Gov. Gavin Newsom (D) signed two bills, supported by NACDS, including AB (Assembly Bill) 1341 (Chapter 276, Statutes of 2023), legislation permitting pharmacists to provide COVID-19 medication as well as offer broader options for substance use disorder treatments as specified in the bill, and AB 317 (Chapter 322, Statutes of 2023), legislation helping to support patient access to essential healthcare services provided by pharmacists by requiring healthcare service plans that cover care that is otherwise within pharmacists’ scope of practice to reimbursement pharmacy providers for delivering those services. 

Also in California, Gov. Gavin Newsom (D) signed SB (Senate Bill) 786 (Chapter 414, Statues of 2023), legislation related to 340B, prohibiting PBMs from discriminating against a covered entity or its pharmacy in connection with dispensing a drug subject to federal pricing requirements or prevent a covered entity from retaining the benefit of discounted drug pricing for those drugs. 

Also in California, Gov. Gavin Newsom (D) signed AB 1286 (Chapter 470, Statutes of 2023), legislation sponsored by the Board of Pharmacy and opposed by NACDS and for which we urged him to veto because the legislation that would impose arbitrary staffing limits and impede pharmacies’ ability to optimize the use of pharmacy technicians to assist with technical duties that do not require a pharmacist’s professional judgement. This bill authorizes a pharmacy technician under the direct supervision and control of a pharmacist to prepare and administer influenza and COVID-19 vaccines, prepare, and administer epinephrine, perform specimen collection for specified tests, receive prescription transfers and accept clarification on prescriptions. The bill would prohibit a pharmacy with only one pharmacist from having more than one pharmacy technician performing these additionally authorized tasks unless the pharmacy has scheduled another pharmacy technician to assist the pharmacist with performing the nondiscretionary tasks currently authorized under existing law.  

Among the other provisions, the bill requires a pharmacist-in-charge or pharmacist on duty to immediately notify store management of any conditions that present an immediate risk of death, illness or irreparable harm to patients, personnel or pharmacy staff and requires store management to take immediate and reasonable steps to address and resolve those conditions. If those conditions are not resolved within 24 hours, it requires the pharmacist-in-charge or pharmacist on duty to notify the Board of Pharmacy. The board’s executive officer may choose to issue a cease-and-desist order, upon a reasonable belief that conditions within a pharmacy exist that present an immediate risk of death, illness or irreparable harm to patients, personnel, or pharmacy staff. Also in the bill, a chain community pharmacy, having 75 or more stores in California under the same ownership, must always be staffed with at least one clerk or pharmacy technician fully dedicated to performing pharmacy-related services with defined exceptions. Additionally, the bill requires a licensed community pharmacy to report all medication errors to an entity approved by the board.  

Also in California, Gov. Gavin Newsom (D) vetoed AB 782, legislation that would have excluded reconstitution of a drug pursuant to a manufacturer’s directions, tablet splitting or crushing, capsule opening or the addition of a flavoring agent from the Pharmacy Law’s definition of compounding. 

Also in California, on October 16, the Board of Pharmacy released the following message: 

Today this the start of National Pharmacy week, and the California State Board of Pharmacy would like to take this time to thank all pharmacy personnel for your hard work and professionalism to your patients. 

Each job plays an important part in providing the highest quality of care. According to recent statistics, more than 90% of Americans live within five miles of a community pharmacy, making your care accessible to millions of people. 

Thank you for your commitment to patient care and safety. 

Thank you! 

Also in California, the Department of Health Care Services (DHCS) posted the following alerts and weekly notices on the Medi-Cal Rx Web Portal. Please note the postponed implementation date for Reject Code 80; see alert for details. DHCS (Department of Health Care Services) anticipates Reject Code 80 will be reinstated before the end of 2023. They have initiated efforts to more precisely communicate the diagnosis requirements that will be reinstated and will provide a 30-day notice prior to this reinstatement. Also, as a reminder, on November 10, Medi-Cal Rx will proceed with the reinstatement of the Enteral Nutrition transition policy for members ages 22 years and older and the Brand Medically Necessary (BMN) PA (prior authorization) requirements will also be reinstated on November 10. 

Finally in California, Medi-Cal posted the following: 

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