmacist care; adds a new definition of “electronic supervision” and adds “electronic” supervision of a pharmacy technician by a pharmacist to the definition of “pharmacy technician”. For more background information click here.
15 CSR 02 – relating to the Uniform Controlled Substances Act; adds Schedule V prescriptions to 8.15 Refilling Schedule III, IV, or V prescriptions. For more background information click here.
15 CSR 03 – relating to continuing education requirements for pharmacists to maintain their license to practice pharmacy in the state. For more background information click here.
15 CSR 05 – relating to wholesale distributors, third-party logistics, and manufacturers of prescription drugs. For more background information click here.
15 CSR 08 – relating to the controlled substances monitoring program; adds Schedule V prescriptions and removes gabapentin from list of drugs of concern. For more background information click here.
15 CSR 12 – relating to immunizations administered by pharmacists and pharmacy interns; makes permanent the current emergency rule. For more background information click here.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Michael Silber2021-05-21T09:25:21-04:00May 21, 2021|West Virginia|

Wyoming

The Board of Pharmacy issued the following effective May 13.

Final rule amending regulations under Commissioner of Drugs and Substances Control Chapter 10 to revise standards for issuing and dispensing prescriptions for controlled substances. The rule exempts from electronic prescribing requirements any controlled substance prescriptions that are to be dispensed from a pharmacy within federal jurisdiction.
Final rule amending regulations under Chapter 17 to revise standards for sterile compounding to reflect industry standards. The rule updates definitions specify pharmacy staff training and evaluation requirements and addresses garbing and facility controls.

Also in Wyoming, the Office of the Attorney General issued a final rule amending regulations under Schedule II Controlled Substances, Chapter 1, to add the fentanyl precursor 4-anilino-N-phenethyl-4-piperidine (ANPP) to the list of Schedule II controlled substances effective May 13.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Michael Silber2021-05-21T09:24:28-04:00May 21, 2021|Wyoming|

California

Medi-Cal has announced that it will accept pharmacy claims for dates of service on or after April 1, 2021, that use Moderna’s new National Drug Code (NDC) when billing for the administration of either dose of the Moderna COVID-19 vaccine. Details have been posted to the Medi-Cal News area of each provider community page on the Medi-Cal Provider website

Also in California, the Department of Health Care Services issued an All Plan Letter 20-022 (Revised) to all Medi-Cal Managed Care Health Plans regarding COVID-19 vaccine administration. In the letter, DHCS indicates, that in addition to arranging appointments for vaccines for homebound members via My Turn, Managed Care Health Plans may also continue to schedule vaccines for homebound members that work best for this population of patients.

Also in California, Medi-Cal announced a temporary increase in COVID-19 durable medical equipment (DME) oxygen and respiratory rates. Effective for dates of service on or after March 1, 2020, and updated effective January 1, 2021, DME oxygen and respiratory rates are temporarily increased due to the ongoing COVID-19 Public Health Emergency.

Also in California, the Global Medi-Cal DUR Board will meet via webinar on May 18, 2021. The following information has been posted to the DUR Board Meetings page of the Medi-Cal website including the Agenda, Meeting Packet, and Registration.

Also in California, the State Board of Pharmacy elected new officers for terms beginning June 1, 2021, They include the following: Dr. Seung Oh, President; Dr. Maria Serpa, Vice President; Jignesh “Jig” Patel, Treasurer.

Lastly in California, the State Board of Pharmacy added a teleconference Board Meeting date scheduled for May 27, 2021. The agenda will be posted on the Board’s website 10 days before the meeting.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Michael Silber2021-05-14T11:43:35-04:00May 14, 2021|California|

Colorado

The Board of Pharmacy’s Sunset bill SB21-094, which includes several provisions expanding pharmacists’ scope of practice, therapeutic substitution, prescription adaptation, and ability to order long-acting injectables passed the Senate 35-0. The bill was amended by the House Health and Insurance Committee on a vote of 11-2 on May 12 and now advances to the House Finance Committee.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Michael Silber2021-05-14T11:42:19-04:00May 14, 2021|Colorado|

Indiana

Gov. Eric Holcomb (R) signed into law House Bill 1468 – Various health matters – Indiana General Assembly, 2021 Session by Rep. Steven Davisson, a broad health care provider bill NACDS supported that included the following provisions that impact pharmacy practice:

Increases to 8:1 the pharmacy technician-to-pharmacists ratio;
Allows pharmacy technicians to work remotely performing certain non-dispensing duties including data entry and insurance processing;
Permits pharmacists, pharmacy students, and pharmacy technicians to administer the COVID-19 vaccine according to a prescription, protocol, or standing order in addition to the 11 other vaccination categories listed in statute;
Allows pharmacies to transfer unfilled C-II prescriptions;
Expands therapeutic substitution under a protocol;
Removes the requirement for shared record-keeping systems for pharmacists that engage in a collaborative practice agreement;
Delays e-prescribing for controlled substances until January 1, 2022.

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

Michael Silber2021-05-14T11:40:02-04:00May 14, 2021|Indiana|

Iowa

The Board of Pharmacy issued guidance on pharmacy operations under the April 30, 2021, renewed governor’s proclamation of a disaster emergency due to the COVID-19 pandemic. The guidance extends the suspension of certain regulatory provisions established under prior notices through May 30, 2021. As noted in the Board’s response, “… The Board will continue to monitor the situation as additional information is available and make necessary adjustments to provide pharmacy professionals with the guidance needed to navigate the current public health emergency.”

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Michael Silber2021-05-14T11:38:41-04:00May 14, 2021|Iowa|

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