South Dakota
Gov. Dennis Daugaard (R ) signed into law SB 75 on February 8 pertaining to the substitution of interchangeable biosimilars with various options for pharmacists to communicate the product dispensed.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
New York
Gov. Andrew Cuomo (D) announced he is advancing a 30-day budget amendment that would codify an Executive Order temporarily allowing pharmacists to administer flu vaccines to children ages two to 18 years. If enacted, this legislation would permanently suspend the section of the state education law that limits the authority of pharmacists to administer immunizing agents to anyone under 18 years of age. The budget amendment also includes language to encourage pharmacies to enroll in the New York State Vaccines for Children Program, which provides vaccines to children and individuals regardless of their ability to pay.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Wisconsin
NACDS sponsored and attended the Pharmacy Society of Wisconsin’s Legislative Day on February 8. A primary focus was support for companion bills, AB 680 and SB 576, which would give pharmacists independent authority to provide vaccines listed on the Centers for Disease Control and Prevention Advisory Committee on Immunization Practice’s (ACIP) recommended vaccine schedules for anyone 6 years of age and older; allow pharmacists to provide vaccines not currently recommended by ACIP pursuant to a prescription, standing order or protocol for anyone 6 years of age and older; and allow pharmacists to provide vaccines to children younger than 6 years of age pursuant to a prescription.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Maryland
The Senate Finance Committee held a hearing on SB 13, legislation that would require pharmacies to report dispensing information on all drugs to the state’s Health Information Exchange. The Maryland Association of Chain Drug Stores and the Maryland Pharmacists Association testified in opposition to the bill, citing the lack of input by pharmacy previous to the bill being filed. Following that testimony, the Committee adopted a motion directing the Maryland Health Care Commission to further explore the concept through stakeholder’s workgroup meetings.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Arizona
Gov. Doug Ducey (R) called a special session on January 22 to address the state’s opioid abuse crisis. On January 26, the Governor signed into law SB 1001 that rapidly moved through the legislature. Among the various pharmacy provisions in the bill are requirements for pharmacists to check the prescription drug monitoring program database for all new opioid prescriptions and to place a red cap and adhere a warning label to a prescription vial containing an opioid product. The warning label will be developed via Board of Pharmacy regulations. Beginning January 1, 2019, there will be requirements for e-prescribing of Schedule II controlled substances prescription phased in based upon population in a county with all counties in compliance by July 1, 2019.
Indiana
The Senate Committee on Civil Law reported out an amended version of SB 339, sponsored by Sen. James Merritt (R). As proposed, the bill would have required that a pharmacy dispense all Schedule II controlled substances in a lockable vial. The amended bill would require a pharmacist to offer patients the option of receiving their prescriptions in lockable vials. NACDS is supporting the on-the-ground efforts of the Indiana Retail Council to oppose this bill, which is now eligible for consideration by the full Senate.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
New York
Gov. Andrew Cuomo (D) issued an emergency order which allows pharmacists to administer flu vaccines to children ages two to 18 years. Subsequently, NACDS worked with the Chain Pharmacy Association of New York State and the New York State Department of Health (DOH) on implementation concerns. Over the weekend, Howard Zucker, Commissioner of DOH, signed a statewide, non-patient specific order for licensed pharmacists with a certificate of administration issued by the New York State Education Department to vaccinate patients ages two years to 18 years against seasonal influenza.
Also in New York…NACDS and the Chain Pharmacy Association of New York State met with state Medicaid staff and were advised that the changes to Medicaid fee-for-service pharmacy reimbursement using NADAC plus a $10.00 professional dispensing fee will be implemented effective Thursday, February 22, on a prospective basis. Staff do not yet know when retroactive adjustments to April 1, 2017, will be made.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Oklahoma
The Board of Pharmacy and the Department of Mental Health and Substance Abuse Services are offering two free continuing education offerings for a full day conference on The Opioid Epidemic: What Pharmacists Need to Know. To register for either the Friday, March 9 meeting at the University of Oklahoma Tulsa-Schusterman Center Perkins Auditorium or the Friday, March 30 meeting at Moore Norman Technology Center South Penn Campus, contact lharrison@pharmacy.ok.gov.
