Washington
To help combat phony vaccination cards, the Department of Health (WSDH) created a guide Verifying Vaccination Cards to help verify COVID-19 vaccination record cards. If a patient presents a vaccine card that is fake, report it to the U.S. Department of Health and Human Services (HHS) Office of Inspector General and the Washington State Office of the Attorney General (ATG).
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Alabama
Effective September 2, 2021, Governor Kay Ivey (R) issued a supplemental state of emergency proclamation for Hurricane Ida evacuees. The proclamation increases the allowable emergency supply of prescription medications that may be refilled from a 72-hour supply to a 30-day supply. Emergency prescription refills may be dispensed only if certain conditions apply. Please read the full proclamation for details. The proclamation is written in such a manner that an emergency rule from the Alabama Board of Pharmacy is not required.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
California
In an emergency meeting, the Board of Pharmacy voted to re-instate the remote processing waiver until December 31 or 30 days after the emergency declaration is lifted, whichever is later. NACDS and the California Retailers Association submitted a joint letter requesting the board to take this action in accordance with Gov. Gavin Newsom’s (D) Executive Order N-39-20 to reissue the remote processing waiver that expired on June 30, 2021.
Also in California, due to Cache Fire, Gov. Gavin Newsom (D) declared a state of emergency on September 7, 2021, in Lake County. The Board of Pharmacy issued an alert reminding pharmacies and pharmacists of provisions in Business and Professions Code section 4062 and section 4064 to help provide prescriptions for displaced residents.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
District of Columbia
The Department of Health Care Finance (DHCF) will hold its virtual Quarterly Pharmacy Provider Forum on September 21 from 10-12am and September 22 from 1-3pm. The content for both is identical. To RSVP and receive the meeting link contact Allison Williams.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Florida
Effective 10-1-21 WellCare of Florida, Inc. d/b/a Staywell Health Plan of Florida, Inc. (Staywell) Members will Transfer to Sunshine State Health Plan, Inc. (Sunshine). The WellCare of Florida, Inc. d/b/a Staywell Health Plan of Florida, Inc. (Staywell) legal entity will be merging with Sunshine State Health Plan, Inc. (Sunshine Health). The Agency for Health Care Administration will move Staywell’s Medicaid membership, including Serious Mental Illness (SMI) Specialty Plan membership, to the Sunshine Health plan effective October 1, 2021. In addition, Children’s Medical Services (CMS) Health Plan, which has been operated by WellCare through a contract with the Florida Department of Health, will be operated by Sunshine Health effective October 1, 2021. Sunshine Health will be issuing new Medicaid ID cards. All billing and claims reimbursement will be provided by Sunshine Health for dates of service beginning October 1, 2021. All Staywell claims for service dates prior to October 1, 2021, must continue to be submitted through Staywell and related questions may be directed to Staywell at 1-866-334-7927 (TTY 711) Monday-Friday, 8 a.m. to 7 p.m.
Providers that are out of network as of October 1, 2021, will be eligible for a 120-day continuity of care period where claims will be payable to allow time for members to transition to a new provider, if necessary. The continuity of care period ends on January 31, 2022.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Illinois
Governor J.B. Pritzker (D) has signed SB2172, which amended the Illinois Pharmacy Practice Act and specifically provides that beginning January 1, 2024 (rather than January 1, 2022), it must be the joint responsibility of a pharmacy and its pharmacist in charge to ensure that all new pharmacy technicians are educated and trained using a standard nationally accredited education and training program.
Also in Illinois, the Illinois Department of Healthcare and Family Services has posted a new Provider Notice regarding Additional Instructions for COVID-19 Vaccine 3rd Booster Dose. Additionally, the Illinois Department of Healthcare and Family Services has posted a new Provider Notice regarding Chantix Shortage –Temporary Distribution of Apo-Varenicline 0.5 mg and 1 mg Tablets.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Iowa
The Board of Pharmacy posted its July 14 meeting minutes on the meeting webpage. In addition to the Board’s unanimous vote for Emergency Adoption and Notice of Intended Action to amend Chapter 3, “Pharmacy Technicians,” to provide minimum standards for technician immunization administration, the Board also unanimously voted to approve the amended Statewide Protocols for naloxone, nicotine-replacement tobacco cessation and immunization as presented. The Board also took other regulatory actions and discussed numerous updates.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Kansas
Below are highlights from the September issue of the Board of Pharmacy newsletter. See the newsletter for details and more information.
