Washington
The Executive Director of the Pharmacy Quality Assurance Commission (PQAC), Lauren Lyles-Stolz, submitted her resignation at the July board meeting. As a result, the state's board, which is responsible for establishing policy for pharmacy practice, is looking for a new Executive Director to fill the position immediately. https://www.governmentjobs.com/jobs/3170061-0/executive-director-pharmacy-quality-assurance-commission-ems-doh5705
Also in Washington, the Health Care Authority (HCA) adopted regulations effective October 1, 2021, establishing standards for provider use of the qualified prescription drug monitoring program.
Finally in Washington, the Health Care Authority (HCA) is seeking provider input on their annual survey aimed at tracking progress toward our statewide goal of payments based on health outcomes rather than paying for each medical transaction. The survey is available until August 31st. More information is available at VBP website section.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
Having accepted a Conflict Avoidance Plan, the Department of Health Care Services plans full Medi-Cal Rx implementation will begin January 1, 2022, meaning the prescription drug benefit in Medicaid managed care will move to Medicaid fee-for-service. The Conflict Avoidance Plan will be posted on the DHCS website.
Also in California, on July 1, the Department of Health Care Services updated its COVID-19 Vaccine Administration Provider FAQs.
Also in California, the Board of Pharmacy is offering a free six-hour online CE training program, "Prescription Drug Abuse and Diversion: What a Pharmacist Needs to Know," on August 11. Preregistration is required and space is limited. For questions about the event, email the Board.
Also in California, the Board of Pharmacy published a Notice of Proposed Action to amend section 1709 to Title 16 of the California Code of Regulations related to Ownership, Management and Control of Pharmacies and Other Business Entities. Written comments are due September 7.
Also in California, the California Pharmacy Law Update 2021 Edition, a free continuing education webinar from the Board of Pharmacy, is now available. The program includes recently enacted pharmacy laws, recently adopted regulations, an overview of the Board's organizational structure and activities and tips for navigating the Board's website.
Also in California, the director of the Department of Consumer Affairs issued several waiver extensions including one waiving license renewal requirements for individuals with active licenses between March 31, 2020, and September 30, 2021.
Also in California, the governor appointed Nicole D. Thibeau, a pharmacist, to the Board of Pharmacy. Since 2013, Dr. Thibeau has been Director of Pharmacy Services at the Los Angeles LGBT Center. She previously served as a pharmacist-in-charge at both Target and CVS pharmacies.
Finally in California, on July 27, Gov. Gavin Newsome (D) signed AB 133 (Chapter 143, Statutes of 2021) that includes language adding medication therapy management (MTM), provided by a pharmacist in conjunction with the dispensing of qualified specialty drugs, to the list of covered pharmacist services under the Medi-Cal program. It also makes an exception for MTM to the 85% Medi-Cal rate, requiring the Department of Health Care Services to implement an MTM reimbursement methodology.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Iowa
The Board of Pharmacy issued a response to Gov. Kim Reynold’s July 23, 2021, Proclamation of Disaster Emergency. Given there are no further suspensions of administration rules related to pharmacy licensure or registration, the board will no longer continue its enforcement discretion regarding pharmacy practice. As a reminder, the board’s responses to the governor’s various proclamations are available on the board’s website.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Maryland
The Maryland Insurance Administration (MIA) issued a request for input on a report being prepared for the Legislature on the scope of the U.S. Supreme Court opinion in Rutledge v. Pharmaceutical Care Management Association and how to apply the decision to Title 15, Subtitle 16 of the Insurance Article. Comments are due to MIA on Sept. 10, 2021. NACDS intends to draft comments to send out for member review. If you have any comments, you’d like us to include, please send them to Jill McCormack by Aug. 31.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Nebraska
The Department of Health and Human Services (DHHS) released recent updates and information including the following:
- The Heritage Health pharmacy reference guide has recently been updated (August 2021).
- Because COVID-19 State of Emergency ended on June 30, those licensees, including pharmacy technicians, impacted by the original order (Executive Order 20-10) will be notified through a mailing that they need to renew their licenses before October 31.
- The 471-000-540 Nebraska Medicaid Practitioner Fee Schedule for Injectables was updated effective July 1.
- Provider Bulletin 21-13 includes changes to Preferred Drug List (effective July 15) and Hepatitis C (July 1) Criteria.
- DHHS announced that all Nebraskans eligible for Medicaid expansion will receive equal benefits coverage, including OTC medications, starting October 1.
- DHHS issued notice of public hearing on August 18 to receive comments on proposed changes to Nebraska Medicaid Managed Care (NAC Title 482, Chapters 2, 4 and 5). The proposed changes include removing language restricting managed care organizations from offering certain coverage, including over-the-counter drug coverage, as value-added services. Also, the proposed changes include removing language that excludes Basic benefit plan enrollees from certain services, including pharmacy services. These changes align the rules with the withdrawal of Nebraska's 1115 demonstration waiver and implementation of the Heritage Health Adult program.
