Michigan
NACDS joined the Michigan Retailers Association to testify in both the House and Senate Committees on Health Policy in support of HB 4217 and SB 248, related to mandatory e-prescribing legislation.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nevada
On June 7, Gov. Steve Sisolak (D) signed into law a bill the Retail Association of Nevada and NACDS promoted mandating that by Friday, January 1, 2021, all controlled substances prescriptions be submitted electronically. Our bill sponsor Assembly Speaker Jason Frierson (D) said, “With the signing of Assembly Bill 310, Nevada now joins the growing number of states that have passed mandatory e-prescribing laws in an effort to combat the opioid crisis.” Frierson added, “Electronic prescribing has proven to be an effective tool for reducing unlawful and fraudulent prescriptions, tracking and monitoring medication regimens, and reigning in doctor shopping.”
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Oklahoma
The Board of Pharmacy requires an annual inventory of all controlled dangerous substances that must be taken between May 1 and July 1, and a copy of this inventory should be included with the pharmacy renewal application and kept on file at the pharmacy for Board inspections.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Texas
The Health and Human Services Commission is seeking applicants to serve on the Medicaid Managed Care Advisory Committee. If interested, review the application letter to find out if you qualify. Complete the Application for Membership to apply to be on the committee. For more information about the committee, visit the website or contact Sarah Melecki.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Virginia
NACDS submitted comments to the Board of Pharmacy related to legislation intending to standardize pharmacy technician training by requiring accredited training and national certification and removing employer-based training as an option. NACDS argued that there are currently at least 65 employer-based programs operating in Virginia and their elimination will create a critical gap on patient care because it will create a shortage in technicians. We requested that the Board advocate for legislation to study whether accredited training and national certification are necessary for all technicians, regardless of practice setting.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Arkansas
The Arkansas Pharmacists Association (APA) Board of Directors announced last week that John Vinson, the chief operating officer, has been promoted to executive vice president and CEO of APA.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
NACDS and the California Retail Association submitted a joint letter to the Assembly Health Committee in support of AB 1803, legislation that delays the implementation of AB 315 (Chapter #905, 2018) and AB 2863 (Chapter #770, 2018) until Wednesday, January 1, 2020. In our letter, we pledged to continue to work with the legislature and the Board of Pharmacy to ensure that patients have receipts showing their cash payments so that they can submit information to their health plan to be applied against their deductibles.
Also in California… AB 1131, legislation that NACDS and the California Retailers Association support requiring comprehensive medication management (CMM) for Medi-Cal patients, passed the Assembly and was referred to the Senate for further action. The bill requires the Department of Health Care Services to establish reimbursement rates and rate billing codes for CMM services provided by a licensed pharmacist.
Also in California… The Board of Pharmacy re-elected all three officers: Victor Law as president, Greg Lippe as vice president and Allen Schaad as treasurer.
Colorado
Gov. Jared Polis (D) signed HB 19-1242, legislation requiring technicians be certified by March 30, 2020. The Board of Pharmacy’s proposed rules codifying the registration process for pharmacy technicians will be discussed at the Monday, June 17 meeting.
Also in Colorado… The Governor signed HB 19-1077, legislation allowing pharmacists to dispense an emergency supply of chronic medications under certain circumstances.
Also in Colorado… The Governor also signed SB 19-227, legislation expanding the Department of Public Health and Environment’s household medication take-back program to include needles and syringes.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kansas
The House of Representatives and Senate overrode Gov. Laura Kelly’s (D) line item veto of funding for K-TRACs (the state’s prescription drug monitoring program). This means the program is no longer solely dependent on possible grant money for funding in the next fiscal year.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Nevada
The legislature adjourned June 3. Prior to adjournment, AB 310, legislation Speaker James Frierson (D) introduced at the request of NACDS and the Retail Association of Nevada mandating electronic prescribing for controlled substances by Friday, January 1, 2021, was sent to Gov. Steve Sisolak (D) for signature.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Mexico
In mid-May, the Human Services Department (HSD) announced its intention to raise certain Medicaid provider payment rates effective Monday, July 1, as part of Gov. Michelle Lujan Grisham’s (D) focus on healthcare. NACDS is seeking comments from chain members by Friday, June 7 on a draft letter outlining our concerns, objecting to the tiered professional dispensing fee and asking that all pharmacies receive the $2 dispensing fee increase under the Centennial Care Program.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
North Carolina
HB 388, sponsored by Rep. Donna McDowell White (R), was signed by Gov. Roy Cooper (D). Effective Tuesday, October 1, this measure stipulates that an immunizing pharmacist may administer serogroup B meningococcal, human papillomavirus and hepatitis A vaccines to persons at least 18 years of age. It also lowers the age for influenza vaccinations to 10 years.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Oklahoma
Gov. Kevin Stitt (R) signed into law SB 848, limiting Schedule II controlled substance prescriptions for acute pain to a seven-day supply.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Texas
The legislature adjourned its biennial session on May 27. Prior to adjournment, the following bills of interest to chain pharmacies were sent to Gov. Greg Abbott (R) to sign into law. The governor has until Sunday, June 16 to decide whether to sign or veto a bill, or let it become law without his signature. Unless otherwise specified, the effective date is Sunday, September 1.
