The Senate approved, by a vote of 32-8, legislation that NACDS supports that would regulate PBMs. SB 360, the Kansas Consumer Prescription Protection and Accountability Act, defines auditing procedures, outlines reporting requirements and enhances enforcement authority by allowing for compliance and financial examinations. The bill was sent to the House for further consideration. 

Also in Kansas, the House of Representatives approved by a vote of 95-27, HB 2676, legislation expanding the scope of practice for pharmacists. The bill allows for the initiation of therapy, including medication and durable medical equipment, under certain circumstances and requires pharmacists who independently initiate therapy to maintain professional liability insurance. The bill has been referred to the Senate for further consideration. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Two major bills that could change the practice of pharmacy were voted on this week: 

The Senate voted on SB 360, a PBM reform bill that would bring transparency to PBMs, including:  

• Ending spread pricing: PBMs would no longer be allowed to charge insurers or employers more than they pay pharmacies for the same prescription. 

• Fair reimbursement: Pharmacies would be paid NADAC + $10.50 (or the state Medicaid rate, whichever is higher). 

• Lower costs for patients and employers: Savings would go back to health plans, employers and patients instead of being kept by PBMs. 

• State oversight: PBMs would be regulated by the Kansas Department of Insurance. 

The House voted on HB 2676, allowing for emergency refills for non-controlled medications, and adding pharmacist prescribing in the four categories below:  

• Conditions not requiring a new diagnosis, such as preventive care and chronic disease management 

• Conditions that are minor and self-limiting such as hair loss, acne, head lice 

• Conditions that have a CLIA-waived test to guide next steps, such as respiratory viruses 

• Patient emergencies, such as epinephrine, beta agonists, glucagon 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

SB 360, as amended by the Senate Financial Institutions and Insurance Committee on February 6, requires PBMs to charge health benefit plans the same price for a prescription drug as they pay to pharmacies. The bill also establishes a reimbursement rate floor for pharmacies, mandating payment of no less than the National Average Drug Acquisition Cost (NADAC) plus a professional dispensing fee of $10.50.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

SB 360, the Consumer Prescription Protection and Accountability Act, a PBM reform bill that gives the Department of Insurance Commissioner Vicki Schmidt, a pharmacist, more enforcement tools on audits, spread pricing and patent choice of pharmacy, was heard in the Senate Financial Institutions and Insurance Committee on January 28 and 29. NACDS submitted a statement of support. 

Also in Kansas, at the January 29 hearing in the House Health and Human Services Committee, NACDS was on the record in support of HB 2157, which would expand pharmacists' scope of practice to test and treat for COVID-19. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Legislature will convene on January 12 and adjourn by April 10.

Also in Kansas, Mandy Czechanski is the new Executive Director of the Kansas Pharmacy Association (KPhA).

Finally in Kansas, the Department of Health and Environment (KDHE) hired Myers and Stauffer to conduct a study on the cost of dispensing. The results confirmed what pharmacists have been saying all along, that the cost to dispense has risen rapidly while reimbursements continue to decline. The results showed the cost to dispense a prescription is $11.38 for chain pharmacies and $15.85 for independent pharmacies, which is well above the current Medicaid rate of $10.50.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The legislative research department issued an agenda for special interim committee meeting to discuss the 340B drug program and PBMs.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Board of Pharmacy is seeking a pharmacist to volunteer to serve on the Collaborative Drug Therapy Management Committee to review the current statewide protocols for testing and initiation of therapy for influenza, acute group A strep and acute uncomplicated UTI in women. Interested parties must submit a resume and letter of interest to pharmacy@ks.gov by September 2.   

Also in Kansas, the University of Kansas School of Medicine – Wichita, the Kansas Hospital Association and DCCCA, are conducting a study designed to improve access to substance use disorder (SUD) care aimed at identifying the barriers to treating individuals with SUDs.    

Finally, the Board of Pharmacy adopted several new rules at the July 11 meeting, which will go into effect in August 2025.  

• K.A.R. 68-7-10 

• K.A.R. 68-7-10a 

• K.A.R. 68-21-2 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Gov. Laura Kelly (D) appointed two new pharmacists members to the Board of Pharmacy, Joanna Robinson, PharmD, MS, BCSCP, and Janine Ohler, PharmD, BCPS. They will each serve a four-year term and are replacing Jonathan Brunswig, PharmD, and William Walden, RPh, both of whom served eight years on the board. 

Also in Kansas, SB 63 which became law earlier this year on February 20, requires in Section 4 that "if a healthcare provider violates the provisions of Section 3 of the law, the healthcare provider has engaged in unprofessional conduct and, notwithstanding any provision of law to the contrary, the license of such healthcare provider shall be revoked by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state". 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Department of Health and Environment issued two bulletins for paying pharmacists for services. The Stand-Alone Vaccine Counseling and Pharmacists bulletin authorizes pharmacists to provide and bill for vaccine counseling services for patients under the age of 21 years, retroactive to April 1, 2025. The Pharmacist as Provider, Emergency Opioid Antagonists and Medication Therapy Management adds payment for the extra counseling required when pharmacists dispense emergency opioid agonists (EOA) using the statewide protocol, commonly referred to as the naloxone protocol. This should be billed with the date of service dispensed and counseled, retroactive to January 1, 2025. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.