West Virginia
Effective April 2, pharmacists can administer the human papillomavirus (HPV) vaccine to adults by protocol, and the influenza and HPV vaccines to adolescents between 11 and 18 years old by prescription, under a Board of Pharmacy rule that was given final approval by the General Assembly prior to the adjournment of the 2018 Legislative Session.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Wisconsin
The Pharmacy Society of Wisconsin announced resources to assist pharmacists to comply with the new law requiring pseudoephedrine products be tracked electronically through the National Precursor Log Exchange (NPLEx) effective Friday, June 1. PSW created a guide to the law and a training guide for using the internet portal.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Florida
On February 7, 2018, the Board of Pharmacy proposed a change to rule 64B16-27.630 to add Meningococcal B (MedB) and Zoster Vaccine Recombinant, Adjuvanted. The final rule is effective Thursday, April 12, 2018.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Illinois
In the wake of new counties being added to the Medicaid Managed Care program (HealthChoice Illinois) effective April 1, the Illinois Pharmacists Association (IPhA) is in regular contact with the Department of Health and Family Services about challenges with patient transitions from fee-for-service to managed care. IPhA indicates that pharmacies having unresolved issues with Medicaid recipients can email IPhA. Please include the Recipient Identification Number (RIN), which MCO (not PBM) and any relevant notes. To file a complaint so that it is on the record, visit the HFS webpage and complete Illinois’ Medicaid Managed Care Organization (MCO) Provider Complaint Form. IPhA also encourages Medicaid recipients who need to enroll or call HealthChoice Illinois with questions to call 877-912-8880 (TTY: 1-866-565-8576) Monday to Friday from 8:00 AM to 7:00 PM.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Iowa
The Board of Pharmacy announced, effective Wednesday, May 16, that dispensers will be required to report to the Prescription Monitoring Program by the next business day following dispensing. Questions can be directed to Jennifer Tiffany at 515-242-5139.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Kansas
Gov. Jeff Colyer (R) signed into law SB 351, the Kansas Pharmacy Patients Fair Practices Act. The new law states that a pharmacy or pharmacist shall have the right to cost transparency and pricing transparency, and that a pharmacist may discuss lower-cost prescription alternatives with a consumer.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Michigan
Gov. Rick Snyder (R) signed HB 5678 into law on April 2 with immediate effect, delaying implementation of last year’s legislation that stated, beginning March 31, 2018, a prescriber must not prescribe a Schedule II through V controlled substance unless the prescriber is in a bona fide prescriber-patient relationship with the patient. Under this law, the Department of Health and Human Services (DHHS) is required to promulgate rules defining what constitutes a “bona fide prescriber-patient relationship.” Per HB 5678, the implementation date is now Sunday, March 31, 2019. However, if rules are promulgated by DHHS before that date, the effective date will be the date in which the rules are finalized.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Ohio
On April 4, the Department of Insurance issued Bulletin 2018-02, prohibiting insurers and Pharmacy Benefit Managers from:
- Prohibiting any person, directly or indirectly, from informing, by any means, an individual about less expensive ways to purchase prescription drugs that may also be available under any insurance policy or benefit plan.
- Requiring cost-sharing in an amount, or directing a pharmacy to collect cost-sharing in an amount, greater than the amount an individual would pay for the prescription drug if the drug were purchased without coverage under a health benefit plan.
The bulletin was effective upon release.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
South Dakota
The Board of Pharmacy has put the newest version of its Pharmacy Law Bookon its website.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Wisconsin
SB 575, legislation allowing pharmacists to substitute interchangeable biologic drugs and establishing guidelines for notification, has been signed by Gov. Scott Walker (R) with an effective date of March 30. For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Also in Wisconsin… Gov. Walker signed into law AB 681, which will require minors to have a prescription to purchase products containing dextromethorphan, effective Monday, April 1, 2019.
Also in Wisconsin… the Pharmacy Examining Board announced its adopted rules updating standards for sterile and nonsterile compounding to align with USP Chapters <795> and <797> effective Thursday, November 1, 2018.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
Arizona
Gov. Doug Ducey (R) signed into law HB 2633 amending the Opioid Law enacted earlier this year during a Special Session. The newly enacted law eliminates the need for pharmacists to verify with the prescriber when a prescription exceeds the state limit for Scheduled II controlled substances containing opioids, eliminates pharmacists having to confirm with the prescriber and the Board of Pharmacy if a prescriber has received a waiver and allows the Board of Pharmacy to waive redcap requirements if it’s not feasible because of specific dosage form or type of packaging.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Colorado
HB 18-1279, mandatory e-prescribing legislation NACDS and a broad coalition support, was heard in the House Health, Insurance and Environment Committee on March 29.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Florida
HB 351, sponsored by Rep. David Santiago (R), was signed by Gov. Rick Scott (R) on March 23. Effective Sunday, July 1, contracts with a PBM shall prohibit the limitation of a pharmacy’s or pharmacist’s ability to substitute a less expensive, generically equivalent drug or to disclose whether a subscriber’s cost-sharing obligation exceeds the retail price for a covered prescription drug and availability of a more affordable alternative drug. Additionally, effective Tuesday, January 1, 2019, PBMs are required to register with the Office of Insurance Regulation and pay a registration fee and a renewal fee every two years from the date of initial certification, both of which shall not exceed $500 and are non-refundable. The Office must issue a registration certificate upon receipt of a completed registration form and adopt rules.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Kentucky