Pennsylvania
SB 542, legislation that would allow a pharmacist to dispense up to a 30-day supply of medication as an emergency refill, passed both chambers unanimously and has been sent to Gov. Tom Wolf (D) for his signature. The bill amends the current statute which only allowed a 72-hour supply to be dispensed.
Washington
NACDS submitted a letter to the members of the Washington State House of Representatives Health Care and Wellness Committee in support of the State Department of Health’s legislation removing a burdensome, antiquated requirement that all e-prescribing systems be approved by the Pharmacy Quality Assurance Commission, formerly the Board of Pharmacy.
Michigan
The Department of Licensing and Regulatory Affairs filed Administrative Rules with the Office of the Great Seal to create a standing order for dispensing opioid antagonists that was effective January 23.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Iowa
The Department of Human Services (DHS) issued an Informational Letter with details about its upcoming cost of dispensing survey. As in previous years, NACDS submitted feedback to DHS about the survey instrument. Surveys will be mailed Tuesday, February 6 with a due date of Friday, March 30.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
New York
NACDS joined the New York State pharmacy associations in a Medicaid meeting to discuss details of the Governor’s budget proposal. New details include that the Medicaid Managed Care Medication Adherence provision would allow managed care plans to consider—not mandate—medication synchronization. Of high interest is a new proposal to institute an opioid surcharge of two cents per morphine milligram equivalent on the first sale of opioid prescriptions in the state. At the meeting, the state confirmed that they would target pharmacies as the first sale in the state. The state anticipates this will generate $170 million the first year of implementation. The stated goal of the surcharge is to prevent opioid addiction and prescribing. The budget will be completed by Sunday, April 1.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
North Carolina
Medicaid reached out to the North Carolina Retail Merchants Association regarding reports that numerous pharmacies in the western part of the state are reporting little or no inventory of brand name Tamiflu (which is a preferred product on the North Carolina Medicaid Preferred Drug List). The Department has confirmed with Roche that there is no market shortage of brand name Tamiflu and other wholesalers also confirmed there was plenty of inventory with more on the way. Please contact your store operations professionals to check your Tamiflu inventory. North Carolina Medicaid would appreciate any assistance you may be able to provide to make sure your pharmacies throughout North Carolina have adequate inventory of brand name Tamiflu for North Carolina Medicaid beneficiaries.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Arizona
Gov. Doug Ducey (R) called for a special session in January to combat the opioid crisis. The Arizona Department of Health Services has developed 12 policy recommendations to address the opioid crisis, including “requiring” e-prescribing, ending dispensing of controlled substances by prescribers, and requiring pharmacists to check the prescription drug monitoring program prior to dispensing.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
Pharmacy laws passed by the legislature and signed by Gov. Jerry Brown (D) that took effect January 1, 2018, are available on the Board of Pharmacy’s website in Pharmacy Law Changes for 2018 under the “Popular Pages” heading. The online Law Book under “Popular Pages” also has been updated with new laws for 2018.
Also in California…A new pharmacy provider Self-Attestation Claim Volume Process for Medi-Cal fee-for-service started in mid-January and will continue through the end of February. The Department of Health Care Services (DHCS) is implementing a new fee-for-service reimbursement methodology for covered outpatient drugs. Part of this new methodology is a two-tiered professional dispensing fee based on a pharmacy provider’s total (Medi-Cal and non-Medi-Cal) annual pharmacy claim volume ($13.20 if less than 90,000 claims per year; $10.05 if 90,000 or more). Reporting the claim volume is a self-attestation process, which will be submitted electronically. Pharmacy providers seeking the higher of two professional dispensing fees as part of the forthcoming reimbursement changes for covered outpatient drugs should either refer to the Pharmacy Provider Self-Attestation FAQs or call the Telephone Service Center at 1-800-541-5555.
Colorado
The Legislature convened its 2018 legislative session on January 10.
New Mexico
The Legislature convened its 30-day fiscal only legislative session on January 16. For the first time in years, the state has a budget surplus.
