Colorado
Gov. Jared Polis (D) provided guidelines for Colorado’s reopening after the statewide stay-at-home order expired on April 26th. Retailers will have the option to open May 1,2020, as long as they have social-distancing policies in place. The Governor also directed that workers in critical businesses wear masks or face cloth coverings
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Florida
Florida Department of Health issued Executive Order 20-006 which allows for COVID-19 Testing by Pharmacists. This order suspends the provision of Section 418.813 of the Florida Statutes that requires a pharmacist to be separately licensed to perform a clinical laboratory tests and also suspends the provision of Section 465.003 (13) of the Florida Statutes that may prohibit a pharmacist from ordering, administering, or reporting the results of COVID-19 tests, including serology tests, authorized by the FDA at a location with a clear and active pharmacy license.
Also in Florida… the Agency for Health Care Administration has issued an ALERT to provide Florida Medicaid coverage updates of laboratory testing for COVID-19.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Georgia
Governor Kemp announced that he will begin the reopening of Georgia’s economy which will happen incrementally in three phases using the methods outlined by President Trump. He also stated that Georgia is on-track to meet Phase I of such a plan soon. To that end, the Governor issued a new Executive Order, as well as guidance for those businesses named. The Shelter in Place order remains in place and Georgians must continue to abide by that order until it expires. Governor Kemp then issued an additional Executive Order. That clarifies certain provisions in the EO issued on April 23rd. Specifically, the provisions of the Executive Order issued on April 23rd, unless otherwise stated in that Order, go into effect on May 1st, 2020 and shall be effective through May 13th, 2020.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Iowa
The Iowa Department of Human Services reminds pharmacies that its latest biennial Medicaid Cost of Dispensing survey is due Thursday, April 30th.
Also in Iowa… The Iowa Board of Pharmacy issued a press release with information about rules relating to the distribution of COVID-19 testing kits, including serology tests, into the state of Iowa.
Also in Iowa... Gov. Kim Reynolds (R) issued an extension of the emergency proclamation, permitting regulatory relief to pharmacies through May 27, 2020. The Board of Pharmacy responded with this guidance.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Louisiana
The Board of Pharmacy issued a Proposed rule amending regulations to add nine drugs of concern, including seven drugs for the treatment of hepatitis, promethazine oral liquid formation, and gabapentin. The rule also requires recordkeeping for prescription transactions and revises provisions on authorized access privileges, access registration procedures, and methods of access. In addition, the rule would extend the automatic registration procedures to include dispensers and remove redundant provisions. Comments are due to mstaples@nacds.org by COB May 15, 2020 so that we can submit a comment letter in advance of the May 29, 2020 public hearing.
Also in Louisiana… The Board of Pharmacy issued a Proposed rule to remove the requirement for pharmacists to publicly display a paper copy of their current license renewal. Comments are due May 29, 2020.
Also in Louisiana... Dr. Courtney N. Phillips officially joined the Louisiana Department of Health to serve as the Secretary. Dr. Phillips mos
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Michigan
Michigan Gov. Gretchen Whitmer (D) announced an extension of her previous Executive Order with wide-ranging scope of practice and operational measures to facilitate pharmacy engagement in response to COVID-19. The new order will apply through May 19, 2020.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Mississippi
Mississippi State Department of Health issued the following guidance this week. HHS recently authorized pharmacists to order and administer COVID-19 tests. Pharmacies will need a CLIA Certificate of Waiver from the Mississippi State Department of Health (MSDH) to participate in testing. It will be up to the pharmacy and the pharmacist-in-charge to deem all appropriate training for the testing to be completed. For anyone interested in conducting COVID-19 testing, please stay alert for any changes made by the FDA, HHS, MSDH, or Mississippi Board of Pharmacy. Positive test results must be reported to MSDH with patient information; negative results must be reported daily in aggregate (number) without patient information.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
North Carolina
Governor Cooper has announced the extension of the current stay-at-home Executive Order 121 until May 8,2020 at 5pm and a 3-phase plan for reopening. Executive Order 121 that enacted stay-at-home requirements has been in place since March 30th and was originally scheduled to expire next Thursday, April 30th. This order does not alter any provisions of the previous executive order other than technical changes.
Also in North Carolina... Effective April 27, 2020, prescriptions for NC Medicaid and NC Health Choice beneficiaries are eligible for the addition of a mailing or delivery fee via the guidelines below. NC Medicaid encourages beneficiaries to request, and pharmacy providers to mail or deliver prescriptions to beneficiaries, during the COVID-19 pandemic to achieve better social distancing within their community. This measure should be considered for all beneficiaries, but especially those that are considered at higher risk for severe COVID-19 illness. For more information please click here.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Pennsylvania
HB 943, legislation prohibiting PBMs and PSAOs from penalizing pharmacies for disclosing a patient’s cost share for a prescription drug and discussing available alternatives, has been reported from the Senate Health Committee and received first consideration on the Senate Floor. The legislation, commonly referred to as a “gag clause” bill was sponsored by Rep. Valerie Gaydos (R), and previously passed the House unanimously.