- HB 3284, legislation providing a six-month extension to the September 1, 2019 effective date passed last session that requires both prescribers and dispensers check the PMP for certain controlled substances on or after Sunday, March 1, 2020. The bill also requires veterinarians check the PMP, establishes an advisory committee and compels law enforcement to obtain a subpoena, warrant or other court order to access the PMP.
- HB 3496, legislation NACDS successfully amended excluding non-publicly traded grocery store pharmacies from certain requirements to disclose certain financial information of pharmacy ownership.
- HB 2088, legislation NACDS successfully amended that requires pharmacies, when dispensing Schedule IIs, to provide written notice on how to properly dispose of medications with certain exemptions.
- SB 1056, legislation clarifying that a physician may delegate to a pharmacist the ability to modify the patient’s drug therapy under a physician protocol.
Also in Texas… Other bills of interest to chain pharmacies that have been signed by Gov. Abbott recently include the following:
- HB 3441, legislation ensuring payment parity for pharmacists providing the same service as other providers.
- HB 1757, legislation recognizing pharmacists as providers in the Insurance Code.
Also in Texas… With hurricane season in effect, the Health and Human Services Commission has prepared resources to keep Texans healthy and safe in the event of a natural disaster.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Maryland
The Department of Health, Board of Pharmacy, published the following rules effective May 20, 2019.
- Final rule amends regulations under COMAR 10.34.09 to eliminate the administrative fee for board reviews of pharmacy technician training programs that include a didactic portion identical to an already approved program.
- Final rule amends, adopts and repeals regulations under COMAR 10.34.30 to codify existing policies concerning changes of name, ownership or location for permitted pharmacies and wholesale distributions facilities. The rule also allows the board to close an incomplete application after one year.
- Final rule amends regulations under COMAR 10.34.05 to require pharmacy permit holders to report a significant loss of controlled substances in addition to the requirement to report thefts.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Texas
HB 2174 has been sent to Gov. Greg Abbott (R) for signature. The legislation requires e-prescribing for Schedule II-V controlled substances prescriptions effective January 1, 2021, with exceptions consistent with NACDS’ model legislation. Additionally, for the treatment of acute pain, a practitioner may not issue a prescription for an opioid in an amount that exceeds a 10-day supply or provide for a refill of an opioid.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Iowa
Gov. Kim Reynolds (R) signed into law HF 766, which, among its provisions, includes appropriations for health and human services. The Act codifies pharmacy reimbursement at Average Acquisition Cost (AAC) and establishes a professional dispensing fee of $10.07 for the fiscal year beginning Monday, July 1. Also, this reimbursement methodology serves as a rate floor for Medicaid managed care.
Also in Iowa… The Board of Pharmacy issued a press release to remind pharmacy stakeholders about revised rules for the Prescription Monitoring Program that took effect on May 15. Changes include policies pertaining to reporting elements, delegation and registration. Questions can be directed to Jennifer Tiffany and Sharon Smith.
Also in Iowa… Gov. Reynolds also signed into law SF 563, which requires Pharmacy Benefit Managers (PBMs) to submit an annual report to the Iowa Insurance Commissioner. The report must include information such as the administrative fees collected and rebates received that the PBM does not pass on to its customer health plans.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Kansas
Gov. Laura Kelly (D) vetoed the funding in the state budget bill for KTRACs, the state’s Prescription Drug Monitoring Program. She cited the $705,000 that would be transferred from the Medical Program Fees would have to be backfilled by the State General Fund. The Board of Pharmacy will likely receive a federal grant to cover this expense. If not, the governor will work with the Board of Pharmacy on alternative non-State General Fund options.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Michigan
Kate Massey has been appointed Medicaid Director and will begin serving on Friday, June 7. Her most recent role was chief executive officer of Magellan Complete Care of Virginia. Ms. Massey also has worked in leadership roles for Kaiser Permanente and Amerigroup.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nebraska
Gov. Pete Ricketts (R) signed LB 556 into law pertaining to the Prescription Drug Monitoring Program (PDMP). The law adds new reporting requirements that are specific to the state’s PDMP, which runs through the state’s health information exchange. Although effective May 1, the Nebraska Health Information Initiative (NeHII) and Department of Health and Human Services are allowing additional time for compliance and will continue to use ASAP 4.2 in the meantime. NACDS and the Nebraska Pharmacist Association worked with NeHII to address member concerns throughout the legislative process. Questions can be directed to PDMP Program Director Kevin Borcher at 402-290-2635.
