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.

At the August 3rd Board of Pharmacy, after a lengthy debate, the Board agreed to accept the proposed draft language of concern to chain pharmacies emergency refills of insulin and insulin supplies and new requirements on compounding non-sterile products including flavoring and simple mixture of creams and lotions. The Board will consider adopting final rules at their November 2nd meeting. 

Also in Texas, pharmacies continue lobbying efforts to secure funding for the Prescription Monitoring Program (PMP) through the American Rescue Plan Act (ARPA) of 2021 to prevent any PMP usage interruptions. https://www.nacds.org/ceo/2021/0813/PMP-ARPA-Funding-Letter-8.11.2021.pdf 

Also in Texas, Gov. Greg Abbott (R) announced that the temporary suspension of numerous COVID-19 rules listed on this link will terminate on September 1, 2021. The list includes discontinuing the telephonic counseling waiver in §291.33(c)(1)(B)(iii). https://www.pharmacy.texas.gov/coronavirus/temporary-rule-suspensions.asp 

Finally in Texas, the Governor convened a second 30-day special session on August 7th, but the partisan stalemate continues. On August 10th, House Speaker Dade Phelan (R) signed civil arrest warrants for 52 House Democrats still missing from the state Capitol to regain a quorum needed so that the House of Representatives can begin moving legislation during the second special

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

The 30-day special session Gov. Greg Abbott (R) convened in early July will end on Friday, August 6th without progress on any legislation because of the partisan standoff in the House of Representatives over the election integrity bill. The Governor vowed to call multiple special sessions until the elections bill passes.  

Also in Texas, the Health and Human Services Commission’s (HHSC) Vendor Drug Program (VDP) updated the Preferred Drug List. 

Finally in Texas, since the Board of Pharmacy failed to secure funding from the Legislature to cover the cost of the electronic health record (EHR) to continue to be seamlessly integrated into the state’s Prescription Monitoring Program (PMP), access through the Appriss PMP Gateway and access to the NarxCare score will end on August 31, 2021. Free access to the PMP remains available at texas.pmpaware.net/login, but it is more cumbersome then the direct connect integration the state began paying for in 2020 when they mandated that both prescribers and dispensers check the system before prescribing opioids, benzodiazepines, barbiturates or carisoprodol. More information is available – News | PMP Changes (texas.gov) 

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

The Department of Health and Human Services (HHSC) announced its submission of an extension application to the Centers for Medicare & Medicaid Services (CMS) for the Texas Healthcare Transformation Quality Improvement Program (THTQIP) waiver under section 1115 of the Social Security Act. The extension request is for approximately 10 years, and reflects the same terms and conditions agreed to and approved by CMS on Jan. 15, 2021. It will allow Texas to continue flexibility to pursue the goals of the existing 1115 waiver:  

• Expand risk-based managed care to new populations and services. 
• Support the development and maintenance of a coordinated care delivery system. 
• Improve outcomes while containing cost growth. 
• Transition to quality-based payment systems for managed care and providers.  

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