Texas
The Medicaid Vendor Drug Program (VDP) held a virtual quarterly pharmacy stakeholder meeting on January 17.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Vermont
On January 24, the Board of Pharmacy held its regularly scheduled meeting. The board welcomed new members, elected a new chair, and provided a legislative update. The next meeting is scheduled for February 28 at 9:00 am virtually via Teams.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Washington
In advance of the January 24 House Health and Wellness Committee hearing, NACDS registered in support of HB 2116, legislation expanding prescriptive authority for pharmacists. We also submitted the attached support statement for the record.
Also in Washington, the Pharmacy Quality Assurance Commission (PQAC) is scheduled to meet on February 1. The meeting materials will be available online soon.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Wisconsin
On January 24, Gov. Tony Evers (D) issued a standing order to ensure BadgerCare Plus members have direct access to over–the–counter emergency contraception. The order allows BadgerCare Plus members to get OTC emergency contraception from any Wisconsin Medicaid-enrolled pharmacy under their state coverage without a prescription from their doctor and with no out-of-pocket cost to them.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Arizona
HB 2183 related to parental rights and medical records will be heard in the House Health & Human Service Committee on January 22 and is listed on the agenda. The bill entitles parents with the right to have access to any electronic portal or other health care delivery platform, including written medical records, for their minor child.
Also in Arizona, SB 1085, legislation permitting pharmacists, pursuant to a statewide written protocol, to independently order, perform and interpret CLIA-waived tests and initiate treatment to individuals three years of age and older and who test positive for influenza, Group A streptococcus pharyngitis, SARS-COV2 or any other respiratory illness, condition or disease and a condition related to an emerging or existing public health threat identified by the Department of Health Service for which a standing order rule or executive order is issued, was introduced, read for the first time and assigned to the Senate Health & Human Services Committee. The bill also permits the pharmacist to delegate the administrative and technical tasks of performing a CLIA-waived test to a trained member of the pharmacy staff who is under the supervision of the pharmacist and states a health insurer may not deny reimbursement for these services performed within the scope of the pharmacist’s license and covered by the insurer if performed by a physician, nurse practitioner or physician assistance.
Also in Arizona, HB 2450, legislation adding a pharmacy technician trainee to requirements for work at a remote dispensing site pharmacy, has been introduced.
Finally in Arizona, HB 2582, legislation permitting a pharmacist to enter into a collaborative practice agreement with a certified nurse midwife or physician assistant, was introduced, read for the first time and assigned to the House Health & Human Services Committee.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
California
The Department of Health Care Services posted the following alerts, bulletins, and weekly notices on the Medi-Cal Rx Web Portal.
- Commercial Paxlovid™ Reimbursement and Update on Billing for Pharmacists Prescribing Paxlovid (January 17)
- Medi-Cal Rx Weekly Wrap-up for January 5-11 (January 12)
Also in California, the Department of Health Care Services posted the following:
- December 2023 Pharmacy Medi-Cal Update Bulletin
- January 2024 Durable Medical Equipment and Medi-Cal Update Bulletin
- January 2024 Pharmacy Medi-Cal Update Bulletin
Also in California, the Board of Pharmacy proposed modifications to the following. To view all documents associated with these proposed regulatory actions and other pending regulations, visit the board’s “Pending Regulations” webpage.
- Opioid Antagonist Protocol
- Notice of Proposed Action
- Initial Statement of Reasons
- Proposed Text
- 45-day Comment Period: December 15, 2023 to January 29, 2024
- Continuing Education
- Notice of Proposed Action
- Initial Statement of Reasons
- Proposed Text
- 45-day Comment Period: December 15, 2023 to January 29, 2024
Also in California, the Board of Pharmacy posted its Annual Notice of Availability of Precedential Decisions Index.
NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board), pursuant to section 11425.60 of the Government Code, the Board maintains an index of precedential decisions, which is annually made available by the Board to the public by email subscription. To join the Board’s email list, go to www.pharmacy.ca.gov. The index and the text of the precedent decisions are continuously available on the Board’s website at http://www.pharmacy.ca.gov/enforcement/precedential.shtml.
Also in California, the Board of Pharmacy provided an update to licensees and interested stakeholders regarding the cultural competency continuing education (CE) requirements for pharmacists and pharmacy technicians that become effective on January 1, 2024, pursuant to Assembly Bill 2194 (Ward, Chapter 958, Statutes of 2022).
As pharmacists and pharmacy technicians seek cultural competency CE courses, the Board has received questions about acceptable courses.
