Rep. Dr. Tom Oliverson (R), chair of the House Insurance Committee, filed HB 2021, legislation that applies existing law intended to protect patients and pharmacies to all PBMs operating in Texas. The PBMs and Health plans are orchestrating opposition leveraging the Texas Association of Business and the Texas State Chamber of Commerce, mounting an aggressive campaign saying that preempting ERISA hurts employer's ability to offer quality, affordable health care and prescription options that best fit the needs of their employees. 

Also in Texas, NACDS and Texas Federation of Drug Stores (TFDS) pharmacists and interns from HEB and Walgreens spent time at the Capitol meeting with new members and staff to educate them on pharmacy's priority issues: Medicaid reimbursement rate floor and making the PREP Act flexibilities permanent by lowering the age to 3 years for pharmacists and pharmacy technicians to administer vaccinations without a prescription.  

Finally, the House Public Health Committee convened an organizational meeting on February 27 to discuss an organizational meeting and will be taking invited testimony from the Texas State Board of Pharmacy (TSBP), the Texas Department of State Health Services, and the Texas Health and Human Services Commission. 

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

Register TODAY to participate at the 2023 Texas Pharmacy Day at the Capitol on February 28.

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

House Speaker Dade Phelan (R) announced committee assignments this week.  

Also in Texas, Sen. Pete Flores (R) filed SB 749, legislation making permanent the Public Readiness and Emergency Preparedness Act (PREP Act) authority that authorizes pharmacists to both order and administer routine immunizations for individuals three years of age and older. The House companion bill is HB 1105 by Rep. Four Price (R). 

Also in Texas, Rep. Jacey Jetton (R) filed HB 2079, legislation would allow pharmacists to furnish medications for flu, strep and COVID as a result of a positive CLIA-waived test.  

Also in Texas, NACDS is a sponsor of Texas Pharmacy Day at the Capitol on February 28. This is a great opportunity for pharmacists from all practice settings to show unity promoting our legislative agenda. Space is limited, so register now. 

Finally in Texas, after a closed-door session at the quarterly meeting of the State Board of Pharmacy this week, the Board terminated the Executive Director Tim Tucker. 

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

Lt. Governor Dan Patrick announced the Senate Committee assignments this week.

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

The state legislature will convene its 140-day biennial session on January 10, 2023. Rep. Dade Phelan (R) was elected Speaker of the House. 

Also in Texas, the State Comptroller Glenn Hegar (R) announced on January 9 that the state has a $32.7 billion surplus.  

Also in Texas, the Health and Human Services Commission's (HHSC) Executive Commissioner Cecile Erwin Young announced that Dr. Jennifer Shuford would serve as Commissioner of the Texas Department of State Health Services (DSHS), replacing Dr. John Hellerstedt. Previously Shuford served as chief state epidemiologist at DSHS. 

Finally in Texas, several bills of interest to pharmacies have been filed: 

• HB 1105 by Rep. Four Price (R) would make permanent the Public Readiness and Emergency Preparedness Act (PREP Act) authority that authorizes pharmacists to both order and administer routine immunizations for individuals three years of age and older.  
• HB 1293 by Rep. Toni Rose (D), the Medicaid transparency reimbursement bill, would establish a rate floor for Medicaid MCOs. 
• SB 160 by Sen. Charles Perry (R) would provide for pharmacists to furnish medications for flu, strep and COVID under a written protocol with additional training, if identified through a CLIA Waived test. Also, it would allow for a physician to dispense drugs for flu, step and COVID, if identified through a CLIA-waived test, and dispense all antibiotics and drugs authorized under an emergency rule. 

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

NACDS provided comments to the Health and Human Services Commission’s Vendor Drug on proposed policies related to the transition of the Medicaid pharmacy formulary, preferred drug list and prior authorization requirements to managed care organizations.

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

Gov. Greg Abbott (R) directed the Texas Education Agency (TEA) and the school superintendents that the COVID-19 vaccine cannot be mandated as part of school entry requirements. Instead, Texas law overrides a recent recommendation from the Centers for Disease Control (CDC) that added the vaccine to immunization schedules for adults and school-aged children. In letters to TEA Commissioner Mike Morath and school superintendents statewide, the Governor explains that his Executive Order No. GA-39, issued on August 25, 2021, allows Texas parents to opt-out of the COVID-19 vaccine for their children and further empowers parents to be the primary decision-makers in their children's healthcare. Also, the Texas Legislature has enabled parents to opt out of vaccinating their children for health reasons and reasons of conscience through several statutes, including Texas Education Code § 38.01(c)(1), Texas Health & Safety Code §§ 161.004(d), 161.0041 and Texas Human Resources Code § 42.043(d). 

Also in Texas, the Health, and Human Services Commission (HHSC) Vendor Drug Program (VDP) Medicaid is soliciting feedback on its proposed policies related to the transition of the formulary, preferred drug list and prior authorization requirements to managed care organizations, in accordance with state law. The survey must be completed by 5:00 PM CT on December 4, 2022. 

Also in Texas, at the Board of Pharmacy early this month, the Board adopted and proposed several rules. 

Finally in Texas, November 14 was the first day of bill filing for the 2023 legislative session that convenes on January 10, 2023. Shortly after Noon, legislators had filed more than 800 bills. Thousands of pieces of legislation are filed each biennial session, but most never make it into law.  

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

NACDS, the Texas Federation of Drug Stores (TFDS), the Texas Pharmacy Association (TPA) and the Texas Health-Systems Pharmacists (TSHP) collaborated on November 2 for an all-day successful Pharmacy Advocacy Training Day at the Texas State Capitol. Pharmacists from around the state were briefed on the pharmacy priority issues for the 2023 legislative session, heard from legislators, regulators, on "how to advocate" effectively, and then practiced what they learned by role playing. Media pundits shared their stories on Texas politics, the November 8 elections, and the outlook for the 2023 session. Chain, independent and hospital pharmacists teamed up and spent the afternoon fanning out across the Capitol in teams putting their knowledge into practice with over 50 scheduled meetings with legislators and staff. 

Also in Texas, the Health, and Human Service Commission (HHSC) is hosting a provider online seminar at Noon on November 8 on COVID-19 updates. COVID-19 vaccine providers may also benefit from the information relating to COVID-19 vaccine updates, clinical guidance, and product ordering. Please register to receive information to participate in this event.  

Finally in Texas, the Board of Pharmacy adopted non-sterile compounding rules at its August meeting. Board rule 291.131 changes including new definitions of cleaning and sanitizing and calibrations of scales.  

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

The Board of Pharmacy’s posted the agenda for the November 1 meeting.

Also in Texas, save the date for the next PMP Advisory Committee remote Zoom meeting on December 1. Information will be posted on the Board of Pharmacy’s Committee & Task Force Meetings webpage as it becomes available.

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