North Dakota
Gov. Doug Burgum (R) signed into law SB 2231 effective Thursday, August 1. The law allows pharmacists to initiate/modify drug therapy pursuant to established protocols, authorizes a pharmacist to furnish different types of medications, and eliminates some of the administrative requirements for collaborative practice agreements.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
New York
New York met its April 1 deadline for completion of its 2019-20 state budget. The final budget included a rejection of an across-the-board reduction in Medicaid claims totaling $380 million in combined federal and state dollars and included the elimination of spread pricing for Medicaid Managed Care plans. It did not include an expansion of the pharmacy technician ratio that was supported by NACDS. A $100 million opioid excise tax on drug manufacturers and wholesalers was also included. NACDS and the Community Pharmacy Association of New York State worked diligently to reject this tax citing that this would really be a tax on patients and pharmacies. NACDS is coordinating a legal review of the new tax law with the Healthcare Distribution Alliance to identify potential legal challenges, if any, to the new law.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Nevada
AB 310, legislation introduced by Speaker of the House Jason Frierson (D) mandating e-prescribing for all controlled substances by Friday, January 1, 2021, was heard in the Senate Business and Commerce Committee last week.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New Mexico
Gov. Michelle Lujan Grisham (D) signed into law SB 221, legislation that will permit pharmacists and other healthcare providers who prescribe an opioid analgesic for a patient to co-prescribe an opioid antagonist if the amount of opioid analgesic being prescribed is at least a five-day supply effective Tuesday, June 4.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Montana
SB 322, legislation creating a $5 million endorsement fee and endorsement license on wholesalers distributing opioids into the state, has failed to gain a majority vote in committee and failed an attempt to pull the bill directly to the floor. The bill is now considered dead for the 2019 Legislative Session.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Mississippi
Effective April 1, the Division of Medicaid (DOM) updated its Voluntary 90-Day Drug Maintenance List for prescribing/pharmacy providers. This list is a resource to help clinicians manage a Medicaid beneficiary’s monthly prescription drug limit, unless clinically contraindicated.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Indiana
A bill requiring the e-prescribing of controlled substances has passed both chambers and will soon be on Gov. Eric Holcomb’s (R) desk for signature. SB 176, sponsored by pharmacist Sen. Ron Grooms (R), was amended in the House Health Committee to include e-prescribing language similar to the NACDS model language, and both chambers subsequently passed the bill unanimously. NACDS supported the on-the-ground efforts of the Indiana Retail Council to advance this critical bill.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
California
Last week, the Department of Health Care Services (DHCS) Medi-Cal hosted a webinar to provide pharmacy stakeholders with more information on the rollout of the retroactive claim adjustments for the dates of service — April 1, 2017 through February 23, 2019, which was the date DHCS began implementing the new fee-for-service (FFS) reimbursement methodology.
Also in California… Gov. Gavin Newsom (D) appointed practicing pediatrician and director of health and social impact for Los Angeles County, Mark Ghaly, as Secretary of Health and Human Services Agency (CHHS) to help lead the administration’s efforts to advance the Governor’s healthcare agenda, including proposals to lower prescription drug costs, provide coverage to young undocumented adults through Medi-Cal and help put California on a path toward single-payer health care.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arkansas
Gov. Asa Hutchinson (R) signed into law two bills NACDS supported. HB 1278 (Act 652 of 2019) will allow pharmacists to vaccinate anyone 7 years of age and older without a prescription, and HB 1269 (Act 637 of 2019) will allow the substitution of interchangeable biosimilars. Note that under Arkansas law, these new laws will become effective 90 days upon adjournment of the legislature. The Legislature will recess on Thursday, April 12, and return three weeks later to address outstanding issues so they can officially adjourn in early May, thus making the effective date of these new laws in early August.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Arizona
Arizona Gov. Doug Ducey (R) has signed into law HB 2075, which delays the implementation of e-prescribing from January 1, 2019 to January 1, 2020. In addition, the bill removes previous law that phased in e-prescribing by county population. The new law enacts e-prescribing for all controlled substances beginning Wednesday, January 1, 2020.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
West Virginia
Gov. Jim Justice (R) has signed SB 369, legislation that amends the state’s generic substitution law to update pricing to reflect current substitution practices, removing the need for a “pass through” for covered individuals. The law will be effective Thursday, June 6. NACDS thanks in-state partners and other industry advocates for leading the advocacy efforts on-the-ground.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
North Dakota
