Ohio
HB 193, legislation requiring electronic prescribing for Schedule II controlled substances, has been amended and passed unanimously by the House of Representatives. The amendment added language from NACDS’ model legislation that would hold pharmacies harmless when filling legitimate non-electronic prescriptions. The amendment was a result of joint advocacy by NACDS and the Ohio Council of Retail Merchants to align the bill with our model language and the Medicare law. Further action in the Senate is expected in the fall.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oregon
Effective June 15, 2021, the Board of Pharmacy amended the following regulations:
- 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 rule is response to the coronavirus (COVID-19) pandemic.
- OAR 855-041 to remove the limit on epinephrine dispensed to an entity to allow maintenance of epinephrine at coronavirus (COVID-19) vaccination locations.
- OAR 855-019, -021, -025 and -031 to incorporate cultural competency continuing education requirements for pharmacists, pharmacy technicians and pharmacy interns.
- OAR 855-020 to update the statewide drug therapy management protocols in the formulary and protocol compendia.
- OAR 855-001 and -041 to revise requirements for inspection of drug outlets, including performance by the Compliance Officer, and for pharmacy records.
- OAR 855-110 to revise the late fee expiration dates for licensees and registrants.
- OAR 855-080 to ensure clarity, transparency and promote patient safety related to controlled substances.
- OAR 855-006 and repeals regulations under OAR 855-050 to remove outdated restrictions on retail drug sales and make a confirming change to incorporate the definition of “prescription drug.”
- OAR 855-041 to clarify requirements for pharmacies related to Drug Take Back Programs.
Also in Oregon, on June 15, 2021, Gov. Kate Brown (D) signed HB 2648, removing the existing prescription only requirement for purchases of pseudoephedrine (PSE) containing medications and instituting the National Precursor Log Exchange (NPLEx) in its place. As a result of this newly enacted law, Oregon becomes the 37th state to mandate the use of NPLEx, and no state will require a prescription for the purchase of a Food and Drug Administration (FDA) approved over-the-counter product containing PSE. NACDS acknowledges the efforts of CHPA to support this repeal over the last several years.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
South Carolina
Effective July 1, 2021, the South Carolina Department of Health and Human Services' Program Integrity Unit (PI) announced it will resume onsite visits for provider reviews.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
A proposed rule of the Department of Mental Health and Substance Abuse Services would repeal and readopt regulations under RRT 0940-06-01 to update standards on controlled substances. The rule would include the schedules of controlled substances and lists of certain non-narcotic substances, chemical preparations, prescription products, anabolic steroids and cannabis products that are excluded from the schedules. A hearing is scheduled for August 2, 2021, in Nashville. Comments are due August 12, 2021.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
On June 18, 2021, Gov. Greg Abbott (R) chose to let House Bill 1919 become law. Rep. Cody Harris (R) and Sen. Charles Schwertner's (R) bill will help maintain patients' right to choose a pharmacy provider by prohibiting health benefit plans and Pharmacy Benefit Managers (PBM's) from directing patients to use any particular pharmacy provider over another and prohibiting PBMs from exclusively requiring the purchase of pharmacy services through a certain mail-order pharmacy or imposing a monetary advantage or penalty under a health benefit plan that would affect a patient's choice of pharmacy. The law becomes effective September 1, 2021.
Also in Texas, Gov. Abbott (R) announced that he will be convening a special session of the legislature on July 8, 2021. The Governor did not disclose what legislative priorities will be included on the special session agenda, only that such items "will be announced prior to the convening of the special session."
Finally in Texas, the Board of Pharmacy's Prescription Monitoring Advisory Committee held a virtual quarterly meeting on June 16th to discuss funding issues and operational improvements to the Prescription Monitoring Program (PMP). HEB's pharmacist Doug Read serves as the chain representative on the Advisory Council. The state's vendor Appriss presented the NarxCare version 2.0 program. More information is available at Texas Prescription Monitoring Program (PMP).
