In The States – Page 262 – Weekly news about states

West Virginia

Gov. Jim Justice (R) recently signed the following bills:

SB 182, legislation making permanent the Board of Pharmacy’s emergency rule related to the pharmacist and pharmacy intern’s authority to immunize adults according to the CDC’s Recommended Adult Immunization Schedule as well as individuals ages 11-17 years of age following the CDC’s Recommended Child and Adolescent Schedule according to a prescription and parental consent, if there are no contraindications to the vaccine, was signed on March 31 and became effective on the date of passage on March 23, 2021.
HB 2263, legislation relating to the regulation of PBMs including establishing a reimbursement rate floor of NADAC (or WAC, if NADAC is not available) plus a $10.64 professional dispensing fee, was signed into law on April 9, 2021, and effective 90 days from passage on June 28, 2021.

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

Michael Silber2021-04-16T09:46:05-04:00April 16, 2021|West Virginia|

The Board of Pharmacy’s emergency rule amends regulations under Chapter 16 to clarify standards for pharmacists to provide immunizations during the COVID-19 public health emergency. The rule removes the definition of “private space” and the requirement that the individual receiving a vaccine be seated in a chair with back support. The rule also adds vaccines approved by the FDA under the Emergency Use Authorization for COVID-19. The rule extends December 9, emergency rule and became effective April 7, and expires August 5, 2021.

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

Michael Silber2021-04-16T09:44:58-04:00April 16, 2021|Wyoming|

Arkansas

In addition to the three bills signed last week, a fourth bill NACDS supported expanding pharmacies’ scope of practice was signed into law. HB 1246/Act 503 allows pharmacists to screen and prescribe medications for flu and strep under a written statewide protocol approved by the Board of Pharmacy and Medicine.

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

Michael Silber2021-04-09T10:09:57-04:00April 9, 2021|Arkansas|

California

NACDS and the California Retailers Association (CRA) submitted a joint letter to the Assembly Business & Professions Committee to register our “oppose unless amended” position on AB 1430, legislation requiring pharmacies to dispense Schedule II prescription drugs in lockable vials. NACDS requested the bill be amended to be voluntary and to remove the onerous administrative requirements (i.e. maintaining patients’ combination codes for locking-cap closure mechanisms). The bill also fails to extend the same liability protection against failure of a particular lockable vial to prevent unauthorized access and/or a particular patient’s inability to access medication in a lockable via that is otherwise afforded to prescribers under the bill; we requested his omission must be remedied.

Also in California, NACDS and CRA submitted a letter to the California Senate Appropriations Committee opposing SB 362 due to the fiscal pressure on the state created by new enforcement costs for the Board of Pharmacy. This is in addition to a similar recent joint letter to the California Senate Business, Professions & Economic Development Committee voicing opposition to this bill which would prohibit community pharmacies from utilizing metrics to evaluate the performance of employees. While SB 362 may be well-intentioned, it contains ambiguous and onerous requirements that are impossible for pharmacies to meet and may ultimately threaten access to pharmacy services and jeopardize patient safety.

Also in California, SB 409, legislation permitting pharmacists to perform SARS-CoV-2 and influenza testing and adding pharmacist-in-charge in the definition of a laboratory director, passed the Senate and was read for the first time in the Assembly.

Also in California, the Department of Consumer Affairs (DCA) issued the following waivers via authority under Governor Gavin Newsom’s Executive Orders N-39-20. A list of current waivers is available on the DCA website.

Also in California, due to the delayed Go Live date for Medi-Cal Rx, the following events have been postponed. Also, the Department of Health Care Services (DHCS) anticipates providing further information about the Medi-Cal Rx implementation in May.

The April 14 public forum is being postponed. The next scheduled Medi-Cal Rx public forum is May 19 via webinar. Information will be posted on the DHCS website. For questions or comments related to Medi-Cal Rx, please email RxCarveOut@dhcs.ca.gov.
The March 22 Medi-Cal Rx Advisory Workgroup meeting was postponed. The next scheduled meeting for this workgroup is May 28 via webinar. These sessions are intended to help facilitate and further inform DHCS’s ongoing efforts to implement pharmacy services improvements through Medi-Cal Rx. Information on how to participate in the next webinar will be provided on the DHCS website.

