Alaska
The Alaska Department of Health and Social Services, in addition to recognizing pharmacists as providers and reimbursing them for their services, is proposing a rule to reimburse pharmacists who provide professional services within a defined scope of practice authority or under a statewide standing order during a public health emergency. The rule would also increase dispensing fee rates and increase the drug acquisition cost if there is a shortage.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Arkansas
In response to Secretary Azar’s PREP Act declaration, the Board of Pharmacy has posted a statement listing under which conditions pharmacists and pharmacist-interns acting under the supervision of a pharmacist are allowed to order and administer immunizations to children 3-18 years of age.
Also in Arkansas. The Department of Human Services adopted a final rule amending the medical assistance regulations and the Medicaid state plan to add coverage for medication-assisted treatment for opioid use disorders, effective August 1. The rule also revises the agency provider for physicians, outpatient behavioral health services, pharmacies, federally qualified health centers, hospitals, nurse practitioners, and rural health clinics, effective September 1, 2020.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
The Department of Regulatory Agencies, Division of Insurance, adopted an emergency rule effective August 14 through December 12, 2020, that requires carriers to reimburse providers for medically necessary covered health care services provided through telehealth during the coronavirus public health emergency. The rule replaces the April 3 emergency rule (20-E-05) and requires telehealth services to be reimbursed at rates no lower than in-person services, in compliance with state behavioral health parity laws, and without specific requirements or limitations on the technologies used. Also, the rule requires carriers to allow covered persons who do not have established relationships with specific providers to receive medically necessary health care services via telehealth from those providers. Finally, the rule prohibits carriers from imposing additional certification, location, or training requirements; requires carriers to notify providers of any instructions necessary to facilitate billing for telehealth, and requires carriers to cover telehealth services provided by nonparticipating providers if their own providers can’t provide such services).
Also in Colorado. NACDS and the Colorado Retail Council participated in a meeting with the Department of Health Care Policy and Financing (HCPF) to discuss their progress in developing the Colorado Drug Importation Program. The General Assembly passed legislation in 2019 (SB19-005) that allows the state to establish a program allowing the wholesale importation of prescription drugs from Canada for resale to Colorado residents as an attempt to reign in the high cost of drugs. More information can be found here and here.
Also in Colorado. The Board of Pharmacy adopted several new rules that went into effect on August 30, 2020. These rules provide clarity on the suspended and modified rules related to the COVID pandemic.
Lastly, in Colorado. On September 17, 2020, at 8:45 AM MT, the Board of Pharmacy will host a webinar and will be accepting comments on a proposed rule that would add provisions on the distribution of drugs by other outlet pharmacies, the provision of HIV infection prevention medications to patients, and requirements for prescription orders for controlled substances. The rule would also update references to federal standards. To participate, Register Here. Draft rules can be found here.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Illinois
The Illinois Department of Healthcare and Family Services has posted an Updated Medicaid Preferred Drug List effective October 1, 2020.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Iowa
The Department of Human Services issued an Informational Letter outlining Medicaid flexibilities in response to the Derecho disaster. Flexibilities outlined in the letter pertain to prior authorization, early refills, and telehealth.
Also in Iowa. The Department of Human Services announced another delay of the effective date of a final rule that amends regulations under 441 IAC 78 and 79 regarding covered prescription and nonprescription outpatient drug policies. The rule revises the list of covered nonprescription drugs, the quantities of prescribed drugs, refill requirements, drug reimbursement methodology, and credits for returned unit dose drugs not consumed. In addition, the rule addresses prior authorization limitations on medication-assisted treatment. The rule was scheduled to be effective February 12 and was delayed to August 11 except for provisions relating to automatic prescription refills, which will take effect in 2021.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Louisiana
The Department of Health Bureau of Health Service Financing announced that effective September 15, 2020, both the Medicaid Fee for Service (FFS) Pharmacy Program and Managed Care Organizations (MCOs) will cover select Advisory Committee on Immunization Practices (ACIP) adult vaccines for beneficiaries over the age of 18. According to the Department, adult vaccines are reimbursed when administered by a pharmacist with the “Authority to Administer” authorized by the Louisiana Board of Pharmacy. The announcement states that Louisiana Medicaid enrolled pharmacies will be reimbursed for the ingredient cost and administration fee when billing adult vaccines administered by a pharmacist. The FFS administration fee for adult vaccines is $15.22 for the first injection, then $9.13 for each additional injection with the same date of service. The FFS administration fee for a nasal vaccine is $10.80. More information can be found here.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Michigan
The Department of Licensing and Regulatory Affairs’ Bureau of Professional Licensing has filed a Request for Rulemaking pertaining to Central Fill Pharmacies. NACDS will share additional information as it becomes available.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Missouri
The Board of pharmacy has released two final rules to adopt amendments to sections 20 CSR 2220-6 and 20 CSR 2150-5. Both final rules establish requirements for pharmacist training, prescribing and patient care activities, and patient medical records. Both final rules are effective on October 30, 2020.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nebraska
The Department of Health and Human Services has posted a proposed rule to amend regulations under 172 NAC 131 and 134 to update requirements for wholesale drug distributors, including incorporating federal standards for license applications and engaging in wholesale drug distribution. The rule would also update requirements for delegated dispensing permits, including revising staffing requirements. A hearing is scheduled for October 8, 2020, in Lincoln.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nevada
After six months of engagement, NACDS has secured broad support from the Nevada Department of Health, Gov. Steve Sisolak’s (D) office, and the Board of Pharmacy regarding authority to allow technician immunizations. On September 3 the Board adopted a proposed rule allowing pharmacy technicians to administer immunizations under the direct and immediate supervision of a pharmacist if he or she has met the training and continuing education requirements. Additionally, due to the lengthy rulemaking process which can take up to 4-6 months, the Board also approved the adoption of emergency rules including these same provisions and authority that appear to go into effect before the end of September.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
North Carolina
In April 2020 the DEA announced its intent to deschedule Epidiolex (previously a Schedule V controlled substance). On August 21 the DEA concluded that rulemaking process. Accordingly, under federal law, Epidiolex is no longer a controlled substance. However, for now, in North Carolina, Epidiolex remains a Schedule V controlled substance under state law.
