Minnesota
On November 3 NACDS and the Minnesota Retailers Association will co-host a virtual discussion concerning legislation that would give pharmacists the authority to prescribe HIV preexposure and postexposure prophylaxis. If you would like to join the discussion, please email Jill McCormack for meeting sign in information.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Nebraska
The Dept. of Health and Human Services has posted the DUR Board November 9, 2021, meeting agenda and DUR Policy Statements (as of July 2021); see links below.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New Jersey
The New Jersey Board of Pharmacy proposed to adopt regulations under NJAC 13:39-1 to require pharmacy permit holders and registered pharmacists-in-charge to implement a continuous quality improvement program to prevent prescription errors.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
New York
The NYS Department of Health (NYSDOH) has initiated its Statewide Formulary for Opioid Dependence Agents and Opioid Antagonists. In a meeting this week with the New York State pharmacy community, the department recognized that there still are some issues with supply and Medicaid Managed Care plans, including pharmacy reimbursement concerns. NYSDOH mentioned a concern about a general lack of awareness by bench pharmacists of this change and strongly urged all pharmacies to send the DOH update to all pharmacy staff.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
North Carolina
Governor Roy Cooper (D) has issued Executive Order 236, which was introduced to amend Executive Orders 130, 139, and 193 and extend Executive Order 152 as well as waive regulations to expedite the administration of COVID-19 vaccines. The new order removes licensing requirements for medical personnel for assisting with vaccine administration and directs the State Health Director to continue all programs that have been previously implemented for the purpose of disease prevention, protection, reporting, and detection. This order extends the order to require the State Health Director to issue statewide standing orders needed to facilitate COVID-19 vaccination and testing, as well as administer monoclonal antibody treatment. This order is effective immediately and will expire on January 5, 2022.
Also in North Carolina, the next Board of Pharmacy election is scheduled to begin November 1, 2021 and North Carolina pharmacists will vote to fill two positions. Voting coincides with the license renewal period and will run from November 1, 2021 through March 1, 2022. All pharmacists actively licensed and living in North Carolina at the start of the election will be eligible to vote for both districts. The winners of this election will begin their terms on May 1, 2022. Below is the link to the bios of the candidates in the two districts.
http://www.ncbop.org/election2021WesternDistrictCandidates.html
http://www.ncbop.org/election2021NorthernDistrictCandidates.html
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Oklahoma
The Board of Pharmacy published its October 2021 Newsletter and a clarification of Article 21.53.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Ohio
The Ohio Department of Health (ODM) has published provider guidance regarding administering the Pfizer COVID-19 vaccine to children. Additionally, Providers who were unable to attend the Oct. 19 webinar about ordering pediatric COVID-19 vaccine can view the presentation COVID-19 Vaccine: Pediatric Vaccine Overview and How to Order Doses Through VOMS.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Tennessee
The Tennessee Department of Health is now accepting applications for the position of Executive Director of the Tennessee Board of Pharmacy. Interested pharmacists should apply by the closing date of November 2, 2021. For more information CLICK HERE and search for “pharmacy board director”.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
Despite the efforts of NACDS, the Texas Federation of Drug Stores (TFDS), the Texas Pharmacy Business Council (TPBC) and other stakeholders to ensure $2.5M in funding for the Texas Board of Pharmacy’s Prescription Monitoring Drug Program’s NarxCare and clinical alerts in SB 8, Rep. John Raney’s (R) amendment we supported was stripped out of the Appropriations bill that passed on the final day of the third special session that ended on Tuesday, October 19th.
Also in Texas, on November 2nd, the Board of Pharmacy will convene in-person to consider final adoption of proposed rules that would create two new classes of pharmacy, Class A-N, for community pharmacies compounding certain non-sterile preparations, and Class A-SN designation for community pharmacies compounding both sterile and non-sterile preparations.