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Washington
Gov. Jay Inslee (D) announced that the Washington State Health Care Authority, Apple Health (Medicaid) established provisions to make proactive vaccine counseling visits to their patients a reimbursable service to the provider effective June 28, 2021. To take advantage of this new billable service, go to – Apple Health COVID-19 vaccine billing policy
Also in Washington, due to the timing of the State Fiscal Year End and the Independence Day holiday, provider payments for the week of June 28, 2021, will be made on July 7, 2021. Claim submission deadlines were updated to ensure that providers can receive payment and RA documents on July 7, 2021. The deadline for claim submissions to ProviderOne to receive payment on July 7, 2021, will be 4 p.m. on July 1, 2021. The deadline for pharmacy claim submissions to the Point of Sale (POS) to receive payment on July 7, 2021, will be 6 p.m. on Wednesday, June 30, 2021. Report any issues to: mmishelp@hca.wa.gov
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Alabama
A Final rule of the Board of Pharmacy amends regulations under AAC 680-X-2 to clarify provisions on the non-disciplinary administrative penalty for late renewal of a license, permit, registration, certification, or similar document. The rule is effective July 12, 2021.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
California
NACDS and the California Retailers Association submitted a joint letter to the Senate Budget Committee and the Senate Budget & Fiscal Review Committee in support of Gov. Gavin Newsom’s (D) May Revise budget proposal to provide medication therapy management payments to the Department of Health Care Services’ contracted pharmacies dispensing specialty drugs and services to Medi-Cal beneficiaries and urged its passage.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Colorado
NACDS, the Colorado Retail Council, and the Colorado Pharmacy Society supported legislation that would modernize pharmacists' scope of practice to include prescribing medications for self-limiting conditions, ordering and analyzing lab tests, and performing minor physical evaluations, which passed both housed and was sent to Gov. Jared Polis (D) on June 11th to sign into law. (SB21-094)
Also in Colorado, NACDS participated in the Colorado Department of Regulatory Agencies' (DORAs') Division of Professions and Occupations State Board of Pharmacy stakeholder meeting this week. DORA received input on potential rule changes on implementing several bills passed by the legislature including pharmacists' and pharmacy technicians' scope expansion that Gov. Jared Polis (D) is expected to sign into law, and clean-up and clarification of existing rules. NACDS will engage with the Board of Pharmacy as the formal rulemaking process moves forward later this summer.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
District of Columbia
Pharmacists will be able to provide and bill for substance abuse disorder services beginning July 1 under Medicaid’s new District Addiction Consultation Services (DACS) program. More information will be available soon on this webpage by clicking on “Provider Portal” then “Quarterly Pharmacy Forum” under the “Frequently Requested Documents” tab and choosing the June meeting PowerPoint presentation.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Florida
The Board of Pharmacy issued a Final rule to repeal regulations under FAC 64B16-28 to remove outdated requirements for automated pharmacy systems in community pharmacies. The rule is effective June 24, 2021.
Also in Florida, the Board of Pharmacy issued a Final rule to amend regulations under FAC 64B16-28 to increase to 120 days the maximum beyond-use date requirement for labels of customized patient medication packages. The rule also requires pharmacies using customized patient medication packages to have policies and procedures addressing patient medication regimens. The rule is effective June 24, 2021.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Indiana
Gov. Eric Holcomb (R) signed Executive Order 21-14 to extend the public health emergency to June 30 and Executive Order 21-15 to adjust COVID-19 requirements effective June 1st. Each directive from executive orders continued throughout the public health emergency will cease on June 30th. The following directives relating to pharmacy practice will no longer be in effect:
- EO 20-05: Suspended the requirement that a healthcare provider holds an Indiana license if he or she: (1) has an equivalent license from another State, and (2) is not suspended or barred from practice in that State or any State. Authorized the head of any state agency (including PLA) to waive, suspend, or modify any existing rule where the enforcement of which would be detrimental to the public welfare during the emergency.
- EO 20-12: Non-controlled substances as maintenance medications permitted a one-time 90-day emergency refill.
- EO 20-13: Retired health care professionals who, within the past 5 years, retired or surrendered their license, may provide health care services in Indiana without reinstatement or approval by the relevant license board.
