In The States – Page 231 – Weekly news about states

Massachusetts

Now that the Massachusetts State of Emergency has been lifted, the Department of Public Health has issued several regulatory updates.

Therefore, effective June 30, 2021, the Board will return to the following pre-pandemic requirements:

12 hour workday maximum (247 CMR 6.02(9)(c))
supervisory ratios (247 CMR 8.06(3))
perpetual inventory every 10 days (247 CMR 9.01(14))
compounding copies of commercially available drugs
restocking emergency kits in long term care facilities within 48 hours (105 CMR 150.008(E))
ID requirement for picking up a federally controlled substance or gabapentin prescription (105 CMR 700.012)
- NOTE: ID is not needed to pick up prescriptions for federally scheduled controlled substance in certain circumstances. However, the individual must print his or her name and address on the reverse side of the prescription and sign it. In the case of an electronic prescription, they must provide an electronic signature. Review the Data Submission Dispenser Guide for details.

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.

Michael Silber2021-06-25T09:20:51-04:00June 25, 2021|Massachusetts|

Gov. Mike Parson (R) convened a special session on June 23, 2021, to address extending Medicaid funding for the state because the Legislature adjourned last month prior to passing a renewal of the Federal Reimbursement Allowance (FRA), the tax on health care providers that draws down billions in federal matching dollars to fund the state’s Medicaid budget. To prevent a $1.4B budget gap, lawmakers only have five days to pass legislation to extend the program as the deadline for a balanced state budget is set for July 1, 2021.

Also in Missouri, NACDS is preparing a comment letter objecting to an emergency proposed rule that would add this new definition of usual and customary (“U&C”) for purposes of reimbursement for covered drugs under the state’s Medicaid program. “U&C is defined as the provider’s charge to the general public that reflects all advertised savings, discounts, special promotions, or other programs including membership-based discounts initiated to reduce prices for product costs available to the general public, a special population, or an inclusive category of customers.”

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Michael Silber2021-06-25T09:19:30-04:00June 25, 2021|Missouri|

New Mexico

Below are highlights from the June issue of the New Mexico Board of Pharmacy newsletter. See the newsletter for additional details and more information. 

As some prescribing practitioners are working to implement the electronic prescriptions for controlled substances requirement that was effective April 1, 2021, the Board issued an “Emergency Dispensing Declaration” from April 1, 2021, through June 30, 2021, and it does not intend to take action against a pharmacist who fills a nonelectronic controlled substance prescription not otherwise subject to the exceptions.

Effective June 18, 2021, a healthcare provider may provide a prescription for medical aid in dying to a terminally ill adult who is mentally competent after meeting certain requirements pursuant to HB 47, the Elizabeth Whitefield End-of-Life Options Act
REMINDER: Be Sure to submit Adverse Drug Event reports to the Board within 15 days as required by regulation.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Michael Silber2021-06-25T09:17:19-04:00June 25, 2021|New Mexico|

New York

Gov. Andrew Cuomo (D) announced that the NYS COVID-19 Emergency Declaration expires after June 24, 2021. In response, NACDS sent a letter urging the Governor to recognize the authority of the federal PREP Act to insure a continuity of care for New Yorkers needing COVID vaccinations and tests. As a reminder, today pharmacists have the ability to give COVID-19 vaccines to those aged 12 years and older pursuant to NYSDOH guidance which recognizes this provision in the federal PREP Act. This guidance also speaks to vaccine reporting to NYSIIS/CIR and other related requirements.

In addition, NACDS wrote Gov. Cuomo a letter in support of SB 4807A, legislation which will authorize pharmacists to immunize patients 18 years of age and older for all CDC approved vaccines. The Governor has until December 31, 2021, to sign this proposal into law.

For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.

Michael Silber2021-06-25T09:16:19-04:00June 25, 2021|New York|

North Dakota

Below are highlights from the June issue of the North Dakota Board of Pharmacy newsletter. See the newsletter for additional details and more information.

Signed on March 22, 2021, by Gov. Doug Burgum (R), SB 2221 includes three key provisions including

- lowering the age for immunizations and vaccinations to at least three years of age upon an order from a prescriber or by written protocol with a physicians or nurse practitioner;
- permitting a pharmacist to bill for dispensing a one-time emergency refill of up to a 30-day supply of the prescribed medication under certain conditions and
- defining “public health issues” and establishing limited prescriptive authority through a statewide protocol for public health issues within the pharmacist’s scope of practice with the Board of Pharmacy adopting rules to establish standards of care.