- The Board continues to provide updates on its COVID webpage, including information about operations, waivers, renewals, exams, inspections, frequently asked questions and more. The most recent memo was updated on August 25.
- Pharmacies only need to upload the first page when submitting proof of a National Association of Boards of Pharmacy® (NABP®) Verified Pharmacy Program® inspection to the Board.
- Laura Kelly (D) reappointed Jonathan Brunswig, PharmD, RPh, and Bill Walden, RPh, to the Board and appointed new public member, Lucinda Noches Talbert. All will serve a four-year term, ending in 2025.
- K-TRACS, the Kansas prescription drug monitoring program, will explore interest in peer-to-peer education about K-TRACS utilization via outreach to pharmacies.
- Updates on pharmacist technician certification examinations, CE and renewals are now available.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Kentucky
Gov. Andy Beshear called the General Assembly into a special session to address issues related to the COVID-19 pandemic. The special session was required because of a Supreme Court ruling that lifted an injunction issued by Franklin Circuit Court that prohibited implementation of legislation that limited the governor’s authority during a declared state of emergency. Subsequently, the Legislature passed, and the Governor signed HJR 1, which extended several executive orders, agency actions and administrative regulations until January 15, 2020. Of special interest to pharmacy, HJR 1 renewed the following:
- Executive Order 2020-215 that declared the original state of emergency including extending legal liability protections from SB 5 of 2021
- Executive Order 2021-666 allowing pharmacists to dispense a 30-day emergency refills to patients
- 2021 Executive Order 2021-665 price gouging
- Extension of nurse practitioners’ prescribing controlled substances without a physicians’ collaborative agreement.
- Board of Pharmacy Order regarding the suspension of administrative regulations which relate to in-person work to promote telework opportunities where possible
- Secretary of the Governor’s Executive Cabinet Order, dated April 24, 2020, related to the “practice of pharmacy” shall include initiating, ordering, and administering Covid-19 testing
The General Assembly continues to meet; further COVID-19 healthcare related measures are expected to receive consideration.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Michigan
The Michigan Department of Health and Human Services has asked NACDS how pharmacies are billing insurances/payers for the COVID-19 home/point-of-care testing devices able to be purchased at pharmacy locations. In specific the department wants to know if the billings are through the payer’s medical benefit for a medical claim. CMS recently released some guidance requiring State Medicaid and CHIP programs to cover these home COVID testing solutions.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Missouri
The Department of Health and Senior Services is now offering two options for free COVID-19 testing: (1) in-person testing events hosted around the state www.health.mo.gov/communitytest; and (2) residents may order a free PCR test kits mailed to their Missouri address with a return FedEx shipping container, with results emailed back within 48 hours www.health.mo.gov/communitytest.
Also in Missouri, Gov. Mike Parson (R) issued a new COVID-19 State of Emergency declaration focusing on the healthcare system and recovery from COVID-19, extending the order here to December 31, 2021.
Finally in Missouri, the Department of Commerce and Insurance issued a revised COVID waiver updated by the Board of Pharmacy to include the Remote Data Entry waiver approved by the Governor. Current Board rule 20 CSR 2220-2.725 allows qualified pharmacy technicians/intern pharmacists to perform remote data entry from home or at an in-state non-pharmacy location. The COVID-19 Remote Data Entry waiver allows pharmacy technicians/intern pharmacists to also perform remote data entry at a site that is not located in Missouri, if authorized by the supervising pharmacist. Pharmacy technicians/intern pharmacists may perform remote data entry at a non-Missouri location in compliance with 20 CSR 2220-2.725 while the COVID-19 waiver is in effect (Missouri locations are authorized by 20 CSR 2220-2.725).
