On June 10th, the Board of Pharmacy posted on their website COVID-19 testing guidance for pharmacists and pharmacies.  

Also in Texas... The Health and Human Services Department Vendor Drug Program (VDP) Medicaid Pharmacy Provider Procedural Manual recent update includes payment providers algorithms stating that the VDP pharmacy claims systems consider usual and customary price to include discount cards….. “Pharmacies cannot exclude discount prices given to customers from its determination of the most frequently charged price for the same drug when reporting the UAC price to Texas Medicaid on a claim transaction.  If a discount price is advertised for a drug then the discount price must be reported to Texas Medicaid as the UAC price for the same drug, unless the most frequently charged price is lower.”

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

NACDS, the Texas Federation of Drug Stores, and H-E-B pharmacists Doug Read and Jay Bueche, met with New Braunfels Sen. Donna Campbell, an emergency room physician. During the Zoom meeting, we promoted our scope regulatory and legislative agenda, including expanding technician duties and eliminating arbitrary ratios, expanding access to immunizations without a prescription. We also asked the Senator to urge Gov. Greg Abbott to allow pharmacists to test now for COVID and treat later when the vaccines become available.  

Also in Texas... Continuing to advocate for the removal of the remaining barrier to pharmacist COVID-19 testing, NACDS, the Texas Federation of Drug Stores, and other Texas pharmacy organizations with the help of the Executive Director of the Board of Pharmacy (BOP) Allison Benz and the Board president, Julie Spier with Albertsons, finally convinced Gov. Greg Abbott to acknowledge that the federal HHS April 8th guidance document and May 19th advisory opinion clearly authorize pharmacist ordering and administration of COVID-19 testing without any physician involvement. Texas BOP FAQ‘s that provide official guidance on pharmacist testing have been updated to that effect.   

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

NACDS is drafting expanded scope legislation for the 2021 session.

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

NACDS also continues to try to remove the remaining physician order requirement in Texas that poses a barrier to pharmacies expanding COVID-19 testing. NACDS, the Texas Federation of Drug Stores and the Texas Pharmacy Association provided requested updates to the Board of Pharmacy FAQ on COVID-19 testing for pharmacists and pharmacies.  The updates included reference to the most recent advisory opinion from the U.S. Department of Health and Human Services (HHS) concluding that the federal PREP Act, in conjunction with HHS’ April 8th guidance, preempts any state or local requirement that prohibits or effectively prohibits a pharmacist from ordering and administering a COVID-19 test that the Food and Drug Administration has authorized.

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

NACDS, the Texas Federation of Drug Stores, and the Texas Pharmacy are all continuing to work with the Board of Pharmacy to urge Gov. Greg Abbott to allow all licensed pharmacies with CLIA-waivers to order and administer all FDA-authorized CLIA-waived tests that can detect COVID or the presence of antigens or antibodies produced in response to the virus. 

Also in Texas... On May 15th, the Board of Pharmacy issued the following guidance to pharmacists when dispensing prescriptions for Chloroquine, Hydroxychloroquine, Mefloquine, or Azithromycin in compliance with Emergency Board Rule 291.30. 

The rule does not prevent a physician from prescribing one of these drugs for an off-label use. Please note, the intended use for the drug is not required if the practitioner determines the furnishing of this information is not in the best interest of the patient in accordance with Board rule 291.34 (b)(7).  

o   The intent of Rule 291.30 is to prevent the stockpiling of the drugs and to ensure that reasonable quantities are available for ALL patients that require therapy with the drugs, including patients with a COVID-19 diagnosis. 

o   It was not the Board’s intent to hinder the use of the drugs on patients that are in need of drug therapy, but rather to prevent unreasonable quantities that would otherwise be representative of hoarding or stockpiling tactics. 

o   In addition, the Rule does not apply to a prescription issued for a patient already established on the medication (e.g., prescription to treat rheumatoid arthritis or lupus for already established patients).

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

In an effort to stay connected with Texas state legislators during the interim, NACDS, the Texas Federation of Drug Stores and our chain pharmacists from HEB, Kroger, Walgreens and United have been engaged in Zoom meetings. Over the past couple of weeks, we have met with nine lawmakers — West Texas State Senators Charles Perry & Kel Seliger, Ft. Worth State Senator Beverly Powell, San Antonio State Representative Phillip Cortez, Houston State Representative Garnet Coleman, El Paso State Representative Lina Ortega, Arlington State Representative Chris Turner, Dallas State Senator Nathan Johnson and Wichita Falls State Representative James Franks. During these meetings, we covered a wide range of issues beyond the great work pharmacist and pharmacies are doing during the pandemic throughout Texas to ensure access to medications, promoting our scope regulatory and legislative agenda, — expanding technician duties and eliminating arbitrary ratios, and enhancing access to immunizations without a prescription. We also urged them to tell Gov. Greg Abbott to allow pharmacists to test now for COVID and treat later when the vaccines become available. 

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

Prior to the May 5th quarterly Zoom Board meeting, the Executive Director Allison Benz announced that the discussion on expanding technician duties and eliminating the arbitrary ratio would be postponed until the August 4th in-person Board meeting.  

Also in Texas... The Health and Human Services Commission’s Vendor Drug Program (Medicaid) finally submitted their 1115 Waiver on April 22nd, that would allow reimbursement to pharmacies for administering flu vaccines, long acting antipsychotics, and drugs used to treat substance use disorder or opioid dependency. 

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

The Texas Federation of Drug Stores submitted several requests to Gov. Greg Abbott (R) requesting additional waivers, including one for pharmacists testing requesting either a waiver or statewide order from the Department of State Health Services, and one on telepharmacy. 

Also in Texas... Gov. Greg Abbott (R) appointed Chairman and CEO of Brookshire Grocery Company Brad Brookshire to his  Strike Force to Open Texas to develop plans on how to best reopen the state. 

Also in Texas... Gov. Greg Abbott (R) announced that he was mobilizing the Texas National Guard for COVID-19 mobile testing teams. Forty-five teams will be mobilized across the state to provide greater access to medical testing. The teams will have eleven medical professionals and support staff, as well as thirty-four soldiers. Currently, the Texas National Guard has the capacity to test 150 people per day at each mobile testing location. 

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

On April 12th, a day before the emergency orders would have expired, Gov. Greg Abbott indefinitely extended the disaster declaration for all Texas counties in response to COVID-19.

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