Nevada
The Board of pharmacy issued a notice to announce its intentions to amend and adopt regulations under NAC 453 to establish standards for a computerized program to track controlled substance prescriptions. The rule would provide for the development of patient utilization reports and prescriber utilization reports, address the integration of and access to electronic health records, and address periodic board review and law enforcement access to reports.
Also in Nevada, SB 229 legislation the NACDS, the Retail Association of Nevada, pharmacies, and pharmacists, and the Nevada Department of Health and Human Services support sponsored by Sen. Julia Ratti (D) which will modernize Collaborative Practice Agreements (CPAs) and classify pharmacists as health care providers passed Senate Commerce and Labor Committee on April 6th.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Mexico
The 60-day legislative session adjourned on March 20.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
South Carolina
NACDS virtually attended the 2021 SCRA Legislative Days Monday, March 29th, and Tuesday, March 30th. The legislators and state agency representatives the group heard from over two days included, Governor Henry McMaster, Senate Majority Leader Shane Massey, Senate Minority Leader Brad Hutto, and the new Director at the SC Dept. of Health and Environmental Controls (DHEC), Dr. Edward Simmer. Governor McMaster discussed the COVID19 vaccine roll-out and his appreciation for the retail partners’ efforts. He also stated that he anticipated the current State of Emergency to continue for the foreseeable future. Senator Hutto discussed possible legislation mandating the COVID19 vaccine as well as Hate Crime legislation. Dr. Simmer is hoping for continued collaboration in addressing vaccine access.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Oregon
The Oregon Health Authority issued the following:
- Temporary rule amending regulations under OAR 410-121 to revise the practitioner-managed prescription drug plan to update the preferred drug list. The rule is effective April 1, 2021, and expires June 29, 2021.
- Proposed rule amending regulations under OAR 410-121 to revise the practitioner-managed prescription drug plan to update the preferred drug list, beginning April 1, 2021. The rule currently is in effect as a temporary rule, expiring June 29, 2021. Comments are due April 21, 2021.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
NACDS is asking members to call Chari Stephanie Klick and members of the House Public Health Committee asking for a hearing as soon as possible for TX HB 678 by Rep. Phil Cortez. Our message is that “there is an urgent need to permanently remove the administrative barriers allowing pharmacists to independently order and administer all immunizations to anyone 3 years of age or older without a prescription. Passing HB 678 will guarantee Texans get much better access to convenient, preventive health care.”
Also in Texas, as the state opens COVID-19 vaccine eligibility to everyone age 16 and older, the Texas Department of State Health Services (DSHS) launched the Texas Public Health Vaccine Scheduler, giving people one place to sign up for a COVID-19 shot through multiple public health departments, including the eight DSHS public health regions, which provide public health services in nearly 200 Texas counties, and more than a dozen local health entities across the state.
Also in Texas, beginning April 1st, Health and Human Services (HHSC) set the fee-for-service (FFS) reimbursement rates for COVID vaccines to align with Medicare. The FFS administration reimbursement rate is now $40 for each dose.
Lastly in Texas, the Board of Pharmacy is requesting comments by May 4th on several proposed rules:
- Proposed rule amending regulations allowing pharmacists to electronically sign the data entry attestation statement. The rule also would update references to the DEA 222 order form requirements for distributing Schedule II controlled substances.
- Proposed rule extending the period that Schedule II prescriptions are valid to 30 days to conform to federal standards. The rule also would remove a reference to the effective date of the pharmacy responsibility provisions.
- Proposed rule correcting statutory and regulatory cross-references in the requirements on pharmacy operation.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Washington
The Pharmacy Quality Assurance Commission issued an emergency rule effective until July 3rd increasing the amount of time to 15 days that a practitioner has to deliver a signed prescription when authorizing an emergency prescription of a Schedule II substance to the pharmacy. The rule also defines “signed prescription” and allows practitioners to fulfill signature requirements through paper, electronic transmission, facsimile, photograph, or scanned copy. The rule extends August 5, 2020, emergency rule is issued in response to the COVID pandemic.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
West Virginia
Gov. Jim Justice (R) signed HB 2262, removing the requirement that a veterinarian monitor the controlled substance monitoring database and adding the requirement that a pharmacist licensed by the West Virginia Board of Pharmacy shall access the West Virginia Controlled Substances Monitoring Program Database for information regarding specific patients upon initially dispensing any Schedule II controlled substance, any opioid or any benzodiazepine to a patient who is not suffering from a terminal illness, and at least annually thereafter should the practitioner or dispenser continue to treat the patient with a controlled substance. The effective date is May 31, 2021.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Arkansas
- HB 1134/Act 406 by pharmacist Rep. Justin Boyd (R) allows Arkansas pharmacists the ability to prescribe and administer all vaccines and immunizations to anyone 3 years of age and older. If pharmacists administer either the flu or COVID vaccine to a patient that is 3-6 years old, then the pharmacist must participate in the Vaccines for Children program and inform adult caregivers of the importance of a well-child visit.
