Nevada
The Board of Pharmacy met in Las Vegas on September 6 and 7. Use this link to access the agenda, minutes, and meeting materials.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
On August 29, the New York Department of Health issued an updated policy regarding the Medicaid coverage and reimbursement of RSV vaccines.
Also in New York, NACDS joined a coalition letter against the proposed central fill pharmacy regulations that included a broad coalition including the Business Council of New York, Food Industry Alliance of New York and two FQHC (Federally Qualified Health Centers). NACDS and members have been actively advocating for a change and delay in the proposed regulations, that amongst its provisions would:
- Create a new central fill pharmacy registration class;
- Prohibit central fill pharmacies from being open to the public;
- Require that central fill pharmacies only prepare, and fill prescriptions sent from an originating pharmacy;
- Prohibit direct-to-patient central fill models;
- Require the originating pharmacy to obtain consent from the patient in writing before a prescription may be prepared by a central fill pharmacy;
- Requires an originating pharmacy to be able to prepare and dispense a prescription to a patient should the prescription not be received from the central fill pharmacy, or the patient seeks to pick-up the prescription from the originating pharmacy before it has been prepared by a central fill pharmacy; and
- Requires nonresident pharmacies engaged in central fill models to comply with select provisions of the rule.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
North Carolina
Governor Roy Cooper (D) declared a State of Emergency ahead of the impact of Hurricane Idalia. Pharmacists are reminded that a state of emergency declaration triggers obligations for health benefit plans to cover emergency refills of prescriptions. More information from the NC Department of Insurance is here. Pharmacists and pharmacies are reminded that the Board of Pharmacy has exercised its authority under G.S. 90-85.25(a) to waive certain requirements of the North Carolina Pharmacy Practice Act to facilitate the provision of patient care during a declared emergency. With Hurricane Idalia’s approach, now is the time to review that policy and start implementing plans to ensure continuity of patient care.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Ohio
The Board of Pharmacy published a bulletin complying with the new regulations effective September 1 that authorize technicians to administer immunizations.
Also in Ohio, Medicaid (ODM) announced new Professional Dispensing Fee Rates in both the SPBM (Single PBM) and Fee-for-Service programs. The increases in the SPBM Managed Care program will be effective September 1, 2023. Since SPA approval is needed for the Fee-For-Service program, ODM projects that implementation would be effective on January 1, 2024.
Also in Ohio, the Board of Pharmacy has proposed the following rules for stakeholder feedback:
- 4729:5-3-21 – Continuous Quality Improvement Programs in Pharmacy Services. (NEW – Applies to Outpatient and Institutional Pharmacies)
- 4729:1-4-02 – Duty to report (Pharmacists). (AMEND)
- 4729:2-4-02 – Duty to report (Pharmacy Interns). (AMEND)
- 4729:3-4-02 – Duty to report (Pharmacy Technicians). (AMEND)
- 4729:5-4-02 – Duty to report (Pharmacies). (NEW)
Comments on the proposed rules will be accepted until close of business on September 8 and should be submitted here.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oklahoma
The Board of Pharmacy adopted Chapter 15 approved rule allowing pharmacy technicians to administer immunizations, effective September 1, 2023.
Also in Oklahoma, Gov. Kevin Stitt (R) appointed Ellen Buettner as the new CEO (Chief Executive Officer) of the Oklahoma Health Care Authority (OHCA) which oversees Oklahoma’s Medicaid program. She had served as Chief of Staff since 2019.
Finally in Oklahoma, the Oklahoma Pharmacists Association’s (OPhA) annual convention was held in Oklahoma City last weekend where the President of Osborn Drugs, Bill Osborn, was sworn in to serve as the President of OPhA.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oregon
Gov. Tina Kotek (D) signed HB 2725 (Chapter 509), legislation prohibiting PBMs (Pharmacy Benefit Managers) from retroactively denying or reducing payment on a claim after adjudication unless the pharmacy and PBM agree that payment was incorrect due to clerical error. It also prohibits PBMs from imposing fees on pharmacies after point of sale. It also requires a PBM, if denying or reducing reimbursement on a claim, to provide notice to pharmacy of specific claim that is denied or reduced and detailed explanation for denial or reduction.
