Utah
HB 132 (3rd Substitute), permitting pharmacists or pharmacy interns to engage in therapeutic substitution pursuant to a request or consent by a patient, passed the Senate and is eligible to be sent to Gov. Spencer Cox (R).
Also in Utah, HB 425 (1st Substitute), legislation related to PBM and health insurance reforms, passed the House Business and Labor Committee. The bill includes provisions related to pharmacy network requirements for health benefit plans, modified requirements for pharmacy audits and pharmaceutical manufacturer rebates applied at the point of sale.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Vermont
On February 28, the Board of Pharmacy will be holding its regularly scheduled meeting at 9:00 am. The agenda has been posted.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Washington
E2SSB 5213, PBM reform legislation pharmacy supports, continues to advance. The bill passed the Senate and was referred to the House Health and Wellness Committee where it passed on February 21 by a vote of 11-6.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wyoming
HB 173, legislation related to the inclusion of retail pharmacies as in-network providers, failed a vote to be introduced. In an even-numbered year, bills in Wyoming must pass a vote in order to be formally introduced.
Also in Wyoming, SF 0100, legislation related to prompt payment of clean pharmacy claims, passed the Senate Committee of the Whole (COW) on February 21.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Arizona
NACDS submitted a letter to the Senate Finance and Commerce Committee in support of SB 1165, expanding PBM reforms in the state. The bill would prohibit PBMs from deploying discriminatory reimbursement practices that favor pharmacies affiliated with and under common control of the PBM over other, non-affiliated, network pharmacy providers. Additionally, the bill also includes provisions that would strengthen the state’s existing laws for audits conducted by PBMs, preventing PBMs from engaging in audit practices that penalize pharmacy providers for clerical or administrative issues on claims for covered medications that otherwise are payable.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
The Department of Health Care Services posted the following alerts:
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Colorado
Legislation pharmacies are supporting, HB 24-1045, which includes language in Sections 7 and 8 on pharmacy treatment and payment for substance use disorders (SUDs) is scheduled for a hearing on February 20 in the House Health and Human Services Committee.
Also in Colorado, the Colorado Pharmacists Society's (CPS) Pharmacy Day at the Capitol is February 28.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Indiana
The Family and Social Services Administration's (FSSA) Health Coverage Programs (IHCP) provided pharmacy updates approved by the Drug Utilization Board.
Also in Indiana, SB 192, legislation allowing a pharmacist to administer any immunization that is recommended by the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices (ACIP) under a drug order, a prescription or a physician protocol, died in the House Appropriations Committee. Current law restricts the types of vaccines that can be administered under a physician protocol.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kansas
HB 2747, legislation that would allow pharmacists to provide HIV post-exposure prophylaxis (PEP), was referred to the House Committee on Health and Human Services.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Kentucky
A bill that would apply many of the PBM reforms adopted in Medicaid to commercial and state employees’ plans has been introduced. SB 188 is sponsored by Sen. Max Wise (R), a longtime advocate of PBM reform. A few of the provisions included in this comprehensive bill include: a NADAC and Medicaid Dispensing Fee rate floor, anti-steering and anti-mandatory mail order language, a broad definition of specialty pharmacy and a formula to determine network adequacy.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Louisiana
The Department of Health's (LDH) Informational Bulletin 24-3 providing Medicaid immunization fee schedule updates has been posted.
Also in Louisiana, providers who bill for medically necessary services for specialized mental health and substance use services for dual eligibles for Medicaid enrollees should follow the process detailed in LDH's Informational Bulletin 15-17.
Also in Louisiana, LDH's Informational Bulletin 24-2 provides the American Society of Addiction Medicine (ASAM) criteria updates for adult substance use services.
Finally in Louisiana, the agenda for the February 21 Board of Pharmacy meeting should be available on the website soon.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Maine
On February 12, the Department of Health and Human Services updated its standing order regarding COVID-19 at home tests. The Standing Order authorizes licensed pharmacists to create a prescription for the over-the-counter (OTC) COVID-19 at home tests for eligible MaineCare members.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
Nebraska
The Drug Utilization Review (DUR) Board posted the DUR Board Meeting Minutes from November 14, 2023. The next DUR Board Meeting will be held virtually on May 7.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New Mexico
The Legislature adjourned its 30-day session on February 15.