Also in North Carolina. The next Board of Pharmacy election is scheduled to begin November 1, 2020. The Southeastern District seat presently held by J. Andrew Bowman is the only position on the Board that will be filled. Dr. Bowman will complete his first five-year term on April 30, 2021 and is eligible to run for a second term. All pharmacists actively licensed by the Board and living in North Carolina at the time of the election will be eligible to vote. Beginning November 1, 2020 pharmacists can simply log in to the Board’s Licensure Gateway and select from the list of candidates. To be eligible to run, the candidate must be an actively licensed pharmacist residing in one of the listed counties at the time of the election. Candidates who wish to stand for election will be required to submit a petition signed by ten (10) pharmacists residing in the Southeastern district to the Board office by October 1, 2020. Please contact Kristin Moore at the Board office for petition/signature logistics.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Oklahoma
Two rules recently approved by the state Board of Pharmacy go into effect on September 11, 2020.
- Final rule correcting a statutory citation regarding requirements for pharmacists prescribing naloxone.
- Final rule updating standards for pharmacy operations. The rule prohibits pharmacists from serving as a pharmacist in charge at more than one pharmacy at a time, adds refrigerator and freezer temperature requirements, clarifies requirements for shipments of pharmaceuticals, and revises hospital pharmacy provisions.
Also in Oklahoma. The Office of the Bureau of Narcotics (OBN) recently approved five rules of interest to pharmacies.
- Final rule of the Bureau of Narcotics and Dangerous Drugs Control adopts regulations under OAC 475:25-1 to establish reporting requirements for manufacturers and distributors of controlled dangerous substances. The rule also differentiates between the reporting requirements for pharmaceutical manufacturers and distributors and Schedule I medical marijuana manufacturers and distributors. The rule is effective Sept. 11, 2020.
- Final rule of the Bureau of Narcotics and Dangerous Drugs Control amends regulations under OAC 475:30-1 to update requirements for the transmission of prescriptions to pharmacies. The rule also clarifies when a pharmacy is authorized to fill a Schedule II-IV prescription and when identification is required for purchasers of controlled dangerous substances. The rule is effective Sept. 11, 2020.
- Final rule of the Bureau of Narcotics and Dangerous Drugs Control amends regulations under OAC 475:45-1 to clarify the information required to be submitted to the central repository for dispensation of Schedule II-V drugs. The rule is effective Sept. 11, 2020.
- Emergency rule of the State Department of Health amends regulations under OAC 310:535-1 to remove the requirement that those seeking a religious or personal exemption from immunization requirements must first view an instructional presentation by a local county health department on the benefits and risks of immunizations. The rule is effective Sept. 12, 2020 and expires Sept. 14, 2021.
- Final rule of the State Department of Health amends regulations under OAC 310:535-1 to establish an expiration date for vaccine exemptions submitted before the student enters the seventh grade and requires the submission of a new exemption form. The rule also requires those seeking a religious or personal exemption from immunization requirements to first view an instructional presentation by a local county health department on the benefits and risks of immunizations. The rule is effective Sept. 11, 2020.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Tennessee
The requirements listed in the Third Amendment to the PREP Act for pharmacists administering vaccines to children include the completion of two hours of ACPE-approved immunization-related CE during each licensing period. Completion of the Tennessee Pharmacy Association’s 2020 Annual Immunization and OSHA Update appears to fulfill this requirement. Click here for more information and registration.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
In response to Secretary Azar’s PREP Act declaration, the Board of Pharmacy posted on their website a guidance document confirming the conditions under which pharmacists and pharmacist-interns acting under the supervision of a pharmacist are allowed to order and administer immunizations to children 3-18 years of age.