SB 6, a bill that originally would have required pharmacies and practitioners to distribute or sell drug sequestration or deactivation products with every controlled substance prescription, was significantly amended in the House Health and Family Services Committee, subsequently passed both chambers and will be sent to the Governor for signing. The compromise amendment makes it optional for pharmacies to sell or distribute the drug disposal products. However, it requires pharmacies and practitioners to inform patients filling certain controlled substances with information on safe drug disposal methods either verbally, in written format or through signage. The bill also contains graded penalties for pharmacies and practitioners who violate the law, starting at $25 for a first offense. The bill encourages manufacturers of the drug disposal technologies to enter into consignment-reimbursement contracts with pharmacies to stock their products. The Legislature is currently scheduled to adjourn sine die on Saturday, April 14, and the law would be effective 90 days after sine die. NACDS supported the on-the-ground efforts of the Kentucky Retail Federation to amend this bill.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Pennsylvania
HB 1800, legislation related to pharmacists performing medication synchronization, has been introduced with 43 co-sponsors. The bill, sponsored by Rep. Eric Nelson (R), requires insurers to allow partial fills, prorates copays and requires a full dispensing fee. Committee consideration of this legislation, an initiative of the Pennsylvania Association of Chain Drug Stores, is anticipated this spring.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
West Virginia
HB 4524, legislation allowing pharmacists to substitute interchangeable biologic drugs and establishes guidelines for notification, has been signed by Gov. Jim Justice (R) with an effective date of Friday, June 8.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Arkansas
As a result of the special session convened last week, Gov. Asa Hutchinson (R) signed into law a PBM licensure bill that grants power to the state’s Insurance Department to regulate how PBMs operate in the state.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Florida
The legislature adjourned last week. Of note, HB 21, sponsored by Rep. Jim Boyd (R), was signed by Gov. Rick Scott (R) on March 20. Included in the many provisions of the bill, effective, Sunday, July 1, specific to controlled substances, the bill requires the dispenser check the identification of unknown persons prior to dispensing. Additionally, the bill imposes a three-day supply limit with an exception for a seven-day supply if certain criteria are met, and requires that the prescriber or dispenser must consult the prescription drug monitoring system to review a patient’s controlled substance dispensing history before prescribing or dispensing a controlled substance for a patient age 16 years or older. This requirement does not apply when prescribing or dispensing a nonopioid controlled substance listed in Schedule V in Federal Regulations.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Indiana
The General Assembly adjourned the 2018 Legislative Session on March 14. Two bills related to opioids that were of concern to pharmacy did not advance. SB 338 would have required the Department of Health to establish a statewide drug takeback program. The bill did not receive a committee hearing. SB 339, which was reported from committee, but not taken up by the full Senate, would have mandated that pharmacists dispense all Schedule II controlled substances in lockable vials. NACDS supported the Indiana Retail Council’s efforts to represent pharmacies’ concerns with both proposals.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
The Department of Health (LDH) announced that Mercer will be conducting a mandatory cost of dispensing survey in mid-April 2018.
Also in Louisiana…LDH is hosting public forums across the state to solicit input on the Medicaid Managed Care program adopted in 2012.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Mississippi
SB 2296, sponsored by Sen. Dean Kirby(R), was signed by Gov. Phil Bryant (R) on March 5. Effective Tuesday, January 1, 2019, this bill requires any health plan that provides coverage for prescription drugs to permit and apply a pro-rated daily cost-sharing rate to prescriptions dispensed by a network pharmacy for a partial supply if the prescribing provider or pharmacist determines the fill or refill is in the best interest of the enrollee and the enrollee requests or agrees to a partial supply. The bill also prohibits health plans from denying coverage for partial fills as authorized by the measure and prohibits pro-rated dispensing fees.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Washington
Engrossed Substitute—ESHB 1047—has been signed by Gov. Jay Inslee (D), creating a statewide, voluntary, drug take-back program, funded by manufacturers. The newly enacted legislation also includes local pre-emption and sunsets in 2029.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
West Virginia
The West Virginia Legislature adjourned last week, with several bills of interest to pharmacy headed to the Governor’s desk for signature:
- HB 4079 authorized a bundle of pharmacy rules, including those related to the Controlled Substance Monitoring Program, pharmacy technician registration, the Uniform Controlled Substances Act, immunizations and centralized and remote prescription processing. This bill was effective on March 9, the date of its passage.
- HB 4524 establishes guidelines for the substitution of biologic drugs
- HB 4025 allows reciprocity for pharmacy technician licensure.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
California
NACDS and the California Retailers Association are seeking clarification from the Board of Pharmacy on inventory reconciliation reporting requirements scheduled to be implemented on Sunday, April 1.
Also in California…EZIZ is the e-learning and resource website for California’s VFC (Vaccines for Children) Program. It offers an online toolkit with information and resources for pharmacists providing immunization services. The website is operated by the California Department of Public Health and includes a Pharmacy Resources webpage. The link is also on the Vaccinations webpage at the Board of Pharmacy website.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
Both the Assembly and the Senate reacted this week to the governor’s budget proposal that would impose a tax on opioids sold in the state. Although characterized as a tax on manufacturers, the proposal would in many cases be a tax on pharmacy since it would require that the establishment that makes the first sale of the product in New York to pay the tax with no ability to pass it on. Given that pharmacies often make the first sale, this proposal would greatly impact pharmacies. Fortunately, while the Assembly’s budget proposal does retain the governor’s opioid tax, it specifies that for calculating the first sale for tax purposes, the state cannot include any sales to pharmacies. The Senate budget proposal totally eliminates the tax proposal. This issue will now go to a conference of the Assembly, Senate and the governor’s office to be resolved before the Sunday, April 1 budget deadline.
Also in New York…After a year of discussions with Medicaid staff, numerous meetings with legislative leadership and key Administration staff, as part of the New York State budget proposal, the Governor recommended an eight-cent increase in the Medicaid fee-for-service professional dispensing fee raising the fee from $10.00 to $10.08. This week, both the Assembly and the Senate concurred with the increase.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.