Louisiana
Effective January 16, the Department of Health renewed a standing order for naloxone allowing participating pharmacists to dispense naloxone to laypeople including caregivers and family and friends of an opioid user.
Also in Louisiana…Effective January 1, 2018, the final rule of the Department of Health, Board of Pharmacy, amended regulations under LAC 46.LIII, Chapter 9 to require pharmacy technician candidates to demonstrate proof of enrollment in a training program to qualify for the candidate registration was adopted. The rule also requires the training program selected by the candidate to be accredited by a national accreditation organization approved by the board. In addition, the rule requires applicants to demonstrate successful completion of a nationally accredited training program and makes technical changes regarding continuing education records and the scope of practice. Finally, the rule allows for additional board-approved technician certification examinations, clarifies terminations of enrollment, deletes a notification requirement for training programs and revises practical experience requirements for candidates enrolled in training programs.
Idaho
The state legislature unanimously approved the Board of Pharmacy’s rule re-write eliminating over half the Pharmacy Practice Act word count, almost three quarters of the restrictions on practice, and reducing the Act to just six categories of licensure.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Oklahoma
In a letter to Speaker of the House of Representatives Charles McCall (R), a growing coalition of stakeholders urged support for legislation that would mandate e-prescribing. The letter also refutes several erroneous claims made recently by the President of the Association of American Physicians and Surgeons.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Texas
Beginning January 9, the Health and Human Services Commission limited the daily morphine equivalent dose (MED) that people enrolled in Medicaid fee-for-service may receive to 300 MED, and will be applied to all opioid prescriptions for all clients, with exceptions for people diagnosed with cancer or those receiving palliative or hospice care.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
The Board of Pharmacy, University of California, San Francisco School of Pharmacy and U.S. Drug Enforcement Administration are hosting an educational forum on Saturday, January 27 in San Francisco to train pharmacists on drug diversion trends, pharmacy burglaries, prescription drug abuse and overdose prevention. Pharmacists will receive six hours of continuing education credit for attending the day-long event, plus an additional hour can be earned at the end of the day to meet the requirements of the pharmacist protocol to provide naloxone. Space is limited, and preregistration is strongly encouraged. To register, email your full name and license number to registration@dca.ca.gov.
Also in California…The Board of Pharmacy has added an additional Public Board Meeting on Thursday, January 11 and published a Notice of Meeting Agenda.
Also in California…In a letter sent in December, NACDS, in partnership with the California Retailers Association and the California Pharmacists Association, continues to press the Department of Health Care Services to implement Assembly Bill 1114 (2016, Eggman) to pay pharmacists for providing certain healthcare services.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Colorado
In January 22, the Board of Pharmacy will be seeking stakeholder input on the following proposed draft rules to regulate the practice of pharmacy.
- Rule 5.01.40 and 5.01.50—The purpose of these proposed amendments is to address the minimum hourly operations and security requirements for a pharmacy when a pharmacy does not possess prescription drug or controlled substance stocks.
- Rule 6.00.00—The purpose of these proposed amendments is to address drug therapy management and how this practice may correlate with collaborative pharmacy practice.
- Rule 17.00.00 and Appendix A—The purpose of these proposed amendments is to address collaborative pharmacy practice and how this practice may correlate with drug therapy management.
- Rule 20.00.00—The purpose of the proposed amendments is to allow a fulfillment pharmacy to deliver a prescription directly to the patient in lieu of returning the filled prescription to the originating pharmacy for dispensing to the patient of non-controlled substances.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Connecticut
NACDS and the Connecticut Association of Community Pharmacy met with Rodrick Marriott, Director, Connecticut Department of Consumer Protection, Drug Control Division, to discuss the January 1, 2018 launch of mandatory e-prescribing for controlled substances Schedules II through V prescriptions. Subsequently, the Drug Control Division published an FAQ that included a statement noting that “a pharmacist is NOT required to verify that a prescriber has a waiver from the requirement to electronically prescribe, or properly falls under one of the other exceptions from the requirement to electronically prescribe. Pharmacists may continue to dispense medications from otherwise valid written, oral, or fax prescriptions that are consistent with current laws and regulations.”
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.