Also in Texas. According to the Louisiana Department of Health, pharmacies serving Louisiana patients that evacuated because of Hurricane Laura must enroll with Louisiana Medicaid for reimbursement of prescriptions. Please refer to the “Hurricane Laura Provider Assistance FAQs” in the Louisiana Department of Health Informational Bulletin 20-17 (Aug. 30) for more information.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wisconsin
It was recently announced that the regulatory changes made to the Pharmacy Practice Act (Phar 7) will be effective on January 1, 2021. The Pharmacy Society of Wisconsin (PSW) is offering its members Online CE opportunities about the implementation of these regulatory changes. Please contact PSW for more information.
Also in Wisconsin. The Department of Health Services announced a grant opportunity for community organizations to increase awareness about the flu and the importance of getting flu vaccines.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
District of Columbia
The Department of Health Care Finance (DHCF) online Quarterly Pharmacy Forum will take place on September 22, 2020, at 10 am and September 23, 2020, at 1 pm. The forum will be held to discuss pharmacy-related updates and is open to all pharmacy providers under the fee-for-service Medicaid Program. To attend, RSVP by September 21, 2020, to AnWilliams1@magellanhealth.com.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Florida
The Florida Department of Health; 850-488-0595; claudia.kemp2@flhealth.gov
has issued a notice to announce the intention of the Board of Medicine to amend regulations under FAC 64B8-13 to add an additional entity as a provider for continuing education for prescribing controlled substances. A comment due date has not been specified.
Also in Florida, The Agency for Health Care Administration has posted a proposed rule to amend regulations under FAC 59G-4 to incorporate by reference the 2020 Florida Medicaid fee schedules and billing codes. A hearing is scheduled for September 22, 2020, via webinar. Comments are due September 18, 2020.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Indiana
Indiana Health Coverage Programs (IHCP) has announced a new requirement that pharmacies use the Quantity Prescribed field for schedule II drugs on payer sheets beginning September 21, 2020.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Maryland
The Board of Pharmacy and Health Department has released a statement which recognizes the third amendment to the PREP Act declaration, authorizing pharmacists to administer pediatric vaccines subject to requirements under the declaration, supersedes state law, and is effective in the state.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Michigan
The Michigan Board of Pharmacy’s Rules Committee will meet on September 23, 2020, to discuss its Controlled Substance rule. The amended agenda and meeting information can be found here.
Also in Michigan, the Board of Pharmacy’s General Rules and Continuing Education Rules will have a public hearing on October 4, 2020. Hearing information can be found here.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Minnesota
The Minnesota Board of Pharmacy updated its COVID-19 Frequently Asked Questions document to include information in response to the third amendment of the PREP Act declaration.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Missouri
Missouri’s MOHealthNet began accepting ICD10 diagnosis codes on pharmacy claims on August 16. Updated information about billing codes and other instructions can be found here.
Also in Missouri, MOHealthNet issued a reminder that the final rule CMS-0055-F from the U.S. Department of Health and Human Services requires the reporting of the NCPDP Quantity Prescribed (460-ET) field for all Schedule II drugs on pharmacy claims by September 21, 2020.
Also in Missouri, the Board of Pharmacy’s final rules on technician non-dispensing duties away from the pharmacy, technician supervision, and remote data entry sites became effective August 30.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nebraska
With the passage of Initiative 427, the Medicaid expansion program called Heritage Health Adult will become effective October 1, 2020. More information about Medicaid expansion can be found here
Also in Nebraska, the Nebraska Pharmacists Association (NPA) is looking for member pharmacists to participate in a Pharmacy Benefit Manager workgroup to continue progress on last year’s legislative effort. Please contact NPA Chief Executive Office Marica Mueting for more information.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Ohio
Two bills that would expand pharmacy scope of practice have been adopted by the General Assembly and are on their way to Governor DeWine (R) for signature:
- HB 203 expands the current law around Collaborative Practice Agreements to allow pharmacies to partner with clinical nurse specialists, certified nurse midwives, certified nurse practitioners, and physician assistants.
- HB 341 authorizes pharmacists to administer long-acting or extended-release drugs for addiction treatment
Also in Ohio. The Board of Pharmacy’s Rules Committee will meet virtually on September 10, 2020, at 9:30 am to review proposed changes and new rules governing pharmacy technicians, as well as new remote prescription and order entry rules. More information and instructions to access the meeting are on the agenda.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Pennsylvania
HB 943 has been signed by Governor Wolf (D). The bill, sponsored by Representative Valerie Gaydos (R), prohibits PBM gag clauses in contracts and provides pharmacies the right to provide patients with information about the cost of a drug, including the patient cost share. NACDS supported efforts to pass this bill.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.