Also in Oregon, the Oregon Health Authority has posted new protocols for the following vaccines: RSV (Respiratory Syncytial Virus), Influenza (IIV 2023-24 – Interim), and Influenza (LAIV 2023-24 – Interim). An interim protocol will be replaced with a final protocol once the ACIP (Advisory Committee on Immunization Practice) recommendations are published in the MMWR (Morbidity and Mortality Weekly Report). Also, the following protocols have been updated: HPV (HUMAN PAPILLOMA VIRUS) vaccines (9vHPV) and Meningococcal A, C, W, T and B.
Also in Oregon, the Board of Pharmacy posted opportunities for interested persons to serve on the Board. The Board has the following member opportunities available:
- Two Pharmacy Technician member positions available for reappointment or appointment – Apply here by November 5, 2023
- One public member position available for reappointment or appointment – Apply here by November 5, 2023
Board members are appointed by Governor Tina Kotek and each Board member serves at the pleasure of the Governor. If you are interested in applying to serve on the Board, please visit the Board Member Opportunities webpage, review ORS 689.115, and apply through the governor’s Boards and Commissions website.
Finally in Oregon, the Board of Pharmacy announced the next meeting of the Public Health & Pharmacy Formulary Advisory Committee and posted the meeting agenda. Of interest is “Concept #1 – Immunizations” under “Committee Protocol Development”. A link to the meeting agenda is provided below.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
South Carolina
Gov. Henry McMaster (R) declared a State of Emergency in South Carolina ahead of the impacts of Hurricane Idalia.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
Gov. Bill Lee (R), Department of Economic and Community Development Commissioner Stuart C. McWhorter, and The Kroger Company officials announced that Kroger will be constructing its fifth U.S. Central Fill facility in Cleveland, TN. Rep. Kevin Raper (R-Cleveland) stated, “…This endeavor will create 140 jobs and provide state-of-the-art care through the utilization of automated technology to fulfill prescriptions. We are honored to be the site for this project, and highly anticipate the positive impact it will have on our economy and community.”
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
On September 1, 2023 more than 770 new laws passed by the legislature went into effect, including Senate Bill 29 that bans the state from enacting mask mandates, vaccine mandates or business and school closures to prevent the spread of COVID-19. The law makes exceptions for certain entities, such as prisons, hospitals and assisted living centers or nursing homes.
Also in Texas, NACDS sponsored the Passing of the Gavel ceremony where HEB pharmacist Jay Bueche was sworn in as president at the Texas Pharmacy Association’s (TPA) Convention and Expo in Houston.
Also in Texas, the Health, and Human Services Commission (HHSC) Vendor drug program provided several updates of interest to pharmacies:
- September 2023 draft specialty drug list is now available for public comment.
- July 2023 Medicaid Preferred Drug List update which includes changes approved at the January and April 2023 Drug Utilization Review Board meetings. 
- Hepatitis C Treatment Resources Available for Medicaid Clients
- Mosquito Repellent Pharmacy Benefits Available
- Members Sought for the Drug Utilization Review Board (applications due September 15)
- Pharmacy Education Information and Opportunities
- Pharmacy Email Addresses Must Be Current in PEMS (Provider Enrollment and Management System)
Finally in Texas, the Senate impeachment trial for suspended Attorney General Ken Paxton (R) convened on September 5, and the trial is expected to last two-three weeks. In May, Paxton was impeached by the House of Representatives by a vote of 121-23 (61D & 60R) on 20 charges of misapplication of public resources, bribery, obstruction of justice, abuse of public trust and disregard or official duties. Lt. Governor Dan Patrick (R) is presiding over the trial and the 31 State Senators are serving as the jurors.
For more information, contact NACDS’ Mary Staples at 817-442-1155.