Earlier this month, the U.S. Supreme Court asked the Solicitor General to weigh in on whether a 2019 Oklahoma law establishing minimum, uniform pharmacy network access for patients and prohibiting pharmacy benefit managers from steering patients to obtain their prescription drugs from affiliated pharmacies is preempted by federal ERISA law or should be allowed to stand. The decision to seek the Solicitor General’s opinion follows multiple attempts to get SCOTUS to step in after the Tenth Circuit appeals court last year overturned a lower Oklahoma court ruling in Pharmaceutical Care Management Association v. Mulready.

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

The Board of Pharmacy published the July 2024 newsletter. 

Also in Oklahoma, the next meeting of the Board of Pharmacy will be on September 18. 

Finally in Oklahoma, the Office of the Bureau of Narcotics and Dangerous Drugs (OBNDD) director Donnie Anderson released a statement on pharmacies filling controlled substance prescriptions written by out-of-state practitioners.  

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

A coalition of pharmacy groups, including American Pharmacies, Inc., the American Pharmacists Association, the National Community Pharmacists Association, the Oklahoma Pharmacists Association and NACDS, asked the U.S. Supreme Court to once again decide whether states can regulate pharmacy benefit managers after the Tenth Circuit Court of Appeals struck down a lower court that upheld a law passed by Oklahoma in 2019.

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

The Health Care Authority (OHCA) provided public notice of a proposed change in methods and standards for setting payment rates for services in the SoonerCare (Medicaid) program. Contingent upon CMS’ approval, effective July 1, 2024, the OHCA will reimburse pharmacists at a rate equal to other providers when providing services within their scope of practice. Vaccine administration is the only claimable service determined to be within the scope of practice of pharmacists at this time. The state plan amendment (SPA) establishes that services provided by pharmacists will be reimbursed in accordance with the reimbursement methodology currently established for physician services.

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

The legislature adjourned sine die on May 30.

SB 232, legislation allowing pharmacists to screen and treat for minor ailments and other conditions, dispense hormonal contraceptives without a prescription and increase the pharmacy technician ratio from two to three, died due to the early adjournment of the legislature.

Two PBM reform bills that pharmacies supported because they enhanced the Attorney General’s enforcement authority, addressed MAC pricing and audits, were enacted into law. SB 1670 / HB 3376 

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

SB 232, legislation that will allow pharmacists to screen and treat for minor ailments and other conditions, dispense hormonal contraceptives without a prescription and increase the pharmacy technician ratio from two to three, was sent to a House/Senate conference committee on May 28 to work out the differences. The Legislature is scheduled to adjourn its regular session by 5:00 pm on May 31.

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

The Health Care Authority (OHCA) is seeking comments on proposed policy changes on rules defining Pharmacists as Providers OK SPA 24-0002 effective July 1, 2024. 

Also in Oklahoma, the Board of Pharmacy announced two staff retirements, Gary LaRue, and Mary Ann Terral.

Finally in Oklahoma, the Board of Pharmacy posted its April newsletter. 

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

The Oklahoma Pharmacists Association’s (OPhA) Legislative Day at the Capitol is on March 5. Michael Leake, Deputy Attorney General and Director of the PBM unit, will update on efforts to oversee the enforcement of the Patients Right to Pharmacy Choice Act and the Audit Integrity Act.

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

NACDS is closely monitoring several bills of interest to pharmacies, including SB 1541 that includes test and test for minor ailments and prescribing hormonal contraceptives, SB 1390 that would enhance the Attorney General’s enforcement powers over PBMs and SB 1670, legislation related to PBM audits and MAC pricing.

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