Also in California, on April 7, 2021, the DHCS posted this Provider Registration and FAQs bulletin on the Medi-Cal Rx Web Portal.

Lastly in California, the Board of Pharmacy is beginning the development of its new strategic plan and is seeking stakeholder feedback. The Department of Consumer Affairs, SOLID Planning Solutions (SOLID), is assisting the Board with its strategic planning process. Completed surveys will provide input as to how the Board is doing by identifying strengths, challenges, and current trends to consider for the future direction of the Board. All responses are anonymous. This survey will be open until April 30, 2021.

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

Michael Silber2021-04-09T10:07:27-04:00April 9, 2021|California|

Georgia

Three pieces of legislation in Georgia have passed both Chambers and are on the way to Governor Kemp for signature. HB316 moves the number of pharmacy technicians a pharmacist may supervise from 3:1 to 4:1. SB46 allows Georgia pharmacists to administer any adult ACIP approved vaccine under a vaccine protocol agreement with a physician. HB653 will statutorily allow Georgia pharmacists to order, administer, and interpret COVID-19 tests for up to twelve months after the expiration of the Federal State of Emergency.

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

Michael Silber2021-04-09T10:05:30-04:00April 9, 2021|Georgia|

Maryland

HB 1040, legislation that would mirror pharmacists’ federal authority to provide childhood vaccines to children age 3 years and older effective July 1, 2021 thru June 30, 2023, has passed both Chambers and is on its way to Gov. Larry Hogan (R) for signature. The bill was sponsored by Del. Ariana Kelly (D) and also requires the Department of Health to complete a study of pharmacist-administered childhood vaccines by Dec. 1, 2022.

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

Michael Silber2021-04-09T10:04:18-04:00April 9, 2021|Maryland|

Iowa

NACDS participated in the Iowa Department of Human Services (DHS) – Iowa Medicaid Enterprise (IME) Pharmacy Groups Quarterly Meeting to share information about COVID-19 vaccinations and explore pharmacist payment for other vaccinations under the medical benefit where all providers are paid the same rates and future IME policy changes related to automatic refills and pharmacist scope of practice that will be announced in upcoming Informational Letters. NACDS and the Iowa Pharmacists Association have scheduled a follow-up call to discuss opportunities to expand pharmacist payment for services.

Also in Iowa, the DHS IME’s adopted and filed rule establishing pharmacy policies and procedures for Medicaid coverage and reimbursement of prescription drug refills through an automatic refill program, rather than prohibiting such a program, which became effective March 1. Requirements allowing this may also be found here. This information will be updated in the next Informational Letter released and in the next Provider Manual update.

Also in Iowa, the Board of Pharmacy announced guidance on pharmacy operations under an April 2, 2021, renewed governor’s proclamation of a disaster emergency due to the coronavirus (COVID-19) pandemic. The guidance addresses the practice of pharmacy on an inactive or expired license or technician trainee registration, continuing education requirements, license and registration renewal, practicing with a license from another state, and criminal background check requirements.

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

Michael Silber2021-04-09T10:03:13-04:00April 9, 2021|Iowa|

Louisiana

Medicaid is launching a new Medicaid Provider Enrollment Portal in April to screen and enroll all Medicaid providers. The enrollment portal is being designed to meet a Centers for Medicare and Medicaid Services (CMS) requirement and must be used by all Medicaid providers. More information can be found here.

Also in Louisiana, the legislature convenes its budget session Monday, April 12, 2021.

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

Michael Silber2021-04-09T10:01:51-04:00April 9, 2021|Louisiana|

Missouri

NACDS sponsored the Missouri Pharmacists Association’s Day at the Capitol. MPA’s priority bill, HB 834 by Rep. Dale Wright (R) that regulates PBMs, passed the House and was referred to the Senate Government Accountability and Fiscal Oversight Committee rather than the Senate Health Committee. More information can be found here.

Also in Missouri, the Board of Pharmacy issued a final rule effective May 30, 2021, that allows additional time to fulfill prescription transfer requests from parties other than the patient. The rule requires transfer requests to be completed in a timely manner and ensures no interruption in patient therapy.

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

Michael Silber2021-04-09T10:00:39-04:00April 9, 2021|Missouri|