Finally in Texas, the Health and Human Services Commission (HHSC) is seeking stakeholder comments on the agency’s funding needs for their 2023 legislative appropriations budget request. Recommendations must be emailed to CFOStakeholderFeedback@hhs.texas.gov by November 19th.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Vermont
Effective 10/14/21, pharmacies may submit claims for administration of a booster dose of the Pfizer-BioNTech COVID-19 vaccine for dates of service on or after September 10, 2021. The Department of Vermont Health Access issued an updated guidance reminds pharmacies for any additional questions please contact the Healthcare Pharmacy Help Desk at 1-844-679-5362.
Also in Vermont, Governor Scott (R) signed a proclamation recognizing October as Pharmacists’ Month.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Arkansas
Gov. Asa Hutchinson (R) continues to work with legislative leaders to forge a consensus on income tax reductions before convening a special session this month. Pharmacies are advocating that the Governor include in his list of clean up items a repeal of the insulin rebate law (Act 1104) passed earlier this year.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
California
Gov. Gavin Newsom (D) signed the following bills:
- AB 1064 (Chapter 655), authorizing a pharmacist to independently initiate and administer any vaccine that has been approved or authorized by the FDA and received an ACIP individual vaccine recommendation published by the CDC for persons 3 years of age and older and
- AB 1533 (Chapter 629), extending the operation of the Board of Pharmacy until January 1, 2026. It also requires the Board to convene a workgroup to discuss whether moving to a standard of care enforcement model would be feasible and make recommendations to the Legislature about the outcome of these discussions through a report submitted to the Legislature; authorizes a pharmacist to initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority and authorizes a pharmacist to provide MAT pursuant to a state protocol; and authorizes an advanced practice pharmacist to initiate, adjust, or discontinue drug therapy without specifying the manner of such actions. Finally, it allows the Board to fine chain community pharmacy companies up to $100,000 for three or more repeated violations within five years, or a maximum of $150,000 for violations demonstrated to be the result of a written policy or which was expressly encouraged by the common owner or manager. In California, a chain community pharmacy is defined as a chain of 75 or more stores under the same ownership.
Also in California, the Board of Pharmacy has posted the following agendas and meeting materials for committee meetings on October 20:
- Enforcement and Compounding Committee Meeting Agenda and Meeting Materials
- Licensing Committee Meeting Agenda and Meeting Materials
Also in California, NACDS and the California Retailers Association worked with Magellan and the Department of Health Care Services (DHCS) to conduct an informational webinar on October 13 for chain pharmacies to learn about the important elements related to implementation of Medi-Cal Rx (start date of January 1, 2022). The presentation is currently available and an audio recording will be available soon. If your company would like to schedule its own training, please contact NACDS’ Sandra Guckian at 703-774-4801 or sguckian@nacds.org, and we will connect you directly to Magellan and DHCS to schedule the training.
Also in California, the Department of Health Care Services (DHCS) is working toward full Assumption of Operations (AOO) of all pharmacy services on January 1, 2022, to Medi-Cal Rx. DHCS will transfer previously established Electronic Fund Transfer (EFT) account information from the existing Medi-Cal fee-for-service Fiscal Intermediary to Medi-Cal Rx. If a pharmacy does not wish to have their EFT account information transferred to Medi-Cal Rx, there is an “opt out” option available until close of business on November 8, 2021. Pharmacy Providers may also provide new or modified EFT account information. Details are available in the “Medi-Cal Rx Pharmacy Providers Electronic Fund Transfer Set Up and Opt Out provider bulletin.