- HB 1135/Act 407 also by pharmacist Rep. Justin Boyd allows Arkansas pharmacy technicians to administer vaccines and immunizations to a person 3 years of age or older if delegated by a supervising pharmacist; pharmacy technicians may not administer other medications.
- HB 1069/Act 408 allows Arkansas pharmacists with proper training to be defined by the Board of Pharmacy to initiate therapy and administer or dispense contraceptives under a statewide protocol.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
The Department of Managed Health Care announced All Plan Letter 21-011 to provide an overview of new guidance from the federal Departments of Labor, Health and Human Services, and the Treasury that address the implementation of the Families First Coronavirus Response Act (FFCRA), the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and other health coverage issues related to COVID-19. The letter discusses coverage of diagnostic testing, especially public health surveillance testing.
Also in California, The Board of Pharmacy posted its monthly news roundup. Among the items of interest are the March 2021 issue of “The Script” with articles about new pharmacy laws, new requirements for controlled substance prescription forms and for reporting to CURES, tips on how to avoid processing delays for pharmacy technician license applications, and a reminder that pharmacists-in-charge are required to complete a self-assessment of the pharmacy’s compliance with state and federal laws before July 1 of each odd-numbered year. Current forms and draft versions under review for possible adoption are available online under “Facility License Information/Renewal.” Effective April 1, 2021, the CURES fee will increase from $6 to $11 annually for two years in which most licensees will see a $22 CURES fee due to the biennial renewal cycle.
Also in California. The Board of Pharmacy posted “Guidance on Eligible Personnel for Vaccines Administered in Pharmacies.” Please visit the above link for more information.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Colorado
Via an emergency regulation effective February 24, the Division of Insurance amends regulations under 3 CCR 702-4 to specify that carriers must provide coverage for persons undergoing treatment and receiving vaccines for COVID-19.
Also in Colorado, The Division of Insurance amends regulations under 3 CCR 702-4 related to coverage and cost-sharing requirements for the commercial insurance market coverage of COVID-19 claims. “Section 6 Access to Prescription Drugs During the COVID-19 Emergency” includes language to allow 90-day refills before the scheduled refill date and to prohibit carriers from applying a different cost-sharing amount for early refills. This emergency regulation 21-E-04 was effective March 19.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
District of Columbia
Effective April 2021, HIV post-exposure (PEP) and Pre-exposure (PrEP) treatment for MCO beneficiaries will be carved out of managed care. Claims should be submitted through the Magellan POS system.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Iowa
The Department of Human Services, Iowa Medicaid Enterprise issued Informational Letter No. 2225-MC-FFS-CVD announcing the $40 administration rate per COVID-19 vaccine dose is effective April 1, 2021. This is $80 total for a two-dose series and $40 for a single-dose vaccine.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Kentucky
HB 48, a bill that requires commercial insurances and the state employee health plan to pay pharmacists for both prescription drug claims and patient procedures or services within their scope of practice at a rate not less than that paid to other non-physician practitioners, was signed by Gov. Andy Beshear (D) last week and will be effective 90 days after sine die, which was March 30.
Also in Kentucky, NACDS has been informed that in a meeting this week DMS verbally shared that they have finalized the single PBM pharmacy reimbursement model as NADAC (including current FFS “lesser of” computation) + PDF of $10.64 — the current fee-for-service model. Notably, although SB 50 of the last session allowed Medicaid to implement tiering, the final proposal will reimburse all pharmacies equally. Commissioner Lisa Lee reported that MedImpact and the Managed Care Organizations are expected to and will be required to meet the July 1, 2021 implementation date. NACDS thanks the Kentucky Retail Federation and the Kentucky Pharmacists Association for their work on this issue during and after the passage of SB 50 of the last session. NACDS served on the Medicaid PTAC Committee which recommended this methodology to Medicaid.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
Medicaid is launching a new Medicaid Provider Enrollment Portal in April to screen and enroll all Medicaid providers. The enrollment portal is being designed to meet a Centers for Medicare and Medicaid Services (CMS) requirement and must be used by all Medicaid providers. More information can be found here.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Mississippi
SB.2119, has been signed by Governor Tate Reeves (R). Effective January 1, 2022, the measure amends the statute to authorize pharmacies to sell products that contain pseudoephedrine or ephedrine and requires pharmacies that do to use the NPLEX system before selling those products. This measure also requires pharmacies to maintain an electronic log of information for each transaction and to require that purchasers be at least 18 years old and to show identification. This measure requires these products to be stored behind the counter.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Missouri
NACDS sponsored the Missouri Pharmacists Association’s Day at the Capitol. MPA’s priority bill, HB 834 by Rep. Dale Wright (R) that regulates PBMs, passed the House and is pending referral to a Senate Committee. More information can be found here.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Minnesota
COVID-19 vaccination reimbursement under Medicaid will be at the Medicare rate effective April 1, 2021. HF 1428/SF 1156 successfully passed both chambers and was signed by Gov. Jim Walz (D) on March 31.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Montana
On March 31, 2021, Gov. Greg Gianforte (R) announced a directive to reduce barriers to vaccine administration in pharmacies across Montana. The directive permits pharmacists to use any qualified, licensed health care providers, under their scope of practice, to assist with the administration of COVID-19 vaccines for the remainder of the state of emergency and temporarily waives the current restriction on the number of pharmacy technicians a pharmacist may supervise for the administration of COVID-19 vaccines and associated administrative duties and procedures. The directive is in effect for the remainder of Montana’s state of emergency per Executive Order 2-2021.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Nevada
The Board of Pharmacy published a notice to announce its intentions to amend and adopt regulations under NAC 453 to establish standards for a computerized program to track controlled substance prescriptions. The rule would provide for the development of patient utilization reports and prescriber utilization reports, address the integration of and access to electronic health records, and address periodic board review and law enforcement access to reports.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
North Dakota
SB 2294, increasing the retail sales quantity from 2 grams to 2.4 grams of ephedrine, pseudoephedrine, or phenylpropanolamine base, was signed by Gov. Doug Burgum (R) on March 23, 2021.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Oregon
Effective March 23, the Health Authority adopted a final rule amending regulations as follows:
- Repeals Temporary 333-018-0005 from PH 3-2021 & Amends 333-018-0005: Requires reporting of out-of-state (non-Oregon) cases of COVID-19 to the jurisdictional public health authority of the patient’s residence, rather than to OHA. Housekeeping changes remove outdated reporting language.
