Texas

The legislature adjourned sine die at 6:00 p.m. on May 29. Prior to adjournment, the Senate and the House finalized the $321.3 billion state budget for the two-year cycle beginning on September 1, 2023. They also passed and sent Gov. Greg Abbott (R) several bills of interest to pharmacies, including: 

  • HB 25, creates the Canadian Wholesale Prescription Drug Importation Act to provide lower cost prescription drugs for consumers; 
  • HB 4990, establishes the Texas Pharmaceutical Initiative governing board and advisory council, a Texas State PBM; 
  • HB 1283, retains the single Medicaid managed care organizations formulary and preferred drug list; 
  • SB 2173 requires the Texas State Board of Pharmacy (TSBP) to develop and implement a prescription drug safe disposal pilot program. 

Also in Texas, unfortunately on day 138 of the 140-day Texas legislative session, HB 1105, the PREP Act permanent immunization legislation that passed both houses with more than a 2/3’s vote, died at midnight because Sen. Lois Kolkhorst (R) refused to appoint Senate conferees to negotiate with House conferees on the anti-COVID mandate amendments the Senator added to the bill before it passed the Senate on May 23. 

Finally in Texas, on May 24, the House General Investigating Committee released information regarding its investigation of Attorney General Ken Paxton (R). Paxton had met with legislators early in session requesting $3.3 million of taxpayer’s money in the state budget to settle a lawsuit between the Attorney General and former staff members. The lawsuit revealed the four former executives were fired in retaliation for reporting the Attorney General to authorities which violated the Texas Whistleblower Act. On May 27, the full House debated HR 2377, the 20 articles of impeachment. The resolution passed with a vote of 121 to 23 and was delivered to the Senate where the trial will begin by August 28. Gov. Greg Abbott (R) appointed John Scott to serve as the short-term interim Attorney General until a decision in the impeachment trial is reached. 

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

2023-06-02T10:20:37-04:00June 2, 2023|Texas|

Wyoming

The Board of Pharmacy adopted the following emergency rules effective April 14, 2023. 

Also in Wyoming, the Board of Pharmacy announced a Notice of Intent to Adopt Rules impacting the following chapters. Comments may be submitted to bop@wyo.gov by June 21, 2023. 

  • Chapter 3: Pharmacy Internship Regulations 
  • Chapter 6: Continuing Professional Education Regulations 
  • Chapter 16: Immunization Regulations  
  • Chapter 18: Prescribing by Pharmacists  

Finally in Wyoming, the Board of Pharmacy adopted the following rules effective May 24, 2023: 

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

2023-06-02T10:19:25-04:00June 2, 2023|Wyoming|

Alaska

The Legislature adjourned on May 17. On the last day, legislation promoted by the Alaska Pharmacists Association (AKPhA), CS HB 112 by pharmacist Rep. Justin Ruffridge (R), passed. The bill streamlines the pharmacy practice statutes, including provisions to increase access to epinephrine auto-injectors and medication delivery devices for anaphylaxis emergencies.  

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

2023-05-19T11:46:04-04:00May 19, 2023|Alaska|

California

AB 317, legislation requiring a health care service plan or certain disability insurers that offer coverage for a service that is within a pharmacist’s scope of practice to pay or reimburse the cost of the service provided by the pharmacist at an in-network pharmacy or by a pharmacist at an out-of-network pharmacy if the health care service plan or insurer has an out-of-network pharmacy benefit, passed the Assembly on April 27 and was referred to the Senate Committee on Health on May 10. 

Also in California, AB 1341, legislation authorizing a pharmacist to furnish COVID-19 oral therapeutics following a positive CLIA-waived test, passed the Assembly on April 17 and was referred to the Senate Business, Professions and Economic Development Committee on May 10. Prior to passage in the Assembly, the bill was amended to include an urgency statute meaning it will be effective immediately upon enactment. 

Also in California, the Department of Health Care Services (DHCS) posted the following alerts and weekly wrap-up on the Medi-Cal Rx Web Portal:   

 Finally in California, Medi-Cal posted the following:   

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

2023-05-19T11:45:35-04:00May 19, 2023|California|

Colorado

Prior to the end of Colorado’s legislative session sine die on May 8, Gov. Jared Polis (D) signed into law the following two PBM reform bills.  

