Based on member input, NACDS submitted a letter to the Board of Pharmacy commenting favorably on a proposed rule that will allow pharmacy technicians and pharmacy technician trainees to load prepackaged containers previously verified by a pharmacist or manufacturer’s unit of use packages into an automated dispensing system.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
On June 28, the California Legislature passed and the Governor signed into law AB 375, which is sweeping new privacy legislation that will place numerous additional privacy requirements on businesses and give consumers broad, new rights. This legislation, though officially opposed by the business community, was presented by legislators to the industry on June 21 as a “take it or leave it” alternative to the Consumer Privacy Initiative, which would have appeared on the November ballot.
Effective Wednesday, January 1, 2020, the law gives consumers various rights with respect to their personal information collected by businesses—the right to access it, the right to delete it, the right to know what information/categories of information are collected, the right to know whether that information is being sold or shared, the right to stop a business from selling that info and the right to equal service and price. It also contains a private right of action for data breaches and gives enforcement and regulatory powers to the Attorney General.
AB 375 impacts any business with gross annual revenues over $25 million that collects consumers’ personal information. Compliance will consist of new notice and disclosure requirements, privacy policy revisions and limitations on what information can be collected, shared and sold.
Also in California…Gov. Edmund Brown, Jr. (D), announced the re-appointment of public member Ricardo Sanchez, and new appointment of acute care pharmacist Maria Serpa to the Board of Pharmacy.
Also in California…The executive officer of the Board of Pharmacy, Virginia Herold, announced that she will be retiring at the end of the year. Prior to assuming the position in January 2007, she served as assistant executive officer of the Board for 16.5 years and interim executive officer for seven months.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
In response to a request to increase the pharmacy technician-to-pharmacist ratio from 3:1 to 8:1 in pharmacies that do not dispense prescriptions, the Board of Pharmacy agreed to schedule the issue for consideration at a workshop meeting on Thursday, September 6 in Reno.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
SB 1442, legislation sponsored by United Food & Commercial Workers Union that requires no pharmacist to be left alone in a store, was successfully amended recently. As amended, the bill will both refer to “community pharmacy” and include an itemization of exempted entities to make very clear which pharmacies must comply. Redrafted language regarding the bill’s core requirement will read that an employee must be “made available to assist the pharmacist at all times.” This redrafted language was negotiated to ensure that any employee in the store can assist the pharmacist, if needed, and not just a pharmacy technician or pharmacy clerk. The final language exempts the new requirements from the misdemeanor provisions without further specifying remedies, essentially retaining the Board of Pharmacy’s enforcement options while ensuring violations won’t constitute a new crime.
Also in California…AB 2789, legislation by Assemblymember Jim Wood (D) sponsored by the Board of Pharmacy that will require all prescriptions to be transmitted electronically by Saturday, January 1, 2022, was again amended in the Senate Appropriations Committee on July 3.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
On July 10, Gov. John Bel Edwards (D) announced three new appointments and two re-appointments to the 17-member Board of Pharmacy. New appointees include:
Serving another term are Rhonny Valentine, a pharmacist who provides relief work for retail pharmacies, and Blake Pitre, a pharmacist and owner of B&J Pitre Pharmacy.
Also in Louisiana…Ben Orlando, RPh with Brookshire Pharmacy in Monroe was honored as the 2018 Louisiana Chain Pharmacist of the Year at the Louisiana Pharmacists Association’s Annual Meeting held last weekend in Lafayette.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Failing to receive an endorsement from the Democrat Party, Ballot Initiative 146: Healthcare Price Transparency will not be on the November 6 ballot. Similar to legislation (HB18-1358) that Planned Parenthood, chain pharmacy and a broad-based healthcare coalition defeated this past legislative session, this ballot initiative would have required all healthcare providers that receive and treat patients to provide an easily accessible list of prices for each healthcare service offered. The price list would have to be provided in printed form and electronically.
Also in Colorado…In advance of the July 19 Board of Pharmacy meeting, based on member input, NACDS submitted comments on the proposed rule on perpetual inventory. NACDS raised the concern that the language specifying that pharmacies keep a perpetual inventory that includes counts for “outdated” controlled substances could create confusion, so we provided clarifying language.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Gov. Mike Parson (R) signed into law SB 826, with wide ranging provisions impacting community pharmacy. First, the law prohibits initial opioid prescriptions of more than a seven-day supply for acute pain with exceptions. Pharmacies and pharmacists will not be subject to disciplinary action, or civil or criminal liability for refusing to fill a prescription that exceeds the prescribing limits. Second, the law also authorizes consumer drug disposal through various U.S. Drug Enforcement Administration-approved options, but does not mandate pharmacy participation, and the bill preempts local drug disposal ordinances. The law provides that the state government will also develop a drug disposal education and awareness program for consumers. Third, the bill expands pharmacist immunization authority by lowering the patient age from 12 to 7 years for pharmacists to administer vaccines by written protocol and adds viral influenza to the list of allowed vaccines. For pharmacists administering vaccines, the pharmacist shall enter and inform the patient of entry of the vaccination into the ShowMeVax system. Finally, the law prohibits PBMs from charging patients co-pays that are more than the cash price for a drug and prohibits gag clauses.
For more information, contact NACDS’ Joel Kurzman at 847-905-0555.
The Oregon Board of Pharmacy held its first Rules Advisory Committee meeting to consider revisions to proposed rules that would require all supervisors of Oregon pharmacists-in-charge (PICs) to be Oregon-licensed pharmacists and would give PICs carte blanch over the pharmacy operations without regard to company policy. Initial comments will be sent out by the Board staff, with an additional meeting to be scheduled in late July/early August.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
At the request of NACDS and the New York State Pharmacy Coalition, the New York State Department of Health issued the New York State Opioid Annual Assessment Reporting Guidance for pharmacies about how to manage any obligations for opioids that are stored in intracompany distribution centers in the state under the newly created opioid assessment program that was established by the enactment of the Opioid Stewardship Act. The guidance was effective July 1 and reporting requirements are effective on Wednesday, August 1.
Also in New York…This week, Gov. Andrew Cuomo (D) signed S9100, The Drug Take Back Act, into law. The newly enacted law requires certain drug manufacturers to fund a statewide drug take back program to be implemented by pharmacies operating in 10 or more locations. It takes effect in 180 days and 180 days from then the manufacturers are required to submit their drug take back plans to the New York State Department of Health (DOH) for approval. Also, DOH is authorized to begin to develop regulations and other work around implementation prior to the effective date.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.