Also in Nebraska… Gov. Ricketts signed into law LB 316 pertaining to Pharmacy Benefit Managers (PBMs) effective April 24. The law prevents a PBM or health plan from prohibiting or penalizing a pharmacist or contracted pharmacy from sharing information regarding a drug’s cost, price or copay, or from discussing or selling a more affordable alternative to a covered individual. Additionally, the law prevents an insurer from requiring a covered individual receiving a drug from paying an amount that exceeds the lesser of the copayment, deductible or coinsurance for such prescription drug or an amount any individual would pay for that medication if paid in cash.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
California
Despite successfully amending AB 1468 to carve pharmacies out of the definition of wholesalers, chain pharmacies submitted a letter to the Senate Appropriations Committee opposing the opioid tax bill because it could increase the cost of opioid medications for patients.
Also in California… Gov. Gavin Newsom (D) announced a statewide tour to launch his “California for All” healthcare proposals expanding Medi-Cal coverage to all eligible undocumented young adults ages 19-25, providing subsidies/monthly discounts to middle-income families, creating a single-purchaser system for prescription drugs and working with Congress to create a federal waiver allowing California to move toward single payer.
Also in California… AB 1803, legislation pharmacies support that would clean up a law that passed last session requiring that when a prescription drug’s purchase price is lower than the patient copayment and the patient chooses to pay cash, the pharmacy must transmit cost information to a health plan or insurer so the cost can be applied to the patient’s deductible, has passed the Assembly and is pending action by the full Senate. This bill delays the effective date of these requirements from January 1, 2019, to Wednesday, January 1, 2020, to allow time to establish a protocol for transmitting this information.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
Gov. Jared Polis (D) is expected to sign into law SB 19-005, legislation requiring the Department of Health Care Policy and Financing to develop a cost savings plan to import prescription medications from Canada by January 1, 2020.
Also in Colorado… HB 19-1242, the Colorado Pharmacists Society’s (CPS) mandatory pharmacy technician certification bill, passed both chambers and was sent to Gov. Jared Polis (D) for signature. Chain pharmacies were successful in clarifying that un-certified support personnel are still allowed in the pharmacy and adding provisions allowing the Board of Pharmacy to determine what additional duties certified technician may perform.
Also in Colorado… SB 19-228 was sent to the governor for signature. Chain pharmacy successfully amended the bill to allow the Board of Pharmacy to develop rules on opioid warning labels. The bill will pay a pharmacy an enhanced dispensing fee if the pharmacy has entered into a collaborative pharmacy practice agreement to administer injectable antagonist medication for medication-assisted treatment (MAT) for substance abuse disorder (SUD) or if a pharmacy dispenses a Schedule II or III opioid to a patient who has not previously received an opioid prescription and the pharmacy provides counseling concerning the risk of opioids to the patient.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kansas
Gov. Laura Kelly (D) signed into law HB 2119, mandating electronic prescribing of Schedule II-IV controlled substances beginning Thursday, July 1, 2021, and permitting a licensed pharmacist to administer an injectable drug in certain situations. Previously, these issues were standalone bills – HB 2389 and HB 2082, respectively.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Maryland
Gov. Larry Hogan (R) has signed HB 316 into law, which will require all healthcare practitioners to report immunizations they administer to Immunet, the state’s vaccine registry. The law was a priority of the Maryland Association of Chain Drug Stores as a precursor to expanding pharmacists’ immunization authority and will be effective Tuesday, October 1.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Montana
Gov. Steve Bullock (D) signed HB 231, expanding immunization services provided by pharmacists to include the administration of vaccines to individuals seven years of age and older as provided by the most recent guidelines by vaccine and age group as published by the Centers for Disease Control and Prevention and under collaborative practice agreements.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.