SB 2294, legislation 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. This new law is effective August 1, 2021. The 30-day sales limit remains unchanged.

SB 2279, permitting the Board of Pharmacy to adopt rules to establish requirements to allow a pharmacy technician to administer a drug under the immediate supervision of a pharmacist, was signed on March 25, 2021. The Board is preparing to initiate the rulemaking process to operationalize this for current registered technicians who have completed the requirements and meet the standards the Board outlines.

Please note section on “Immunization and Medication Administration Guidance” that includes the two ways pharmacists and interns may update and maintain “administration authority” on their license.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Michael Silber2021-07-26T09:32:35-04:00June 25, 2021|North Dakota|

Ohio

HB 193, legislation requiring electronic prescribing for Schedule II controlled substances, has been amended and passed unanimously by the House of Representatives. The amendment added language from NACDS’ model legislation that would hold pharmacies harmless when filling legitimate non-electronic prescriptions. The amendment was a result of joint advocacy by NACDS and the Ohio Council of Retail Merchants to align the bill with our model language and the Medicare law. Further action in the Senate is expected in the fall.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

Michael Silber2021-06-25T09:13:27-04:00June 25, 2021|Ohio|

Oregon

Effective June 15, 2021, the Board of Pharmacy amended the following regulations:

OAR 855-007 to allow pharmacists at immunizing clinics to supervise as many state-licensed immunizing interns as they determine will maintain public health and safety during a declared public health emergency. The rule is response to the coronavirus (COVID-19) pandemic.
OAR 855-041 to remove the limit on epinephrine dispensed to an entity to allow maintenance of epinephrine at coronavirus (COVID-19) vaccination locations.
OAR 855-019, -021, -025 and -031 to incorporate cultural competency continuing education requirements for pharmacists, pharmacy technicians and pharmacy interns.
OAR 855-020 to update the statewide drug therapy management protocols in the formulary and protocol compendia.

OAR 855-001 and -041 to revise requirements for inspection of drug outlets, including performance by the Compliance Officer, and for pharmacy records.
OAR 855-110 to revise the late fee expiration dates for licensees and registrants.
OAR 855-080 to ensure clarity, transparency and promote patient safety related to controlled substances.
OAR 855-006 and repeals regulations under OAR 855-050 to remove outdated restrictions on retail drug sales and make a confirming change to incorporate the definition of “prescription drug.”
OAR 855-041 to clarify requirements for pharmacies related to Drug Take Back Programs.

Also in Oregon, on June 15, 2021, Gov. Kate Brown (D) signed HB 2648, removing the existing prescription only requirement for purchases of pseudoephedrine (PSE) containing medications and instituting the National Precursor Log Exchange (NPLEx) in its place. As a result of this newly enacted law, Oregon becomes the 37th state to mandate the use of NPLEx, and no state will require a prescription for the purchase of a Food and Drug Administration (FDA) approved over-the-counter product containing PSE. NACDS acknowledges the efforts of CHPA to support this repeal over the last several years.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Michael Silber2021-06-25T09:11:49-04:00June 25, 2021|Oregon|

South Carolina

Effective July 1, 2021, the South Carolina Department of Health and Human Services’ Program Integrity Unit (PI) announced it will resume onsite visits for provider reviews.

For more information, contact NACDS’ Leigh Knotts at 803-243-7207.

Michael Silber2021-06-25T09:10:38-04:00June 25, 2021|South Carolina|

Tennessee

A proposed rule of the Department of Mental Health and Substance Abuse Services would repeal and readopt regulations under RRT 0940-06-01 to update standards on controlled substances. The rule would include the schedules of controlled substances and lists of certain non-narcotic substances, chemical preparations, prescription products, anabolic steroids and cannabis products that are excluded from the schedules. A hearing is scheduled for August 2, 2021, in Nashville. Comments are due August 12, 2021.

For more information, contact NACDS’ Leigh Knotts at 803-243-7207.

Michael Silber2021-06-25T09:09:46-04:00June 25, 2021|Tennessee|