Finally in California, the Board of Pharmacy amended and reissued several waivers related to staffing ratio and supervision associated with immunization-related activities. These will expire March 31, 2022, or until 30 days after the emergency declaration is lifted, whichever is sooner.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Florida
The Agency for Health Care Administration (Agency) announced a CME learning opportunity free of cost for eligible providers. The Agency aims to reduce the impact of substance use disorders in Florida by increasing the capacity of health care providers to screen, briefly intervene, and refer to treatment (SBIRT) individuals with substance use disorder. In this online CME program, providers will learn how to use SBIRT in their daily practices. This learning event particularly emphasizes SBIRT practice tips in the evaluation and management of pregnant women. The CME is available to providers online from the University of Florida at the following link.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Iowa
The Board of Pharmacy announced it is seeking pre-Notice comments on its draft statewide protocol for pharmacists to test and treat patients for COVID-19. Comments may be submitted through October 22 to Sue Mears at sue.mears@iowa.gov.
Also in Iowa, the Board of Pharmacy alerted licensees and registrants about recent activities by individuals posing as employees of the Board, DEA and FDA.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Louisiana
Effective October 1st, the Department of Health’s (LDH) Medicaid Fee for Service (FFS) Pharmacy Program and Managed Care Organizations (MCOs), in consultation with the Drug Utilization Review (DUR) Board, began implementing quantity limits for select medications at the Point of Sale (POS): Asthma/COPD Bronchodilator, Anticholinergic (COPD) – Inhalation Agents; Proton Pump Inhibitors (PPIs); Pulmonary Arterial Hypertension (PAH) Agents; Tasimelteon (Hetlioz LQ™) [a Sedative Hypnotic];Vericiguat (Verquvo®) in Heart Disease, Hyperlipidemia – Vasodilators, Coronary. LA FFS-MCO Qty Limits
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Maryland
The following laws that passed in the 2021 Legislative session went into effect on October 1:
- HB 429 This law allows therapeutic substitution under certain circumstances. It requires a pharmacist, or the pharmacist’s designee, to inform a consumer of the availability of a therapeutically equivalent brand name drug that is the lowest cost alternative to the originally prescribed drug or device and the cost difference between the equivalent drug or device and the prescribed drug for cash paying customers only. It does not apply to prescriptions reimbursed by a third-party payor. Also requires the pharmacy to provide written notice, or to maintain a record that indicates a patient was notified in writing or orally, that the generic product is equivalent to the brand name product.
- SB 298 This law requires an owner of a pharmacy to provide notice of the closing of the pharmacy at least 14 days prior to the anticipated closing of the pharmacy, It also requires the notice to indicate the name of the pharmacy where customer prescriptions and records will transferred, and that a customer may request that their prescriptions and records be sent to another pharmacy. The Board of Pharmacy will have to promulgate regulation on this law.
For more information, contact NACDS’ Jill McCormack at 717-592-8977.
Michigan
At the June quarterly Michigan Medicaid pharmacy provider liaison meeting, companies asked that Medicaid provide each of their corporate staff a list of claims for their respective stores tied to Medicaid errors that may have caused processing errors regarding cost share responsibility. They wanted their corporate staff to reprocess the claims for the stores and determine if there are any issues with the claims. Michigan Medicaid staff is looking for the most appropriate contact for each company. Medicaid is looking for each company to email a list of their pharmacy NPIs to MDHHSPharmacyServices@michigan.gov.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Missouri
The Department of Social Services MO HealthNet Division is implementing new edits effective October 21st requiring Medicaid participants to receive a 90-day supply select medications.
Also in Missouri, prescribers of controlled substances for MO HealthNet (Medicaid) participants are required to check the Prescription Drug Monitoring Program (PDMP) prior to prescribing a controlled substance starting on October 1, 2021. The FAQ is available under Frequently Updated Documents and is titled Prescription Drug Monitoring Program (PDMP) FAQ.
Finally in Missouri, the Board of Pharmacy is holding a virtual meeting on October 19 and 20 MO BOP Virtual Meeting.
For more information, contact NACDS’ Mary Staples at 817-442-1155.