Also in New Mexico, HB 165, legislation increasing the Medicaid Managed Care professional dispensing fee for independent pharmacies only, unanimously passed both houses and was sent to Gov. Michelle Lujan-Grisham (D) for signature. Members are urged to contact the Governor to urge her to veto the bill.
Also in New Mexico, HB 33, the Prescription Drug Transparency Act, was also sent to the Governor to sign into law.
Finally in New Mexico, the Governor has until March 6 to sign bills into law. Any legislation not acted upon by the governor is pocket vetoed.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
New York
NYRx, the New York State Medicaid Pharmacy Benefit Program, announced an update to its Brand Less Than Generic program (BLTG). Advair HFA® and Advair Diskus® are subject to the NYRx BLTG. In December 2023, due to market availability issues, NYRx temporarily allowed for generic Advair HFA® and Diskus® to adjudicate without prior authorization (PA) if the brand product was not available from the pharmacy’s wholesaler. The manufacturer has confirmed that Advair HFA and Diskus supply issues have resolved, and pharmacies will be able to obtain the supply needed for their NYRx members. Effective February 28, fluticasone/salmeterol HFA and Diskus (generic Advair) will once again require PA.
Also in New York, in conformance with State Education Law, a pharmacist shall dispense a less expensive, therapeutically equivalent drug containing the same active ingredients, dosage form and strength as the drug prescribed/ordered. This includes substituting the brand name drug when NYRx has determined it to be the less expensive alternative for the patient. Brand name drugs included in this program:
- Do not require “Dispense as Written” (DAW) or “Brand Medically Necessary” on the prescription.
- Have a generic copayment.
- Are paid at the Brand Name Drug reimbursement rate or usual and customary price, whichever is lower (SMAC/FUL are not applied).
- Do not require a new prescription if the drug is removed from this program.
Also in New York, Sen. Jeremy Cooney (D) introduced a bill, S8545, that authorizes registered pharmacy technicians to administer the same immunizations as licensed pharmacists under direct supervision of such licensed pharmacist. NACDS, in conjunction with the Community Pharmacy Association of New York State, will continue to support the bill and encourage passage this session.
Finally in New York, Gov. Kathy Hochul (D) signed S8096, a bill that relates to the effective date of the self-administered hormonal contraceptive prescribing authority for pharmacists. The new law changes the effective date of the 2023 law from eighteen months from enactment to January 1, 2024.
For more information, please contact NACDS’ Mike Sargent at 207-272-6435.
North Carolina
North Carolina Drug Control Unit issued an FAQ for dispensing professionals on reporting Gabapentin to the Controlled Substance Reporting System (CSRS) effective March 1. Pharmacists with additional questions should contact the Drug Control Unit. Note that based on a North Carolina Retail Merchants Association amendment, pharmacies are not required to report gabapentin to the CSRS when gabapentin is a component of a compounded prescription that is dispensed in dosages of 100 milligrams or less.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Oregon
The Board of Pharmacy posted a revised February 21 Public Health & Pharmacy Formulary Advisory Committee (PHPFAC) meeting agenda.
Also in Oregon, in advance of its February 21 meeting to review a pre-selected list of prescription drugs deemed eligible for affordability review, NACDS submitted comments to the Prescription Drug Affordability Board to express concern with the inclusion of vaccines. Additionally, NACDS expressed concern that there may be a significant impact on the availability and accessibility of certain prescription drugs at a patient's neighborhood pharmacy through the unintended consequences of inadequate and unfair pharmacy reimbursement by some payers resulting from the establishment of Upper Payment Limit (UPL) policies.
Also in Oregon, the Prescription Drug Affordability Board posted the agenda for its next meeting on February 21. Ozempic, Trulicity and Shingrix are listed on the agenda for affordability review. Please register in advance of the meeting.