Also in Pennsylvania... Rep. Seth Grove (R) has introduced legislation that would expand pharmacists’ immunization authority and allow them to order and administer COVID-19 and CLIA-waived tests for the duration of the Governor’s disaster emergency declaration. Specifically, HB 2461 would allow pharmacist to provide any vaccine on the CDC or ACIP schedules and any injectable or biological medication for the treatment or prevention of COVID to patients 9 years of age or older, including any upcoming COVID-19 vaccine. Additionally, it would suspend the provisions of the Pennsylvania Lab Act that requires prior work experience in a laboratory for pharmacists to register with the state to perform CLIA-waived tests, including those for COVID-19. The legislation was introduced at the behest of NACDS and the Pennsylvania Association of Chain Drug Stores (PACDS).
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Texas
The Texas Federation of Drug Stores submitted several requests to Gov. Greg Abbott (R) requesting additional waivers, including one for pharmacists testing requesting either a waiver or statewide order from the Department of State Health Services, and one on telepharmacy.
Also in Texas... Gov. Greg Abbott (R) appointed Chairman and CEO of Brookshire Grocery Company Brad Brookshire to his Strike Force to Open Texas to develop plans on how to best reopen the state.
Also in Texas... Gov. Greg Abbott (R) announced that he was mobilizing the Texas National Guard for COVID-19 mobile testing teams. Forty-five teams will be mobilized across the state to provide greater access to medical testing. The teams will have eleven medical professionals and support staff, as well as thirty-four soldiers. Currently, the Texas National Guard has the capacity to test 150 people per day at each mobile testing location.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
The California State Board of Pharmacy (Board) is proposing an emergency action to add regulations related to the independent initiation and furnishing of HIV preexposure prophylaxis (PrEP) and HIV postexposure prophylaxis (PEP) recommended by the federal Centers for Disease Control and Prevention (CDC) to patients, as authorized by Senate Bill (SB) 159 (Wiener, Chapter 532, Statutes of 2019). The proposed regulation would establish the criteria that a training program for participating pharmacists must meet for approval by the Board and the recordkeeping requirements for a pharmacist who has completed the training program.
Also in California... Despite the fact that the Board of Pharmacy announced that they would extend the comment period to April 30, 2020, NACDS and the California Retailers Association submitted a joint comment letter to the Board of Pharmacy to express our concerns regarding the proposed regulations as unworkable and over-restrictive for staffing requirements for community pharmacies. Our letter stressed that it is crucial that pharmacies have the ability to address fluctuations in staffing but also designate the type of employee that will provide assistance rather than a particular individual.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
NACDS and the Colorado Retail Council submitted a joint comment letter to the Department of Regulatory Agencies identifying multiple opportunities to modernize and reform the current practice of pharmacy to secure more value, drive innovation, and provide cost-effective healthcare services to improve the health and well-being of Colorado residents.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
District of Columbia
The District of Columbia’s Medicaid Program has announced that, as a result of CMS approving their state plan amendment, it will begin paying pharmacists for immunization administration beginning May of 2020.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Illinois
Consistent with NACDS advocacy efforts, the Illinois Department of Financial and Professional Regulation issued a proclamation that an Illinois licensed pharmacist’s scope of practice under the Pharmacy Practice Act is expanded to screen patients, order, administer, read, and report the findings of tests waived under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) for COVID-19 during the course of the pandemic.
Also in Illinois... Governors from Illinois, Kentucky, Indiana, Michigan, Minnesota, Ohio, and Wisconsin have formed a pact for coordinating the reopening of the Midwest regional economy.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Indiana
Governors from Indiana, Kentucky, Illinois, Michigan, Minnesota, Ohio, and Wisconsin have formed a pact for coordinating the reopening of the Midwest regional economy.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Kentucky
Governors from Kentucky, Indiana, Illinois, Michigan, Minnesota, Ohio, and Wisconsin have formed a pact for coordinating the reopening of the Midwest regional economy.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
The Board of Pharmacy submitted its initial reports to the Joint Oversight Committee on Health and Welfare on four regulatory projects – Prescription Monitoring Program Project 2020-1, Automated Medication Systems Project 2020-2, Pharmacist Licensing Display Project 2020-3, and Marijuana Pharmacy Project 2020-5. For more information on the status of all of the Board’s regulatory projects, go to http://www.pharmacy.la.gov/index.cfm?md=pagebuilder&tmp=home&pid=81
Also in Louisiana... The Board of Pharmacy announced changes to a proposed rule that would amend regulations under LAC 46:LIII, Chapters 15, 25, and 27, to allow pharmacies to accept returns of previously dispensed drugs for disposal. The rule also would specify requirements for disposal of controlled substances and hazardous drugs. The changes remove the requirement for pharmacies to accept returns of controlled substances for disposal and instead would allow pharmacies to accept such drugs for disposal and require pharmacies to advise patients or their designees of drug disposal options. A second public hearing is scheduled for April 27, 2020.