Nebraska
On October 13, Gov. Pete Ricketts (R) signed Executive Order No. 21-15 — Further Health Care Workforce Capacity, including language waiving “Neb. Rev. Stat. § 38-2866.01 and its implementing regulations… to permit pharmacists to have any number of pharmacist interns and pharmacy technicians under their supervision insofar as they determine it necessary within their professional discretion when administering vaccinations…”. It took immediate effect and will remain in effect until December 31, 2021.
Also in Nebraska, the Department of Health and Human Services (DHHS) announced the next weekly COVID-19 Medicaid Provider call will take place on October 20 at noon (Central).
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
New York
The New York State Department of Health has updated its policy and billing guidance document regarding Medicaid’s reimbursement policy for the administration of COVID-19 vaccines authorized for emergency use and instructions for providers to bill the cost of administration of authorized COVID-19 vaccines.
Also in New York, the NYS Education Department has proposed changes to the Pharmacist Licensure Examination, Licensure by Endorsement and a new Requirement for Three Continuing Education Hours in Compounding per Licensure Period for Pharmacists. The Board of Regents is looking to adopt these changes in December to take effect January 1, 2022.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
Oklahoma
The Board of Pharmacy issued this alert: “Please be aware that there have been several Pharmacy Burglaries (Nighttime Break-Ins) recently. Please be alert to any suspicious activities. The DEA 106 Forms for theft/loss of CDS must be reported to the DEA, OBNDD and OSBP. OBNDD is requesting that the pharmacies fax the DEA 106 Forms for Burglaries to: Attention: Cynthia Perez, Criminal Intelligence Analyst, Oklahoma Bureau of Narcotics and Dangerous Drugs – Fax 405-530-7619. Make sure that you include the Police Report and provide Surveillance Video if available. Please make sure that your alarm systems are working properly and consider enhancing your security systems as well.”
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
Oregon
The Board of Pharmacy has posted the agenda for the October 27, 2021 CE Rules Advisory Committee meeting.
For more information, contact NACDS’ Sandra Guckian at 703-774-4801.
South Carolina
Register for the SCPhA Virtual Fall Pharmacy Night happening on October 28th @ 7pm! There will be an overview of the pharmacy landscape after COVID-19. Registration link.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Tennessee
TennCare has made several changes to the Preferred Drug List (PDL) effective October 1, as they continue the process of reviewing all covered drug classes.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.
Texas
Gov. Greg Abbott (R) issued an Executive Order this week banning COVID-19 vaccine mandates for employees or customers. Any entity that fails to comply could receive up to a $1,000 fine. This state order conflicts with President Biden’s (D) order mandating that companies with federal contracts must have all employees vaccinated.
Also in Texas, to assist with planning for the distribution of the pediatric COVID-19 vaccine pending the authorization by the Food and Drug Administration and the recommendations by the Centers for Disease Control and Prevention of the Pfizer COVID-19 vaccine for 5-11 years of age, the Department of State Health Services (DSHS) is asking chain pharmacies to complete one survey with an estimate for all stores by 5 PM on Wednesday, October 20th. DSHS Survey
Also in Texas, the Board of Pharmacy will hold its quarterly meeting in-person in Austin on Tuesday, November 2. TX BOP Meeting On the agenda for possible final adoption are onerous proposed rules impacting pharmacies that compound non-sterile preparations. Written comments must be submitted to the board on or before October 25th.
Also in Texas, NACDS submitted several recommendations to the Board of Pharmacy to assist with the development of their 5-year strategic plan, including updating laws and regulations to permanently codify the scope of practice expansion under the PREP Act for all pharmacy personnel, and to further modernize the practice of pharmacy to allow for practices now permitted in other states.
Finally in Texas, on October 1st, NACDS and other Texas pharmacy organizations met with Health and Human Services Commission’s representatives from the Texas Department of State Health Services (DSHS) and the Vendor Drug Program (VDP-Medicaid) to discuss considerations for a pilot program to address barriers that have inhibited broad pharmacy participation in the Texas Vaccines for Children Program.
For more information, contact NACDS’ Mary Staples at 817-442-1155.