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Nebraska
The Department of Health and Human Services is moving to an internet-based licensing system called LANCE (Nebraska Licensing and Certification Environment) in late 2021 with full implementation planned in 2022.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New Jersey
Governor Phil Murphy (D) recently signed into law two opioid proposals. The first is AB 5595 which requires the Director of the Division of Consumer Affairs to include opioid antidotes on the list of prescription drugs provided to pharmacies and then requires pharmacies to include opioid antidotes on its prescription drug retail price list available to customers. Governor Murphy also signed into law AB 5703 which requires coverage for an opioid antidote without imposing prior authorization requirements.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Oklahoma
The Board of Pharmacy announced a new committee to evaluate and update rules for technicians administering immunizations. Interested persons need to email a letter of interest and resume to pharmacy@pharmacy.ok.gov.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
South Carolina
SCDHHS offers free monthly training workshops for providers. These recurring virtual workshops cover a variety of topics including training on Medicaid basics, how to submit claims using the web-based tool and third-party liability (TPL). To register for a workshop, please visit the Medicaid eLearning site, www.medicaidelearning.com, or call (888) 289-0709 and select option 1. Additional training resources for providers are also available online through the Medicaid eLearning site. You can find a complete schedule of provider workshops here.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
Having achieved passing the election integrity law, the second special legislative session adjourned on September 2. Gov. Abbott (R) announced a third special session on redistricting will convene on September 20, 2021.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Alabama
The Alabama Medicaid Agency’s (Medicaid) new Medical and Quality Review Services Contractor, Kepro, will begin reviewing prior authorization (PA) requests, hospice, nursing home, ICF-IID, PEC, and swing bed records on October 1, 2021. Kepro will review PA requests with dates of October 1, 2021, and after. Kepro will NOT review pharmacy, dental or radiology PAs.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
California
The Department of Health Care Services issued an All Plan providing guidance to Medi-Cal managed care health plans related to the Medi-Cal COVID-19 Vaccination Incentive Program. Effective September 1, participating Medi-Cal managed care health plans may be eligible to participate in the Medi-Cal COVID-19 Vaccination Incentive Program.
In California, the Board of Pharmacy published an updated list of prescribers (effective August 27) whose authority to prescribe controlled substances has been restricted by the Medical Board of California. This information is intended to prevent dispensing of controlled substances prescribed by restricted prescribers.
Also in California, the Department of Consumer Affairs issued several waiver extensions including the following. A list of current waivers is available on the DCA website.
- Order Waiving License Reactivation or Restoration Requirements
- Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions
Also in California, NACDS and the California Retailers Association sent a joint letter to the Department of Consumer Affairs (DCA), Board of Pharmacy and Governor's Office requesting a pharmacy law waiver to allow pharmacy technicians to administer flu vaccines to adults. We await a response from DCA.
Lastly in California, the Department of Health Care Services (DHCS) published its Medi-Cal Rx Monthly Bulletin (September 1). This month's issue includes changes to the Contract Drugs List, effective September 1, and Medi-Cal Rx Provider Training Information. As a reminder, full Medi-Cal Rx implementation is scheduled to go-live January 1, 2022 moving the prescription drug benefit from Medi-Cal managed care to Medi-Cal fee-for-service. Please review opportunities for training.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Idaho
Below are the highlights from the September 1 issue of the "Idaho Administrative Rules Bulletin". See 24.36.01, Rules of the Idaho State Board of Pharmacy *(Re-designated from IDAPA 27.01.01 to 24.36.01)
- 24-3601-2000F Rules of the Idaho State Board of Pharmacy – Notice of Omnibus Rulemaking – Adoption of Pending Fee Rule – Reauthorizes Title 36, Chapter 01 – Bulletin Vol. 20-11SE (PLR 2021)
- 24-3601-2000F Rules of the Idaho State Board of Pharmacy – Notice of Omnibus Rulemaking – Proposed (Fee) Rule – Reauthorizes Title 36, Chapter 01 – Bulletin Vol. 20-9SE
- 24-0000-2000 IDAPA 24 – DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES – Notice of Legislative and Executive Action Affecting Certain Boards and Commissions Under the Department of Self-Governing Agencies – House Bill 318, Session Law 96, and Executive Order 2020-10 and Assignment of New IDAPA Designation Number Under the Division of Occupational and Professional Licenses – Redesignated as IDAPA 24, Title 36, Chapter 01 – Bulletin Vol. 20-7 (eff. 7-1-20)
- 27-0000-2000 IDAPA 27 – BOARD OF PHARMACY – Notice of Legislative and Executive Action Affecting the Idaho Board of Pharmacy Under the Department of Self-Governing Agencies – House Bill 318, Session Law 96, and Executive Order 2020-10 and Assignment of New IDAPA Designation Number Under the Division of Occupational and Professional Licenses – Redesignated as IDAPA 24, Title 36, Chapter 01, – Bulletin Vol. 20-7 (eff. 7-1-20)
- 27-0101-2000F Rules of the Idaho State Board of Pharmacy – Notice of Omnibus Rulemaking – Adoption of Temporary (Fee) Rule – Reauthorizes Title 01, Chapter 01 – Bulletin Vol. 20-4SE (eff. 3-20-20)T
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Iowa
The Board of Pharmacy issued a notice to pharmacies regarding multiple fraudulent prescriptions for promethazine with codeine being faxed into pharmacies. Note: they are often accompanied by prescriptions for a Z-Pak (azithromycin).
