On August 5, the Environment Department (NMED) filed an emergency amendment to require employers to report positive COVID-19 cases in the workplace to the NMED Occupational Health and Safety Bureau within four hours of being notified of the case. The emergency rule is effective for 120-days, or until December 3, 2020, unless NMED proposes and the Environmental Improvement Board adopts a permanent rule.  Guidance documents can be found here.

Also in New Mexico. The Board of Pharmacy approved the recommendations by the Board’s Practice Committee for a new protocol allowing pharmacists to treat patients with a positive CLIA-waived result. The five treatment areas under the new protocol are flu, strep, HIV PEP, and COVID-19. Notably, the new protocol includes language allowing the treatments to be FDA approved or FDA Emergency Use Authorizations (EAU). Certain COVID-19 tests have received authorization from the FDA that classify them as CLIA-waived tests. The protocol must now  gain approval from both the Medical and Nursing Boards in August who may then return the revised protocol to the Board of Pharmacy for final approval. Protocols can be found here.

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

In response to a request by chain pharmacies, on July 23 the Board of Pharmacy discussed allowing pharmacy technicians to administer vaccinations to help meet the anticipated public demand for influenza vaccinations this fall, and COVID vaccinations when they are available. NACDS submitted a support letter in advance of the meeting.

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

On June 18th, Gov. Michelle Lujan Grisham convened a special legislative session to address the state’s huge fiscal shortfall caused by the oil price crash and novel coronavirus pandemic. The modified budget approved by both the House and Senate that was sent to the Governor uses a combination of spending cuts and federal funding to deal with a projected $2 billion drop in state revenue for the next fiscal year. The revised fiscal year 2021 budget reduces spending by more than $600 million, bringing the budget to $7 billion. The revised budget reduces spending by 4 percent for most state agencies.

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

The legislators will return to Santa Fe on June 18, 2020 for a special session on the budget deficit caused by plummeting oil and gas prices, combined with lower gross receipts taxes because of the COVID restrictions. While the Roundhouse will be closed to the public, all committee hearings and floor sessions will be webcast. Any employees and media entering the building will be required to undergo a COVID-19 test; however, legislators will not be required but will be highly encouraged to do so too. All employees will also be required to undergo a COVID-19 test before the start of the special session to enter the Roundhouse. Legislators will not be required to undergo a test, but will be highly encouraged to do so. 

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

Primary elections were held on Tuesday, June 2nd. Early returns indicate that four powerful incumbent Senate Democrats may have lost their primary contests: John Smith – Chairman of the Senate Finance Committee, Mary Kay Papen – Senate President Pro Tempore, Clemente Sanchez, Chairman of the Senate Corporations and Transportation Committee, and  Richard Martinez, Former Chair of Senate Judiciary Committee.  

Also in New Mexico... On June 18, 2020, Gov. Michelle Lujan Grisham is convening a special session on the budget. The state shortfall for the next fiscal year is estimated to be as high as $2.8B due to plunging oil and gas revenues and the economic impact of the COVID-19 pandemic. Additionally, there is an estimated shortfall between $368M and $483M for the current fiscal year.

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

The Medical Board issued a Final rule effective March 24th amending and adopting regulations under 16.10.9 through 16.10.22 NMAC (nonconsecutive) to add licensure fees for out-of-state sports team physicians and naturopathic doctors. The rule also adds licensure reinstatement fees for anesthesiologist assistants and polysomnographic technologists, updates fees for physician assistants and genetic counselors, and increases fees for license verification to $37. In addition, the rule requires health care providers who prescribe opioid analgesics for the first time to advise the patient of the risks of overdose and co-prescribe an opioid antagonist for opioid prescriptions written for at least a five-day supply. Finally, the rule adds practice requirements for naturopathic doctors.  

Also in New Mexico... The Office of the Superintendent of Insurance announce a Proposed rule amending regulations under 13.10.13 NMAC to change “copayments” to “cost-sharing” and prohibit cost-sharing for testing and health care services for the new coronavirus, pneumonia, influenza, or other diseases or conditions that are the cause or subject of a public health emergency. The rule currently is in effect as an emergency rule. A hearing is scheduled for April 23rd, and comments will be accepted through 4:00 PM MDT on April 23, 2020. Comments should be sent to Melissa Martinez; Office of Superintendent Insurance; 505-476-0333; melissa.martinez2@state.nm.us.

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

NACDS participated on a conference call earlier this week hosted by the Department of Health answering questions posed by chain and independent pharmacists about COVID19 response.

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

In an successful effort lead by the New Mexico Pharmacists Association and supported by the School of Pharmacy, pharmacy students, NACDS, state retailers, payors, and other pharmacy groups, HB 42 by Rep. Deborah Armstrong, the Pharmaceutical Services Reimbursement Parity bill which will require pharmacists to be paid by for patient care services within the pharmacist’s scope of practice, was signed into law by Gov. Michelle Lujan Grisham (D) on March 6.

Also in New Mexico… Also approved was SM 19 sponsored by Sen. Steven Neville. It directs the Health and Human Services Department to conduct a pharmacy cost of dispensing study.

Also in New Mexico… On March 4, Gov. Grisham signed SB 1, the Wholesale Drug Importation Act, and HB 292 by Rep. Cadena that caps copays and out-of-pocket expenses for insulin at $25 per prescription for a 30-day supply.

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

With less than a week remaining in the 30-day legislative session, NACDS has sent an RxIMPACT Action Alert to members encouraging them to contact their state senator urging passage of HB 42, Rep. Deborah Armstrong’s payment parity bill that creates the opportunity for more community pharmacies to improve patient access to care. NACDS joined the National Community Pharmacists Association, American Pharmacists Association, National Alliance of State Pharmacy Associations, and American Society of Health System Pharmacists in a letter of support to legislative leadership. The University of New Mexico College of Pharmacy and students have been activity engaged at the Capitol. They created and excellent video in support of HB 42, the payment parity bill.

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