California
The Department of Finance announced that the state’s revenue decline, estimating late last week that the overall budget deficit is approximately $54.3 billion.
Also in California... On May 12th, Gov. Gavin Newsom (D) announced efforts to expand the state’s ability to provide more COVID-19 testing, including using pharmacists to test. For pharmacists to help, the Department of Consumer Affairs (DCA) issued the following DCA waiver DCA-20-14 Restrictions on Pharmacists Ordering and Collecting Specimens for COVID-19 Tests.
Also in California... Having received approval from the Centers for Medicare & Medicaid Services (CMS) of the Department of Health Care Services’ (DHCS) request for multiple Section 1135 flexibilities related to Medicaid and the Children’s Health Insurance Program (CHIP), new guidance was issued. To the extent applicable, the following modifications also apply to CHIP through the duration of the public health emergency:
- Extending pre-existing authorizations.
- Accommodating circumstances that require relocation to an alternative setting to ensure the continuation of needed home and community-based services (HCBS).
- Temporarily waiving written consent under HCBS programs and permitting documented verbal consent as an alternative.
Also in California... NACDS participated in the Zoom Board meeting on May 7th where the following actions were taken.
- Re-elected President Greg Lippe, Vice President Debbie Veale, and Treasurer Maria Serpa to one-year terms as officers.
- Delegated authority to the president to grant Pharmacy Law waivers for up to 90 days and to extend existing waivers for up to 90 additional days.
- Approved a proposed regulation to add Title 16, CCR section 1714.3, Community Pharmacy Staffing without NACDS’ amendments.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Georgia
Emergency rule of the Board of Pharmacy adopts regulations under GAC 480-22-0 to specify requirements for dispensing of Schedule II controlled substances during the coronavirus (COVID-19) state of emergency upon receiving oral authorization from the prescribing practitioner. The rule is effective April 1, 2020 and shall be effective for the duration of the emergency or a period of not more than 120 days, whichever is shorter.
Emergency rule of the Board of Pharmacy adopts regulations under GAC 480-10-0 to specify the conditions under which chloroquine, hydroxychloroquine, or mefloquine may be dispensed or distributed during the coronavirus (COVID-19) public health emergency. The rule specifies that the substances cannot be dispensed unless the prescription or practitioner drug order includes a diagnosis and establishes a limit of 14 day supplies with no refill. The rule is effective March 27, 2020 and expires July 25, 2020.
Emergency rule of the Board of Pharmacy adopts regulations under GAC 480-15-0 to establish standards for temporary pharmacy technician registration during the coronavirus (COVID-19) state of emergency. The rule is effective April 1, 2020 and shall be effective for the duration of the emergency or a period of not more than 120 days, whichever is shorter.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Louisiana
NACDS and the Louisiana Retailers Association submitted a joint letter to the COVID-19 Health Equity Task Force charged with addressing health disparities. In our letter, we described how pharmacies and pharmacists can help increase access to care and improve health equity for minority and vulnerable populations throughout the state.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Mississippi
Effective May 11, 2020, providers – whether medical or pharmacy – are prohibited from collecting co-payments from Medicaid beneficiaries. For more pharmacy specific information, please click here.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Missouri
The Missouri Board of Pharmacy webinar originally scheduled for March 26th has been rescheduled to May 21, at 12:00 pm. Attendees must re-register for the new date here. The webinar will feature Chief Inspector Tom Glenski and Bureau of Narcotics and Dangerous Drugs Administrator Michael Boeger.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nebraska
The Nebraska Board of Pharmacy is seeking a pharmacist to replace a member whose term expires November 30, 2020. Information about Board service can be found here.