Also in Iowa, the Board of Pharmacy announced the registration fee for all certified pharmacy technicians will be prorated as of August 16, 2021.
Also in Iowa, the Iowa Pharmacy Association will conduct a webinar entitled "Medicaid: Provider Enrollment and Medical Billings" on September 7 from 2:00 p.m.-3:00 p.m. The speaker will be Desiree Smith, Provider Services Operations Manager, Iowa Medicaid Enterprise (IME). She will be joined by representatives of the state's Medicaid Managed Care Organizations. Registration is required.
Finally in Iowa, NACDS submitted comments to the Board of Pharmacy on the proposed rulemaking revising the requirements for perpetual inventory. On behalf of members, we stated concerned that the proposed rule changes under ARC 5834C that expand the perpetual inventory requirements to apply to all controlled substance medications would be burdensome and would only add more "non-patient care related tasks" to busy pharmacists' workday. NACDS requested the Board to reject the proposed rule change that would require perpetual inventories at all times for all controlled substances, and instead continue to apply this requirement only to Schedule II controlled substances.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Kentucky
The BOP has withdrawn its recent regulation 201 KAR 2:410E expanding pharmacies immunization authority and replaced it with an emergency revised regulation that includes the most recent HHS Guidance allowing pharmacy technicians to administer influenza vaccines to adults. The regulation maintains the ability of any pharmacist to order and administer vaccinations for anyone over the age of three years old, under a protocol. The regulation will next be reviewed by the Administrative Regulatory Review Subcommittee of the General Assembly. However, because it was filed as an emergency regulation, it is in effect now.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Maryland
Medicaid published Advisory #231 from the Office of Pharmacy Services in reference to the Pharmacy Provider Guidance on COVID-19 Additional Vaccine Dose for The Maryland Medicaid Fee-for-Service (FFS) Program.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Michigan
The Michigan Department of Health and Human Services has scheduled a Medicaid Pharmacy Provider Liaison meeting to allow Medicaid staff and Medicaid Pharmacy Providers to meet and discuss policy and operational issues. This quarter’s Pharmacy Liaison Meeting Notice contains the link and phone number to join, and will take place Thursday, September 9th from 2:30-4:30pm.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Nebraska
The Department of Health and Human Services announced the COVID-19 Ad-Hoc Schedule 3rd Dose Vaccine Update. Effective date was August 12, 2021.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New Mexico
Below are highlights from the September issue of the Board of Pharmacy newsletter. See the newsletter for additional details and more information.
- HIV Post-Exposure Prophylaxis and Point-of-Care Testing: Pharmacist prescriptive authority for the prescribing of HIV post-exposure prophylaxis therapy in conjunction with point-of-care testing was approved by the Board during its April 2021 meeting. Pharmacists who wish to obtain this prescriptive authority must go through Board-approved training and adhere to the Board-approved protocol.
- Regulation Updates
- 16.19.4 NMAC – Medical cannabis
- 16.19.20 NMAC – Changes to the scheduling status of certain substances
- 16.19.30 NMAC – Changes to the compounding of nonsterile pharmaceuticals.
- 16.19.31 NMAC – Emergency Provisions adding a section outlining Board authority to authorize extensions for unavailable training or testing during a declared emergency. This includes pharmacist license under reciprocity, technician registration, or pharmacist prescriptive authority.
- 2021 Law Update Schedule
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.