Also in Louisiana... Effective March 20th, the Department of Health began reimbursing for vaccines administered to adults by qualified pharmacists, an administration fee of $15.22 which includes counseling when performed. Vaccine reimbursement for recipients aged 19 and over shall be reimbursed at wholesale acquisition cost (WAC) or billed charges, whichever is the lesser amount. http://bnaregs.bna.com/?id=la_15788
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Michigan
Governors from Michigan, Kentucky, Indiana, Illinois, Minnesota, Ohio, and Wisconsin have formed a pact for coordinating the reopening of the Midwest regional economy.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Minnesota
In its latest update to its Frequently Asked Questions, the Minnesota Board of Pharmacy addresses the extent to which pharmacists can be involved in COVID-19 testing at this time. NACDS encourages members to check the FAQ document regularly for updates.
Also in Minnesota... Governors from Minnesota, Kentucky, Indiana, Illinois, Michigan, Ohio, and Wisconsin have formed a pact for coordinating the reopening of the Midwest regional economy.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nevada
Nellis Air Force Base Pharmacy (NAFBP) notified the state Board of Pharmacy that all people not located on the base, mostly veterans and their family members, temporarily will not be able to pick up prescriptions at the Base. Since Nevada law requires that these prescriptions be transferred and filled, approximately 16,000 refills per month, must be transferred to Nevada retail pharmacies. NACDS members are working with NAFBP staff to facilitate these transfers. To assist with the transfers and refills, please refer to NAC 639.713 – 639.7145 (and 21 CFR § 1306.25 where applicable) and NRS 639.2394.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Mexico
The Medical Board issued a Final rule effective March 24th amending and adopting regulations under 16.10.9 through 16.10.22 NMAC (nonconsecutive) to add licensure fees for out-of-state sports team physicians and naturopathic doctors. The rule also adds licensure reinstatement fees for anesthesiologist assistants and polysomnographic technologists, updates fees for physician assistants and genetic counselors, and increases fees for license verification to $37. In addition, the rule requires health care providers who prescribe opioid analgesics for the first time to advise the patient of the risks of overdose and co-prescribe an opioid antagonist for opioid prescriptions written for at least a five-day supply. Finally, the rule adds practice requirements for naturopathic doctors.
Also in New Mexico... The Office of the Superintendent of Insurance announce a Proposed rule amending regulations under 13.10.13 NMAC to change “copayments” to “cost-sharing” and prohibit cost-sharing for testing and health care services for the new coronavirus, pneumonia, influenza, or other diseases or conditions that are the cause or subject of a public health emergency. The rule currently is in effect as an emergency rule. A hearing is scheduled for April 23rd, and comments will be accepted through 4:00 PM MDT on April 23, 2020. Comments should be sent to Melissa Martinez; Office of Superintendent Insurance; 505-476-0333; melissa.martinez2@state.nm.us.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Ohio
Governors from Ohio, Kentucky, Indiana, Illinois, Michigan, Minnesota, and Wisconsin have formed a pact for coordinating the reopening of the Midwest regional economy.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
South Dakota
South Dakota Gov. Kristi Noem (R ) issued an Executive Order with a number of temporary pharmacy related provisions to facilitate engagement on COVID-19, including licensing, out of state pharmacies, waiving the pharmacist-to-technician ratio, pharmacy transfers, therapeutic substitution, and more.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Texas
On April 12th, a day before the emergency orders would have expired, Gov. Greg Abbott indefinitely extended the disaster declaration for all Texas counties in response to COVID-19.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wisconsin
The Pharmacy Society of Wisconsin reported the Pharmacy Examining Board has issued a variance to temporarily relax counseling and delivery requirements for pharmacies.
Also in Wisconsin... Governors from Wisconsin, Kentucky, Indiana, Illinois, Michigan, Minnesota, and Ohio have formed a pact for coordinating the reopening of the Midwest regional economy.
Also in Wisconsin… Gov. Evers (D) signed into law AB 1038, addressing prescription extensions, drug limits, and coverage of vaccinations in the SeniorCare program.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.