The Board of Pharmacy proposed and adopted several rules at their November meeting.

Also in Texas, the Health and Human Services Commission (HHSC) revised the Medicaid preferred drug list effective December 3, 2021.

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

Having received numerous written comments from Texas pharmacists in advance of the November 2 meeting and hearing from more than a dozen pharmacists, pharmacy technicians and stakeholder groups, the Board voted to withdraw the proposed rules on non-sterile compounding and send back to staff for recommendations on how to proceed.

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

The Board of Pharmacy posted the November 2 meeting agendaand meeting materials. Of interest to chain pharmacies are the possibility of 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 the Class A-SN designation for community pharmacies compounding both sterile and non-sterile preparations. Interest parties were asked to submit comments in advance of the meeting.

Also in Texas, despite the collaborative efforts of NACDS, the Texas Federation of Drug Stores (TFDS), the Texas Pharmacy Business Council (TPBC) and other stakeholders during both the regular session earlier this year and most recently during the third special session, the legislative budget conference committees failed to extend the $2.5M funding for the Texas State Board of Pharmacy’s Prescription Monitoring Program’s (PMP) NarxCare integration and clinical alerts. While this means the free access through the Appriss Health PMP Gateway has been discontinued, pharmacists and other prescribers that are required to check the patient’s PMP history before dispensing or prescribing opioids, benzodiazepines, barbiturates or carisoprodol can still access the system through their free PMP AWARxE account.

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

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 19^th.

Also in Texas, on November 2^nd, 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 19^th.

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

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 20^th.  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 25^th.

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 1^st, 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.

NACDS provided comments encouraging the Board of Pharmacy (TSBP) to include in their FY 2023-2027 strategic plan statute and rule changes to permanently codify the scope of practice expansion authorized under the PREP Act for all pharmacy personnel, and to further modernize scope of practice for Texas pharmacists to allow for practices now authorized in other states. We also urged the Board to modernize their in-person counseling rules to permanently allow the option of telephonic counseling that has allowed pharmacies to deploy innovative workflow models to meet increased patient demand for pharmacy services.

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

The Texas Department of State Health Services (DSHS) has updated the Texas COVID-19 Vaccine Program Provider Manual (Click her for manual) 

Also in Texas, the Legislature returned to the Capitol on September 20th for a third 30-day special session to tackle several issues including redistricting, property tax reform, and allocating the $16B in federal COVID relief funds. (Link to special session) 

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

Having achieved passing the election integrity law, the second special legislative session adjourned on September 2. Gov. Abbott (R) announced a third special session on redistricting will convene on September 20, 2021.

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

Gov. Greg Abbott (R) agreed to extend the telephonic counseling waiver https://www.pharmacy.texas.gov/files_pdf/291.33-notification.pdf 291.33(c)(1)(B)(iii) until November 30, 2021. All other temporarily suspended rule requirements listed here TSBP | Coronavirus Disease 2019 (COVID-19) Resources – Temporary Rule Suspensions (texas.gov) will no longer be suspended beginning on September 1, 2021. 

Also in Texas, on August 25th, Gov. Greg Abbott (R) issued an Executive Order banning government COVID-19 vaccine mandates in Texas.

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