Finally in Oregon, the Prescription Drug Affordability Board is seeking applicants with a background in clinical medicine or healthcare economics to fill vacancies. The board consists of eight members appointed by the governor and confirmed by the Senate. Members participate in monthly board meetings held virtually via Zoom. The purpose of the board is to protect Oregonians from the high cost of prescription drugs. Submit applications in Workday. Learn more in this information letter.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Pennsylvania
The Department of Human Services has released the much-anticipated Medical Assistance Bulletin for the new pharmacy payment for clinical services program which will launch on March 1.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
South Carolina
Beginning this week, having started on February 12, the South Carolina Pharmacy Association’s Professional Affairs Task Force asks that pharmacists track how many hours worked per week for the next four weeks. A survey will be sent out at the end of those four weeks to determine how many hours they were scheduled to work, how many hours were actually worked, the time paid for and how their well-being is based on those results. Please expect the survey during the second week of March. For all questions, please email info@scrx.org.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
Pharmacy technicians who have taken the American Pharmacists Association immunization certificate training program may notice that certificates are set to expire three years after course completion. The Board of Pharmacy has yet to approve rules allowing pharmacy technicians to vaccinate. Under current authority through the PREP Act, technicians must complete two hours of immunization-related continuing education in the licensing period but do not need to retake an immunization training course.
Also in Tennessee, the Department of Health (TDH) issued a news release reminding Tennesseans to "protect themselves and their loved ones against the worst symptoms of viral respiratory illnesses, from the common cold to influenza." TDH urges the public to consult trusted health providers to find the best vaccination options.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
The Prescription Monitoring Program (PMP) Advisory Committee Zoom meeting is scheduled for March 28. Additional information will be posted on the website as it becomes available.
Also in Texas, the Health and Humans Services Commission (HHSC) provided information on two diabetes programs:
- Healthy Eating Active Living (HEAL) is a program at The University of Texas in Houston that educates pregnant women and women with children about living a healthier lifestyle for them and their children. Moms participate in weekly cooking classes, exercise classes, support groups and a bag filled with fresh fruits and vegetables along with healthy recipes.
- Texas Research-to-Policy Collaboration (TX RPC) project by the Michael and Susan Dell Center for Healthy Living aims to improve the health of Texans by "using Texas research, data and resources to assist legislators in developing effective health policies". TX RCP supports Texas legislators by providing state-level data and research on current health issues, and by establishing partnerships between researchers and state policymakers.
Finally in Texas, the Statewide Health Coordinating Council, appointed by Gov. Greg Abbott (R) and administratively linked to the Department of State Health Services (DSHS), will hold its next meeting on February 29 and posted its agenda.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Utah
The Board of Pharmacy posted the February 2024 newsletter with the following items:
- Required Electronic CS [Controlled Substances] Prescriptions
- What You Need to Know About the Pharmacy Technician Trainee License
- Reminder: Common Violations with Utah Pharmacy Inspections
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Virginia
Karen Shelton, MD, Virginia State Health Commissioner, distributed a clinician letter this week updating practitioners on several issues including:
- Increase in Mpox Cases in Virginia
- Stay Alert for Measles
- Doxycycline Post-Exposure Prophylaxis for Bacterial Sexually Transmitted Infection Prevention
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Washington
Several bills of interest to pharmacies passed their house of origin before the February 13 crossover deadline, and now must pass the policy committee by February 21.
- E2SSB 5213, legislation addressing PBMs' predatory practices, is scheduled for a hearing in the House Health Care and Wellness Committee (HHCWC) at 1:30 pm on February 20.
- SB 5982 updates vaccine laws to include all FDA-approved immunizations recommended by the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices (ACIP) was heard in the HHCWC on February 14 and is scheduled for an Executive Session on February 16.
- ESB 6095, a bill that establishes clear authority for the Secretary of Health to issue standing orders, is scheduled for a hearing in the HHCWC on February 16.
Also in Washington, members interested in registering support for these bills should use this link.
Finally in Washington, the second Washington State Pharmacy Association's Pharmacy Legislative Day at the Capitol, sponsored by NACDS, is on February 19.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Alabama
Members should make plans to attend this workgroup meeting either in person at the Board of Pharmacy office or virtually. The meeting will delve into Alabama Administrative Code 680-X-2-.14, which defines the roles and duties of pharmacy technicians within the healthcare system. Plan to participate in the discussion and share ideas, as this will have big implications for the profession in the state.
February 19, 2024, 6:30 pm
Alabama Board of Pharmacy
111 Village Street
Hoover, AL 35242
or virtually: https://albop.com/board-meetings/
Also in Alabama, the Alabama Pharmacy Association is currently accepting nominations for the chain designated seat on the Board of Pharmacy. Please submit nominations to Louise Jones by email at LJones@aparx.org or by fax to 334-271-5423. All nominations must include the name, place of employment and contact information for both the nominee and nominator. All nominations must be received no later than March 31.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.