Business and Professions Code (BPC) section 4231, as operative on January 1, 2024, details the criteria that a cultural competency course must meet, as follows:
- The course focuses on patients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, or queer, or who question their sexual orientation or gender identity and expression.
- The course is approved by an accreditation agency approved by the Board.
- The course covers recognized health disparities faced by Black, Indigenous, and people of color.
- The course contains elements demonstrating how sexual identity is directly impacted through intersectionality.
The Board does not endorse or recommend any specific cultural competency course. As a courtesy to licensees, however, the Board is notifying licensees of two courses that may meet the above requirements:
- California Pharmacists Association – https://cpha.com/cultural-competency-training/
- California Society of Health-System Pharmacists – – Register for Webinar Here
Finally in California, the Board of Pharmacy posted the agenda and meeting materials for the following committee meetings:
- Communication and Public Education Committee Meeting agenda and meeting materials on January 22
- Licensing Committee Meeting agenda and meeting materials on January 22
- Enforcement and Compounding Committee Meeting agenda on January 23
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Illinois
The Department of Healthcare and Family Services (HFS) is providing this update regarding buprenorphine dosing for pregnant individuals with a substance use disorder (SUD) diagnosis, who, due to growing fetus and maternal weight gain, are likely to require a higher dosage than the usual 24 mg maximum dose.
HFS is working on programming to allow a total daily dose of up to 32 mg of all buprenorphine products (monotherapy as well as combination products with naloxone) for pregnant individuals with SUD without a prior authorization, when both diagnoses (pregnancy and SUD) are noted on the prescription.
These services will be covered under both the fee-for-service (FFS) program and managed care organizations (MCOs) with a target implementation date of February 1, 2024.
Questions regarding this notice may be directed to a pharmacy consultant in the Bureau of Professional and Ancillary Services at 877-782-5565 for FFS claims, or the appropriate MCO plan.
Also in Illinois, Public Act 103-1425, which became effective January 1, 2024, requires prescriptions to be issued electronically unless one or more of a variety of exemptions are met.
Illinois Retail Merchants Association (IRMA) and the Illinois Pharmacists Association (IPhA) are being inundated with complaints from prescribers because paper prescriptions are being denied by pharmacists primarily issued by prescribers who are exempt from having to issue electronically. The complaints are primarily coming from prescribers who will not issue more than 150 prescriptions in the calendar year. In addition to that exemption, below is a summary of the exemptions under the law.
Importantly, any pharmacist who dispenses in good faith based upon a valid prescription that is not prescribed electronically may be exempt from any disciplinary action. A pharmacist is not required to ensure or be responsible for ensuring the prescriber’s compliance, nor may any other entity or organization require a pharmacist to ensure the prescriber’s compliance with that subsection.
IRMA and IPhA have prepared and issued detailed guidance. You are strongly encouraged to distribute or utilize this guidance to ensure pharmacy personnel are fully aware of the exemptions under this law.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Indiana
NACDS is a proud sponsor of the Indiana Pharmacy Associations’ (IPA) annual Legislative Day at the Indiana State House. The advocacy event allows pharmacists, students and pharmacy technicians to educate legislators about the importance of pharmacies as a convenient, accessible community healthcare destination, as well as an opportunity to promote pharmacists and technicians as vital members of the healthcare team.
Also in Indiana, the Family and Social Services Administration’s (FSSA) Indiana Health Coverage Programs (IHCP) issued Bulletin 2023181 updating billing guidance for Novavax COVID-19 vaccinations. The reimbursement is carved out of managed care benefits.
Also in Indiana, all pharmacy groups are strongly supporting SB 192, legislation that would allow pharmacists to administer all Advisory Committee on Immunization Practices (ACIP)-approved vaccines to anyone 11 years of age and older under a physician protocol.
Finally in Indiana, HB 1327, a PBM audit and transparency bill supported by the Employers Group of Indiana, was heard in the House Public Health Committee on January 16.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Iowa
The House Commerce Committee held a hearing on January 18 and recommended passage of HSB 536, related to PBMs. This study bill, proposed by the Department of Insurance and Financial Services, expands the PBM’s duty of good faith and fair dealing to pharmacies. It also prohibits retaliation by a PBM against a pharmacy for exercising its rights or remedy or in cooperation with the commissioner. Also, a PBM is prohibited from assessing, charging or collecting any form of renumeration that passes from any pharmacist, regardless of whether the pharmacist in a pharmacy network. The bill also requires a PBM to update the maximum allowable cost (MAC) list within seven days from the date of an increase of 10 percent more in the NADAC of a prescription drug on the list. Finally, it places additional reporting requirements on PBMs.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.