Gov. Doug Burgum (R) signed into law HB 1498 effective Monday, August 1. This bill revises the current law that allows pharmacists to administer drugs by eliminating language specifying the prescribing practitioner type who can authorize pharmacist administration pursuant to an order; more broadly allowing for the provision of drugs to patients pursuant to a written order; and modifying the education requirements for pharmacists who provide these services, eliminating the requirement for 20 hours minimum education, six hours  of continuing education and education on how to educate patients on the need for immunizations.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Kentucky
HB 342, legislation that would require all controlled substance prescriptions to be e-prescribed, has been signed by Gov. Matt Bevin (R) after passing both Chambers unanimously. The law will be effective Friday, January 1, 2021, and contains exceptions similar to those in NACDS’ model language. NACDS thanks the Kentucky Retail Federation for its on-the-ground efforts to support this legislation.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Idaho
Gov. Brad Little (R) signed into law HB 182 (Session Law Chapter 141) that eliminates the requirement that pharmacist’s prescriptive authority for specific drugs, drug categories or devices has to be granted through the Board of Pharmacy’s rulemaking authority.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
The Philadelphia Department of Public Health recently published a letter and FAQ reminding all city pharmacies that as of January 1, 2019, they were required to stock two doses of naloxone. The requirements are the result of an Ordinance that was adopted in November 2018. Additionally, the Ordinance requires pharmacies to post signage indicating that naloxone is available. For additional information, contact dph.opioid@phila.gov.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Kentucky
Legislation requiring all controlled substances to be prescribed electronically has also advanced in Kentucky. HB 342, sponsored by pharmacist Rep. Steve Sheldon (R), passed both chambers and is currently on Gov. Matt Bevin’s (R) desk for his signature. The bill contains exemptions similar to NACDS’ model language and would be effective January 1, 2021. NACDS appreciates the on-the-ground efforts of the Kentucky Retail Association on this important bill.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Indiana
The House Health Committee unanimously voted last week to amend e-prescribing language into SB 176. The bill would require all controlled substance prescriptions to be transmitted electronically effective January 1, 2021. The bill contains similar exceptions to NACDS’ model language. Additionally, the amended bill contains language requiring a summer study of e-prescribing for all prescriptions. NACDS continues to support the on-the-ground efforts of the Indiana Retail Council to advance it.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
West Virginia
Last week, the House of Delegates passed SB 369, legislation that updates the state’s generic dispensing law to clarify that when a pharmacist substitutes a generic drug for a brand name drug, the patient pays only the cost of the substituted drug. The legislation would not apply to an individual who has insurance coverage. It is now eligible to be sent to Gov. Jim Justice (R) for signature.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
South Dakota
Gov. Kristi Noem (R) signed into law HB 1137 effective Monday, July 1. Among its provisions, the measure prohibits pharmacy benefit managers from collecting cost-sharing in a great amount than the covered individual would pay for the drug. It also prohibits pharmacy benefit managers from retroactively adjusting a pharmacy claim unless it is a result of an audit or a technical billing error.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Nebraska
Gov. Pete Ricketts (R) signed into law LB 442, facilitating medication synchronization, a priority issue for NACDS’ members
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Missouri
On March 6, NACDS testified at the Senate Seniors, Families and Children Committee in support of SB 262, legislation that would require e-prescribing of all drugs consistent with NACDS’ model legislation. Discussion continues among legislators and other concerned stakeholders about potential amendments.
Kentucky
HB 342, legislation that would require all controlled substance prescriptions to be e-prescribed, passed the House of Representatives. The bill was subsequently referred to the Senate Health and Welfare Committee, was amended with a clarification to one of the exemptions, was favorably reported and referred to the Senate Rules Committee.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Iowa
Gov. Kim Reynolds(R) appointed Kathy Stone, PharmD, and Dane Nealson, CPhT, to the Board of Pharmacy. Dane Nealson is the first technician to serve on the Board. Lawyer Joan Skogstrom was also reappointed.
Also in Iowa, the Board of Pharmacy delayed the effective date for its final rulesamending minimum requirements for participation in statewide protocols. The rules are now effective Wednesday, May 15.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Arkansas
SB 174, legislation NACDS promoted, mandating e-prescribing of controlled substance prescriptions, was signed into law by Gov. Asa Hutchinson (R) and is now Act 447.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wyoming
On February 28, Gov. Mark Gordon (R) signed into law SF 47, requiring mandatory e-prescribing of controlled substance prescriptions on and after Friday, January 1, 2021, and including provisions to permit the Board of Pharmacy to provide exemptions from the requirements for emergencies and technical failures by rule and regulation. Among the various provisions, this newly enacted law also includes continuing education requirements for prescribers and pharmacists. Pharmacists who are registered to dispense controlled substances will be required to complete one hour of CE every two years related to the responsible prescribing of controlled substances or the treatment of substance abuse disorders.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.