- EO 20-21: Pharmacy students who have completed all required course work, applied for a pharmacist license, and supplied a certificate of completion, may practice as a pharmacist without first taking and passing the MPJE and NAPLEX.
- EO 20-27 and 20-31: Any license set to expire during the public health emergency is extended for the duration of the public health emergency.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Iowa
Gov. Kim Reynolds (R) sent a letter to Paul Pate, Secretary of State of Iowa, directing the Department of Human Services to amend current Medicaid managed care contracts to authorize a $10.38 dispensing fee per prescription across-the-board for all pharmacies under Section 31 of HF 891. This action is in response to a meeting and letter NACDS sent to the Governor requesting a veto of language in HF 891 directing the department to amend Medicaid managed care organization contracts to authorize the establishment of a managed care pharmacy dispensing fee that is based on the current fee-for-service dispensing fee of $10.38 or a dispensing fee that is not to exceed the current fee-for-service rate and determined contractually by mutual agreement between the managed care organization and a participating pharmacy with more than 30 locations in the state and headquarters outside the state. The Governor agreed with industry stakeholders that this policy creating differential dispensing fees for certain pharmacies raises significant constitutional concerns. NACDS acknowledges the collaborative efforts of the Iowa Retail Federation and the Iowa Pharmacy Association staff.
Also in Iowa, below are highlights from the June issue of the Iowa Board of Pharmacy newsletter. See the newsletter for additional details and more information.
- The law authorizing pharmacists to administer vaccinations via a practitioner-signed protocol will expire on June 30, 2021. Beginning July 1, 2021, pharmacists may order and administer vaccinations under the Iowa Board of Pharmacy's statewide protocol or according to a patient-specific prescription issued by a practitioner.
- 2021 Regular Session of the Iowa Legislature
- The Board's bill amending the Iowa Controlled Substances Act (CSA) to include nine substances that had been temporarily scheduled via rulemaking and provide conforming text to match federal CSA structure was signed into law.
- The Board's bill (HF 514) eliminating the one-year limitation of a technician trainee registration, revising delegation of functions to pharmacy technicians and pharmacy support personnel, and including other provisions relating to pharmacy practice was also signed into law.
- REMINDER: As of May 12, 2021, Schedule V controlled prescriptions must be reported to the Iowa Prescription Monitoring Program (PMP). Also, newly adopted rulemaking includes nonprescription sales of codeine-containing cough suppressants as reportable transactions.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Kentucky
The Board of Pharmacy has published guidance for prescribers and dispensers of controlled substances on how to correct records submitted to the Kentucky All-Schedule Prescription Electronic Reporting (KASPER) system.
Also, in Kentucky, NACDS reminds members that effective July 1, 2021, MedImpact will be the single pharmacy benefits manager for the managed care program. For more information including provider notices and updates go to the Kentucky Medicaid Pharmacy Program page.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Maine
As the Maine Legislature moves toward adjournment two key pieces of legislation have been signed into law. First, Governor Janet Mills (D) signed into law Legislative Document (LD) 603 — critical legislation that will help enhance patients’ access to convenient and affordable pharmacy-based care by recognizing pharmacists as providers of healthcare services in the state of Maine. The Governor also signed into law Legislative Document (LD) 8, the prescription drug disposal proposal that would expand the collection of unwanted prescription drugs for proper disposal and will be fully funded by the drug manufacturers.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Maryland
The Department of Health published the Final Rule increasing the Medicaid Pharmacy Dispensing Fee from $11.49 to $11.67. The increase is retroactive to Feb. 1, 2021.
Also in Maryland, HB14 has taken effect without the Governor's signature. Pharmacists may now utilize the manufacturer's expiration date on prescription drugs issued in the original manufacturer's packaging.