  • HB23- 1201, limits the amount that health insurance carriers or pharmacy benefit managers (PBMs) may charge beneficiaries of select employer-sponsored plans for prescription drugs to no more than the amount paid by the plan or PBM to a contracted pharmacy. The bill applies to select contracts issued or renewed on or after January 1, 2025. The bill grants audit authority to the Department of Health Care Policy and Financing (HCPF) for Medicaid contractors and the Department of Regulatory Agencies (DORA) for all other contracts. Failure to comply is a deceptive trade practice in the business of insurance. 
  • HB23-1227 enhances enforcement authority over PBMs by the Commissioner of Insurance in the Division of Insurance (DOI), Department of Regulatory Agencies (DORA). It also requires all PBMs to register with the Commissioner and pay a registration fee. These fees, credited to the DOI Cash Fund, must fund the division’s costs to enforce PBM requirements and prohibitions. 

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

2023-05-19T11:44:54-04:00May 19, 2023|Colorado|

Louisiana

HB 471, sponsored by Rep. Barbara Freiberg (R), authorizes pharmacists to order and administer, and pharmacy interns and pharmacy technicians to administer immunizations to children aged 7 years and older. The bill passed the House Health and Welfare Committee by a vote of 14-2 on May 16, and it was sent to the full House to be voted on next week. Thanks to Dwana Day with Brookshire Grocery Company, and Albertsons Companies’ pharmacists Ryan LaBarbera and Brittany Tucker for a fantastic job representing their profession by testifying at the House hearing. NACDS and the Louisiana Alliance for Pharmacies strongly urge immediate action contacting all legislators where you operate pharmacies in their district.

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

2023-05-19T11:44:17-04:00May 19, 2023|Louisiana|

Michigan

An amended version of S-4 version  SB 219 codifying PREP Act allowances overwhelmingly passed the Michigan Senate this week by a vote of 36-1. It now goes to the House Health Policy Committee for further consideration. NACDS will be supporting the efforts of members and partners to make appropriate changes to the language in the House. 

Also in Michigan, the Department of Health and Human Services issued Numbered Letter L 23. It clarifies billing requirements for Medication Therapy Management. Medicaid letters and bulletins can be accessed on the provider webpage. 

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

2023-05-19T11:43:47-04:00May 19, 2023|Michigan|

Missouri

Prior to the Legislature adjourning on May 12, the pharmacy practice act language pharmacies had promoted that allows pharmacists to administer all FDA authorized and approved vaccines to anyone 7years of age and older passed in two bills, SS/HCS/HBs 115 & 99 and HCS/SS/SCS/SBs 45 & 90. These bills also include language that allows pharmacists with a certificate of medication therapeutic plan authority to provide under a statewide standing order medications to treat flu, strep and COVID. Lastly, the omnibus bills included a provision amending the definition of “opioid antagonist” in a statute that is currently defined as naloxone hydrochloride; this act adds any other drug or device approved by the FDA that blocks the effect of an opioid overdose. (CCS HCS SS SCS SBs 45 & 90 and HBs 115 & 99)

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

2023-05-19T11:43:16-04:00May 19, 2023|Missouri|

Nebraska

The Department of Health and Human Services (DHHS) announced plans to distribute Pandemic Electronic Benefits Transfer (P-EBT) benefits to households in the state with school-age children eligible for free or reduced-price school meals and children in childcare during the 2022-2023 school year period.  

Also in Nebraska, the DHHS issued recent guidance regarding Executive Orders expiring on June 30, 2023. The following requirements are no longer waived or deferred as of July 1, 2023. Providers are encouraged to reacquaint themselves with the original, pre-Executive Order, specific requirements. For more information, contact DHHS.LicensureUnit@Nebraska.gov.  

  • Time-limited Provisional Licenses Pending Successful Examination Results 
  • Onside, Face-to-Face, or Direct Supervision to Complete Certain Work or Training Required to Obtain a Credential 
  • Practice Agreements 
  • Direct Client-contact Hours 

Finally in Nebraska, the DHHS posted the following bulletins: 

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

2023-05-19T11:42:38-04:00May 19, 2023|Nebraska|

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