Also in Nebraska... Nebraska Medicaid issued a provider bulletin regarding the suspension of copays for all services and medicines effective May 1st.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nevada
On May 6th, the Board of Pharmacy updated is waiver temporarily authorizing registered pharmacists, intern pharmacists, and pharmaceutical technicians to perform COVID-19. The guidance can be accessed here.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
North Carolina
Emergency rule of the Medical Board adopts regulations under 21 NCAC 32B to establish the restricted drug list during the new coronavirus (COVID-19) public health emergency. The rule also establishes standards for pharmacists to receive and document oral prescriptions for restricted drugs. The rule is effective April 6, 2020 and expires June 5, 2020.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
North Dakota
North Dakota Medicaid issued an update with information about personnel changes in the Pharmacy Services team
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Texas
In an effort to stay connected with Texas state legislators during the interim, NACDS, the Texas Federation of Drug Stores and our chain pharmacists from HEB, Kroger, Walgreens and United have been engaged in Zoom meetings. Over the past couple of weeks, we have met with nine lawmakers — West Texas State Senators Charles Perry & Kel Seliger, Ft. Worth State Senator Beverly Powell, San Antonio State Representative Phillip Cortez, Houston State Representative Garnet Coleman, El Paso State Representative Lina Ortega, Arlington State Representative Chris Turner, Dallas State Senator Nathan Johnson and Wichita Falls State Representative James Franks. During these meetings, we covered a wide range of issues beyond the great work pharmacist and pharmacies are doing during the pandemic throughout Texas to ensure access to medications, promoting our scope regulatory and legislative agenda, — expanding technician duties and eliminating arbitrary ratios, and enhancing access to immunizations without a prescription. We also urged them to tell Gov. Greg Abbott to allow pharmacists to test now for COVID and treat later when the vaccines become available.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wisconsin
The March ForwardHealth Update pertaining to COVID-19 has been updated and can be found here
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Arkansas
NACDS participated in conference call with Gov. Asa Hutchinson (R) last week where he announced that the state had submitted a State Plan Amendment to CMS to increase the payment rates for pharmacist administered vaccines effective in late July 2020. The SPA increases the rates to $15.45 for administration of the influenza immunization. The SPA also increases rates for other Medicaid payable vaccines to $13.14. NACDS will be submitting a comment letter supporting the increase.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
NACDS, the California Retailers Association, and the California Pharmacists Association have submitted numerous requests over the past several weeks and continue to encourage the Gov. Gavin Newsom’s (D) Administration to waive existing barriers to allow pharmacists to order and administer COVID-19 and anti-body tests. By allowing pharmacists the ability test, as the state reopens, it will be able to better implement track and trace policies crucial to getting the state’s population back to work.
Also in California… The Assembly returned to the Capitol on Monday, May 4th, and the Senate announced their session will resume on Monday, May 11th.
Also in California… An emergency rulemaking action to add section 1747 to Title 16 of the California Code of Regulations relating to the independent initiation and furnishing of HIV preexposure and postexposure prophylaxis as authorized by Statutes of 2019, chapter 532 (SB 159) was finally approved by the Office of Administrative Law. The Notice of Approval and the text of CCR section 1747 – Independent HIV Preexposure and Postexposure Prophylaxis Furnishing, can be viewed on the Approved Regulations page at the Board of Pharmacy’s website, www.pharmacy.ca.gov.
Also in California… Effective April 1, 2020, an Order of Adoption of a proposal to amend the Protocol for Pharmacists Furnishing Naloxone Hydrochloride was announced by the Board of Pharmacy. To view the regulation and Naloxone Fact Sheet, go to the Approved Regulations on the Board’s website – www.pharmacy.ca.gov.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
May 18, 2020 is the tentative date for the Legislature to resume the session that was paused on March 14th. While there are more than 350 bills pending, it is very likely that most will die and the legislators will focus only on COVID issues and the state’s budget, which forecasters estimate it to be around a $3.2-4 billion shortfall.
Also in Colorado. The Department of Public Health and Environment, Prevention Services Division, issued a Final rule repealing regulations regarding the state’s Cancer Drug Repository Program, effective May 15, 2020.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Connecticut
This week Connecticut State Officials from the Governor’s Office and Department of Consumer Protection met with NACDS, the Connecticut Community Pharmacy Association and pharmacies to discuss any impediments to pharmacists being able to order, administer and interpret COVID tests. State officials felt strongly that the key to rapidly increasing the testing of its citizens required the support of the pharmacy community. State officials agreed to consider several actions to expedite the process.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Louisiana
The legislature reconvened their session on Monday, May 4, and by constitution, must adjourn by June 1. While the budget is their main focus, several committees did post hearings for this week, including a payment parity bill, HB 459, filed by Rep. Joseph Stagni. The payment parity bill garnered broad support from the Louisiana Pharmacy Congress that represents eight pharmacy organizations — Alliance for Pharmacy Compounding, Louisiana Independent Pharmacies Association, Louisiana Pharmacists Association, Louisiana Society of Health-System Pharmacists, Louisiana State Board of Pharmacy, National Association of Chain Drug Stores, University of Louisiana at Monroe – School of Pharmacy, Xavier University of Louisiana – College of Pharmacy – was scheduled for a hearing in the House Insurance Committee on May 6. Both NACDS launched a RxIMPACT alert to mobilize support for the bill, and so did the Louisiana Pharmacists Association. NACDS and the Louisiana Retailers Association submitted a joint support letter to the committee. Mounting opposition to the bill were the family physicians and insurers led by Blue Cross/Blue Shield. Unfortunately, late Tuesday, the bill was removed from the committee calendar because it was deemed too controversial.
Also in Louisiana... At their April Board of Pharmacy reduced the number of live CE requirements for 2020. They determined it appropriate to modify the CE requirements for pharmacist license renewal for Calendar Year 2021 such that a total of 15 hours of ACPE-accredited pharmacist-specific CE will qualify for license renewal without regard to whether the CE is acquired through live presentations or home study methods.