Also in Maryland, On June 15 the Department of Health issued an Amended Directive and Order Regarding Vaccination Matters that supersedes and replaces previous orders. Notably, it recognizes the ability of trained personnel to administer vaccines at vaccination sites under supervision.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Minnesota
The Department of Health (MDH) has given notice of intent to adopt guidance on the implementation of the Prescription Drug Price Transparency Act of 2020. MDH will accept written, electronic comments until 4:30 PM CT on June 24. Questions may be sent to health.Rx@state.mn.us. For additional information or to sign up for email updates go to MDH’s Prescription Drug Transparency Webpage.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Mississippi
A Proposed rule of the Board of Pharmacy would amend regulations under Title 30, Part 3001, Article XII to specify that medication orders in long-term care settings are considered prescriptions. Comments are due June 29, 2021.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Missouri
In response to a request from the State Board of Pharmacy Executive Director Kimberly Grinston, NACDS and the Missouri Retailers Association submitted several pharmacists and pharmacy technicians’ names for consideration to serve on the new task force to study working conditions.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Jersey
Governor Phil Murphy (D) signed into law A5820/S3866 ending the COVID 19 Public Health Emergency that has been in place since March 9, 2020. Many of the executive orders issued under the Public Health Emergency will expire by July 4, 2021. Only Executive Orders that govern vaccinations and testing will remain in effect until January 11, 2022.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
New York
The New York State Legislature adjourned on June 11 after passing a flurry of proposals in the last hours. Of particular interest to pharmacy are four bills:
- A6476A/S4807A authorizes pharmacists to provide current immunizations, which are recommended by the federal Centers for Disease Control and Prevention to patients eighteen years or older according to a standing order with a physician or NP. The bill also creates a regulatory process for vaccines approved in the future through the State Health Department and Education Department.
- A7598/S6603 allows patients to utilize their pharmacy of choice under Medicaid managed care and have a choice in receiving medications by delivery or mail from their local pharmacy across insurance lines. The bill would also make the Fee for Service reimbursement rate for pharmacies apply to Medicaid managed care.
- A1396/S3762 requires licensure for pharmacy benefit managers (PBMs) and specifies their duties and obligations as service providers, regulated to the State Department of Financial Services and Department of Health.
- A5854A/S3566 clarifies and strengthens provisions in current law to ensure that patients have the option to access every covered medication from a local network participating pharmacy and are not forced into mandatory mail order if the pharmacy accepts the same reimbursement.
Governor Andrew Cuomo (D) has until December 31, 2021, to sign the proposals into law.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
North Carolina
Beginning July 1, North Carolina will transition from a fee-for-service Medicaid program to Managed Care. More information on this transition can be found here. You may also find the June 16, 2021, Managed Care Transformation update for pharmacy stakeholders presentation here. Of note, 90-day fills and mail and delivery fees from local/community pharmacies, which were flexibilities granted during the COVID State of Emergency have been made permanent. Also Slide 18 on the presentation contains important Medicaid billing updates.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Pennsylvania
Last week, the General Assembly voted to terminate the Governor’s disaster declaration. Both chambers then subsequently passed legislation, which Governor Wolf (D) signed, that extends all statutory and regulatory waivers until September 30, 2021. We anticipate further legislative action in the fall related to the continuation of some waivers and flexibilities beyond September 30 and will continue to update members on those efforts.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
South Carolina
The Centers for Medicare and Medicaid Services (CMS) has informed the South Carolina Department of Health and Human Services (SCDHHS) that the South Carolina Healthy Connections Medicaid program will participate in the Payment Error Rate Measurement (PERM) program for State Fiscal Year 2022. CMS’ PERM program was developed to measure the accuracy of Medicaid and Children’s Health Insurance Program (CHIP) payments made by states. Each state is reviewed once every three years. Samples of claims with paid dates of July 1, 2021, through June 30, 2022, will be subject to review. You can review the entire bulletin here.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
NACDS continues to strongly advocate, through social media messaging and pharmacists contacting Gov. Greg Abbott (R) before Sunday, June 20, 2021, that the governor sign into law HB 1919, legislation that would help maintain patients’ right to choose a pharmacy provider by prohibiting health benefit plans and pharmacy benefit managers from “steering” patients to use any in-network pharmacy provider over another.
For more information, contact NACDS’ Mary Staples at 817-442-1155.