On March 31, Gov. Brad Little (R) signed HB 215 (Session Law Chapter 232, effective July 1, 2023), legislation adding enforcement language to Title 41-349 related maximum allowable cost (MAC). The new law permits the director [Department of Insurance] to act, issue penalties and make remedies for PBMs who violate the law in accordance with authorities in the Idaho Code.  

Also in Idaho, on March 31, Gov. Brad Little (R) signed HB 291 (Session Law Chapter 233, effective July 1, 2023), legislation establishing the Fair Pharmacy Audits Act and creating standards and criteria for the audit of pharmacies by PBMs or other authorized entities.

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

HB 215, legislation adding enforcement language to Title 41-349 related to PBMs permitting the director [Department of Insurance] to act, issue penalties and make remedies for PBMs who violate the law in accordance with authorities in the Idaho Code, passed the House (61-9) and Senate (25-8-2). On March 29, it was sent to Gov. Brad Little (R) for consideration. 

Also in Idaho, HB 291, legislation establishing the Fair Pharmacy Audits Act and creating standards and criteria for the audit of pharmacies by PBMs or other authorized entities, passed the House (61-7-2) and Senate (27-7-1). On March 29, it was sent to Gov. Brad Little (R) for consideration. 

Finally in Idaho, the Board of Pharmacy posted its March 2023 Newsletter including the following items: 

• 2023 Summary of Pending Statute and Administrative Rule Changes 
• Idaho Telehealth Access Act COVID-19 Guidance Updated 
• Announcement and Reminder: Prescription Drug Monitoring Program 
• Idaho to License Virtual Wholesalers That Operate in and into Idaho 
• Enforcement of Mandatory Checking of the PDMP to Begin April 1, 2023 
• Board Executive Officer Awarded the Judy Smetzer Just Culture Champion Scholarship 
• Board Sets 2023 Meeting Schedule 

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

HB 215, legislation adding enforcement language to Title 41-349 related to PBMs permitting the director [Department of Insurance] to act, issue penalties and make remedies for PBMs who violate the law in accordance with authorities in the Idaho Code, passed the House (61-9) and advanced to the Senate where it was reported out of the Senate Health and Welfare Committee with “Do Pass Recommendation”. 

Also in Idaho, HB 291, legislation establishing the Fair Pharmacy Audits Act and creating standards and criteria for the audit of pharmacies by PBMs or other authorized entities, passed the House (61-7-2) and advanced to the Senate where it was reported out of the Senate Health and Welfare Committee with “Do Pass Recommendation”. 

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

The following two bills were recently introduced. NACDS thanks Idaho Retailers Association for its efforts. 

• HB 215 adds enforcement language to Title 41-349 related to PBMs permitting the director [Department of Insurance] to act, issue penalties and make remedies for PBMs who violate the law in accordance with authorities in the Idaho Code. 
• HB 270 establishes the Fair Pharmacy Audits Act, creating standards and criteria for the audit of pharmacies by PBMs or other authorized entities. 

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

The State Board of Pharmacy issued a reminder to ensure that the delegates assigned by controlled substance (CS) registrants are still active and accurate. The delegate review is to ensure that delegate users of the state’s Prescription Drug Monitoring Program (PDMP) are still authorized to perform searches on their supervisor’s behalf. Supervisors are responsible for activities performed within the system by their delegate(s). Supervisors may perform the delegate review by doing the following:  

1. Log in to your Idaho PDMP account. 
2. From your dashboard click “View All Delegates.” 
3. Review delegates listed.
4. If the delegates are correct, take no further action. If a delegate should be changed, continue to step five. 
5. Select any delegate to remove. 
6. Click on “Remove.”
7. Click on “Reject.”
8. Repeat steps five, six, and seven until all unwanted delegates have been removed from the Delegate Management view.

Also in Idaho, the State Board of Pharmacy offers a variety of Idaho PDMP (AWARxE) Resources on the Board’s website for prescribers and pharmacists. 

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

The Idaho Administrative Rules Special Edition Bulletin, Volume 21-12SE, December 22, 2021, has been published. The following rules have been adopted by the respective agency and are now pending review by the 2022 Idaho State Legislature for final approval. 

• Office of the Attorney General – See “Rules of Administrative Procedure for Consideration of Cooperative Agreements Filed by Health Care Providers” on pages 527-41. 
• Department of Health and Welfare – Medicaid Basic Plan Benefits
• See “664. PRESCRIPTION DRUGS: PROVIDER QUALIFICATIONS AND DUTIES” on pages 1778-9;  
• “665. PRESCRIPTION DRUGS: PROVIDER REIMBURSEMENT” on pages 1779-83 and 
• “666. PRESCRIPTION DRUGS: QUALITY ASSURANCE” on page 1783. 
• The Division of Occupational and Profession Licenses pending fee rule – See pages 3350-1 for the Idaho State Board of Pharmacy fees. 

Also in Idaho, the Board of Pharmacy published the “Idaho State Newsletter” – December 2021. Below is an outline of its contents. Note the Idaho PDMP (Prescription Drug Monitoring Program) requirement effective November 1, 2021. 

• Remaining CPE (Council for Pharmacist Education) credits for 2021 
• “Culture of Safety” – Medication events and process improvements in 2021
• Requirement for “Date Sold” in Idaho PDMP 
• Technician registration assistance 
• 2022 Board Meeting Schedule 

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

Below are the highlights from the September 1 issue of the “Idaho Administrative Rules Bulletin”.  See 24.36.01, Rules of the Idaho State Board of Pharmacy *(Re-designated from IDAPA 27.01.01 to 24.36.01)  

• 24-3601-2000F Rules of the Idaho State Board of Pharmacy – Notice of Omnibus Rulemaking – Adoption of Pending Fee Rule – Reauthorizes Title 36, Chapter 01 – Bulletin Vol. 20-11SE (PLR 2021) 
• 24-3601-2000F Rules of the Idaho State Board of Pharmacy – Notice of Omnibus Rulemaking – Proposed (Fee) Rule – Reauthorizes Title 36, Chapter 01 – Bulletin Vol. 20-9SE  
• 24-0000-2000 IDAPA 24 – DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES – Notice of Legislative and Executive Action Affecting Certain Boards and Commissions Under the Department of Self-Governing Agencies – House Bill 318, Session Law 96, and Executive Order 2020-10 and Assignment of New IDAPA Designation Number Under the Division of Occupational and Professional Licenses – Redesignated as IDAPA 24, Title 36, Chapter 01 – Bulletin Vol. 20-7 (eff. 7-1-20)
• 27-0000-2000 IDAPA 27 – BOARD OF PHARMACY – Notice of Legislative and Executive Action Affecting the Idaho Board of Pharmacy Under the Department of Self-Governing Agencies – House Bill 318, Session Law 96, and Executive Order 2020-10 and Assignment of New IDAPA Designation Number Under the Division of Occupational and Professional Licenses – Redesignated as IDAPA 24, Title 36, Chapter 01, – Bulletin Vol. 20-7 (eff. 7-1-20)
• 27-0101-2000F Rules of the Idaho State Board of Pharmacy – Notice of Omnibus Rulemaking – Adoption of Temporary (Fee) Rule – Reauthorizes Title 01, Chapter 01 – Bulletin Vol. 20-4SE (eff. 3-20-20)T 

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

House Bill 386 – PBM Reform Legislation successfully passed out of the Senate Commerce Committee this week.  The bill is now on the Senate 2nd reading calendar, prepared for final passage.

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