Also in Louisiana... The Board of Pharmacy is holding a May 29, 2020 hearing on a proposed rule to add nine drugs of concern, including seven drugs for the treatment of hepatitis, promethazine oral liquid formation, and gabapentin. The rule also would add recordkeeping requirements for prescription transactions. NACDS will be submitting a comment letter.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Hampshire
The New Hampshire Board of Pharmacy Licensed Advanced Practice Technician (LAPT) Committee continues to meet with interested stakeholders, including NACDS, on the duties and educational training for the newly created LAPT position. The committee agreed to draft their recommendations for full Board of Pharmacy consideration at their summer meeting.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
North Carolina
Governor Cooper signed new Executive Order 138. The Executive Order does not lift the stay-at-home order but replaces previous executive orders to begin Phase 1 on Friday, May 8 at 5pm. The order is set to expire on Friday, May 22 at 5pm at which point the Governor will examine whether North Carolina will enter Phase 2.
Also in North Carolina... The General Assembly convened their scheduled short session last Tuesday, April 28 and quickly approved a pandemic relief package of nearly $1.6 billion that Governor Cooper signed into law on Monday, May 4th. The legislation is effective immediately and included, among other items, language that authorizes pharmacists to administer a COVID-19 vaccine or immunization once one is developed and recommended by the CDC. Two liability protection provisions, one covers health care workers, protecting them from civil and criminal liability as they provide COVID-19 treatment and the second protects any essential business whose employees or customers contract COVID-19.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
Prior to the May 5th quarterly Zoom Board meeting, the Executive Director Allison Benz announced that the discussion on expanding technician duties and eliminating the arbitrary ratio would be postponed until the August 4th in-person Board meeting.
Also in Texas... The Health and Human Services Commission’s Vendor Drug Program (Medicaid) finally submitted their 1115 Waiver on April 22nd, that would allow reimbursement to pharmacies for administering flu vaccines, long acting antipsychotics, and drugs used to treat substance use disorder or opioid dependency.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Virginia
In response to Governor Ralph Northam’s (D) declared state of emergency regarding COVID-19 and as authorized in §54.1-3307.3, the Board of Pharmacy clarified that pharmacists can perform all CLIA-waived point of care tests, including COVID-19 tests. Additionally, they made updates to their Emergency Provisions During the COVID-19 Declared Emergency that includes waiver of the signature requirement as proof of delivery.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Washington
The Washington Health Care Authority (Medicaid) has added the following optional benefits to their state plan: Allow pharmacists practicing within their scope of practice to order, collect specimens, conduct and interpret necessary tests, initiate treatment when appropriate, and administer vaccines for the diagnosis, treatment and prevention of COVID-19; and allow pharmacists practicing within their scope of practice to administer any prescribed injectable, covered, outpatient drug during the COVID-19 pandemic.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Wisconsin
The Pharmacy Society of Wisconsin (PSW) has appointed Sarah Sorum, PharmD, as its new Chief Executive Officer. Dr. Sorum has been with PSW since 2007 in various roles, including as its PSW Senior Vice President of Professional and Educational Services, before being named Interim CEO. NACDS congratulates Dr. Sorum on her appointment and wishes PSW the best in its next chapter.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Wyoming
The Wyoming Board of Pharmacy has approved the elimination of the technician ratio which was previously 3:1.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Alabama
All previously published expiration dates related to the Coronavirus (COVID-19) emergency are once again extended by the Alabama Medicaid Agency (Medicaid). The new expiration date is May 30, 2020, or at the conclusion of the COVID-19 National emergency, whichever occurs first.
Also in Alabama… the Board of Pharmacy is providing Notice and guidance to pharmacists on testing for coronavirus, including conditions under which pharmacists, and pharmacy interns under the immediate supervision of a pharmacist, can perform the allowed tests with appropriate training. Pharmacy technicians can only be involved in completing required paperwork, including the required reporting. Pharmacies must also provide staff with appropriate personal protective equipment. Note: Pharmacies conducting COVID-19 tests are subject to the reporting requirements specified on the Alabama Department of Public Health web page.
Also in Alabama… Alabama Medicaid is providing notice that the State Plan Amendment (SPA) request to modify the default/backup pharmacy reimbursement methodology when no AAC is present on brand drugs only from WAC + 0% to WAC – 4% has been approved by CMS. The plan is now to proceed with the Administrative Code change for an implementation date to be determined later this year.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Arkansas
Gov. Asa Hutchinson (R) announced that he would begin lifting restrictions on May 4, 2020. He recently appointed 27 leaders, including Charlie Spakes with the Arkansas Grocery and Retail Merchant Association, to his Economic Recovery Task Force to provide guidance to help the Governor develop a strategy for recovery based on the best public health information available.
For more information, contact NACDS’ Mary Staples at 817-442-1155.