- Amends OAR 333-018-0015: Housekeeping changes clarify in all relevant places that “intoxications” are among the illnesses to be reported and removes outdated reporting language, which is no longer applicable.
- Amends OAR 333-018-0016: Requires reporting of positive and negative COVID-19 laboratory reports of tests “waived” in accordance with the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA), whether or not the tests were performed in a laboratory accredited for higher complexity testing.
Also in Oregon, Via a temporary rule effective March 24 and expiring September 19, 2021, the Board of Pharmacy amends regulations under OAR 855-041 to remove the limit of the number of epinephrine devices that may be dispensed to an entity. For COVID-19 vaccines, appropriate medical treatment for severe allergic reactions must be immediately available if an acute anaphylactic reaction occurs following administration of a COVID-19 vaccine.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Texas
NACDS is asking members to call Rep. Stephanie Klick’s office, the Chair of the House Public Health Committee, urging her to schedule a hearing as soon as possible for TX HB 678 by Rep. Phil Cortez (D). Our message is that “there is an urgent need to permanently remove the administrative barriers allowing pharmacists to independently order and administer all immunizations to anyone 3 years of age or older without a prescription. Passing HB 678 will guarantee Texans get much better access to convenient, preventive health care.” Capitol Phone: (512) 463-0599; District Phone: (817) 281-0079 & Public Health Committee Phone: (512) 463-0806
Also in Texas, As the state opens COVID-19 vaccine eligibility to everyone age 16 and older, the Texas Department of State Health Services (DSHS) launched the Texas Public Health Vaccine Scheduler, giving people one place to sign up for a COVID-19 shot through multiple public health departments, including the eight DSHS public health regions, which provide public health services in nearly 200 Texas counties, and more than a dozen local health entities across the state.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
West Virginia
HB 2263, relating to the regulation of PBMs, advances to the desk of Gov. Jim Justice (R) for signature. Both the House of Representatives and the Senate adopted the Joint House and Senate Conference Committee Report and passed the bill. Among the various provisions is language establishing a reimbursement rate floor of NADAC (or WAC, if NADAC is not available) plus a $10.49 professional dispensing fee.
Also in West Virginia, SB 182, legislation enacting the Board of Pharmacy’s emergency rule related to the pharmacist and pharmacy intern authority to immunize, was approved by Gov. Jim Justice (R) on April 1. The emergency rule permits pharmacists and pharmacy interns to administer vaccines to adults listed in the CDC’s Recommended Adult Immunization Schedule as well as to individuals ages 11-17 years of age listed in the CDC’s Recommended Child and Adolescent Schedule according to a prescription and parental consent if there are no contraindications to the vaccine.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Alabama
The Board of Medical Examiners issued a final rule to adopt regulations under AAC 540-X-26 to establish requirements for collaborative practice agreements between physicians and pharmacists. The rule adds requirements for collaborative drug therapy management agreements, standards for physicians, reporting, patient care protocols, and the formulary and is effective April 12, 2021.
Also in Alabama, The Board of Pharmacy issued a final rule to amend regulations under AAC 680-X-2 to further specify the standards and requirements for approval of hospital and non-hospital pharmacy remote or off-site order entry, where prescriptions are filled by remotely accessing another pharmacy’s electronic database from outside the pharmacy. The rule is effective April 12, 2021.
Lastly in Alabama, The Board of Pharmacy also published a proposed rule to amend 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. A hearing is scheduled for April 21, 2021, in Birmingham. Comments to the proposed rule are due April 10, 2021.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Alaska
The Board of Pharmacy published emergency regulations to make permanent 12 AAC 52.110 related to emergency licensure to practice as a pharmacist, pharmacy intern, or pharmacy technician. The emergency rule is effective retroactively to November 19. For more information, please see the March 15, 2021, filing notice which can be found here.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.