Also in Nebraska, the draft July 13 minutes from the recent Medicaid DUR Board Meeting and the Board Policy Statements are now available.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Ohio
Six NACDS members have been appointed to the 11-member Ohio Board of Pharmacy Workload Advisory Committee (PWAC), including representatives from CVS Health, Kroger, Rite Aid, Walgreen and Walmart. In April 2021, the Board of Pharmacy approved the formation of a the PWAC in response to the release of a July 2020 workload survey conducted by the Board. The purpose of the advisory committee is to promote patient safety and compliance with Ohio laws and rules by analyzing survey and other data and make recommendations to the Board to address pharmacist working conditions. PWAC recommendations may include changes to Board of Pharmacy rules as well as statutory changes.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Oregon
The Oregon Health Authority revised regulations under OAR 333-047 and -049 regarding requirements for health care persons, entities and other enrolled providers that receive, store, administer or transfer coronavirus (COVID-19) vaccines, including reporting the amounts of doses administered and that are in inventory to the immunization registry, also known as the immunization information system. The rule was effective July 12, 2021.
The Oregon Health Authority, Public Health Division, temporarily adopted regulations under OAR 333-047 to prohibit health care providers and vaccine sites from requiring parental consent for coronavirus (COVID-19) vaccination for minors age 15 to 17 years, and from asking for a Social Security number. The temporary rule also requires persons or entities administering state-supplied COVID-19 vaccines to have a designated site coordinator, post signs with the site coordinator's contact information, provide information about when and where to get a second dose and provide a vaccine card as proof of vaccination. The rule, which replaces an earlier temporary rule on the same topic, is effective July 9, 2021, and expires November 22, 2021.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Virginia
NACDS has been asked to extend an invitation to our members from Governor Ralph Northam (D) and the Department of Health to exclusive online conversation with Dr. Anthony Fauci and other distinguished panelists on August 3 from 6:00 pm to 7:00 pm EDT. The online event is meant to help empower healthcare providers to encourage their patients to get vaccinated against COVID-19. All healthcare providers are invited.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
West Virginia
The Board of Pharmacy launched a pharmacy workload survey that opened on July 7 and will close on August 17. The aggregate data will be used by the Board and a WV Pharmacy Workload Task Force to develop a list of recommended regulatory actions for the Board and the WV Legislature to consider. Individuals interested in participating on the WV Pharmacy Workload Task Force may complete an application by August 17 at 5:00 p.m.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Alabama
The Alabama Board of Pharmacy proposed to adopt regulations under AAC 680-X-2 to establish immunization training requirements for pharmacists, interns, externs, and technicians. Comments are due Aug. 6, 2021.
Also in Alabama, the Alabama Board of Pharmacy proposed to amend regulations under AAC 680-X-2 to correct a statutory citation in the electronic prescription requirements. Comments are due Aug. 6, 2021.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Arizona
The Board of Pharmacy published its July 2021 Newsletter. Highlights include:
- The board recently updated its COVID-19 FAQs to reflect changes because of Executive Order 2020-20 having been rescinded by the Governor's Office effective July 9.
- Various updates to the Controlled Substances Prescription Monitoring Program (CSPMP)
- List of bills signed by Gov. Ducey
- COMING SOON – License and Permit Renewals Information
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
The Board of Pharmacy has posted its agenda and meeting materials for the July 28-29 Full Board Meeting.
Also in California, as a reminder, the COVID-19 related waivers to expand remote order entry and remote supervision expired in June 2021. The board is considering only site-specific waivers.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Colorado
The Division of Professions and Occupations held a Stakeholder meeting to receive feedback on the implementation of Colorado House Bill 21-1276, legislation concerning the prevention of substance use disorders proposed draft rules. 2021-7-23_Joint HB21-1276_Stakeholder_Meeting_Notice_Final.pdf – Google Drive
For more information, contact NACDS’ Mary Staples at 817-442-1155.
District of Columbia
Medicaid has posted the slides from the June 2021 Medicaid Quarterly Pharmacy Forum. The slides include information on several items of importance to pharmacy including participation in the District Addiction Consultation Service Program (DACS) and changes to the billing procedure for pharmacy-based HIV treatment. Also, the slides include a reminder that pharmacists are required to query the Prescription Drug Monitoring Program under certain circumstances, under a 2020 law that was effective on March 16, 2021.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Florida
The Florida Division of Disease Control intends to amend regulations under FAC 64D-3 to establish reporting requirements for all practitioners and enrolled coronavirus (Covid-19) vaccine providers administering such vaccines.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Kentucky
With a rise in the Delta variant, Gov. Andy Beshear (D) recommended this week that masks be worn in certain settings by unvaccinated customers and employees, including those working in retail and restaurants. The Governor and Department of Public Health Commissioner Stack encouraged unvaccinated Kentuckians and those in jobs that require consistent contact with the public to take additional precautions, including:
- All unvaccinated Kentuckians should wear masks indoors when not at home;
- Kentuckians at higher risk from COVID-19 due to pre-existing conditions should wear masks indoors when not home;
- Vaccinated Kentuckians in jobs with significant public exposure should consider wearing a mask at work; and
- All unvaccinated Kentuckians, when eligible, should be vaccinated immediately.
For more information, contact NACDS' Jill McCormack at 717-525-8962
Louisiana: Lawmakers returned to Baton Rouge this week for a four-day special session to try to override bills vetoed by Gov. John Bel Edwards (D) to address transgender sports and the ability to carry a concealed gun without a permit. Both bills failed to receive the two-thirds votes to override the governor's vetoes.
Also in Louisiana, the Department of Health (LDH) has engaged Myers and Stauffer (MS) to conduct a cost of dispensing survey that will be used to evaluate the Medicaid pharmacy reimbursement methodology. The survey will to be mailed in August. LDH and MS will host a pharmacy stakeholder WebEx meeting on Monday, August 2, 2021, at 3 pm CDT, to discuss the scope of the survey and address questions on the overall process.
Webex Instructions:
Presentation Slides (Use the following link in your web browser)
https://mslc.webex.com/mslc/j.php?MTID=m83c00c0a8d023dcf9aebde63f4b5899d
Presentation Password: BMyH4QEtp27
If you join through a web browser, there will be an option for Webex to call you for the audio portion of the call or to use computer audio. Please select this option if you will be attending both online and over the phone.
If you will be attending by phone only, you can access the conference call line via the information below:
Telephone: 844.740.1564 Attendee code: 161 069 0135
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Maryland
The Board of Pharmacy recently posted an update notice regarding pharmacists, interns and technicians and immunizations under the PREP Act. The notice clarifies that when Gov. Hogan (R) lifted the State of Emergency on July 1, his executive order on pharmacy-based immunizations also expired. However, the notice recognizes that the PREP Act supersedes state law.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Missouri
The Missouri Department of Social Services proposed to amend regulations under 13 CSR 70-20 to remove outdated provisions regarding the return of unused prescription drugs issued to a MO HealthNet (Medicaid) participant. Comments are due July 31, 2021.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oklahoma
The Board of Pharmacy issued a reminder that the Board of Nursing has a rule that requires the name of the supervising physician to be on the prescription from nurse practitioners.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
South Dakota
The Board of Pharmacy published its July 2021 Newsletter. Highlights include information from the PDMP Director with recommendations to follow if a prescription is suspected of being fraudulent and with information to access Nebraska data. Please recall that the board announced on April 14 that interstate data sharing was established with Nebraska.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Texas
The Department of Health and Human Services (HHSC) announced its submission of an extension application to the Centers for Medicare & Medicaid Services (CMS) for the Texas Healthcare Transformation Quality Improvement Program (THTQIP) waiver under section 1115 of the Social Security Act. The extension request is for approximately 10 years, and reflects the same terms and conditions agreed to and approved by CMS on Jan. 15, 2021. It will allow Texas to continue flexibility to pursue the goals of the existing 1115 waiver:
- Expand risk-based managed care to new populations and services.
- Support the development and maintenance of a coordinated care delivery system.
- Improve outcomes while containing cost growth.
- Transition to quality-based payment systems for managed care and providers.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
After 16 months under a declared state of emergency due to the COVID-19 pandemic, on July 8th Gov. Jared Polis (D) ended all emergency orders connected with the pandemic.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Delaware
On July 13 Governor John Carney (D) ended the state Public Health Emergency and all Executive Orders. On July 12, the Governor issued a new Executive Order authorizing pharmacists, pharmacy technicians and interns to administer COVID testing and vaccinations.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Iowa
The Drug Enforcement Administration (DEA) Ohama Field Division is conducting a series of Lunch and Learn sessions related to fraud and abuse associated with promethazine with codeine. Details are available in the flyer that includes link to register. For more information, contact the DEA Diversion Outreach Coordinator Erin Payne.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Louisiana
Effective July 1, 2021, the state adopted a single Louisiana Medicaid Single PDL – Fee for Service and Managed Care Organizations . The Preferred Drug List (PDL)/Non-Preferred Drug List (NPDL) is a list of over 100 therapeutic classes reviewed by the Pharmaceutical & Therapeutics (P&T) Committee.
Also in Louisiana, the Board of Pharmacy Regulation Revision Committee will be meeting in Baton Rouge on August 3rd to numerous proposed draft rules found here – http://www.pharmacy.la.gov/assets/docs/Cmtes/RegRev/Agenda_2021-0803.pdf
For more information, contact NACDS’ Mary Staples at 817-442-1155.