Texas

Gov. Greg Abbott (R) signed into law HB 2174, legislation to address opioid abuse and addiction, while providing key safeguards to address the needs of those suffering from chronic pain. By Friday, January 1, 2021, all controlled substances will have to be electronically prescribed. Also, the new law will limit the supply of a patient’s first opioid prescription to 10 days when that prescription is for temporary or acute pain.

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

2019-06-20T10:41:47-04:00June 20, 2019|Texas|

Texas

The legislature adjourned its biennial session on May 27. Prior to adjournment, the following bills of interest to chain pharmacies were sent to Gov. Greg Abbott (R) to sign into law. The governor has until Sunday, June 16 to decide whether to sign or veto a bill, or let it become law without his signature. Unless otherwise specified, the effective date is Sunday, September 1.

  • HB 3284, legislation providing a six-month extension to the September 1, 2019 effective date passed last session that requires both prescribers and dispensers check the PMP for certain controlled substances on or after Sunday, March 1, 2020. The bill also requires veterinarians check the PMP, establishes an advisory committee and compels law enforcement to obtain a subpoena, warrant or other court order to access the PMP.
  • HB 3496, legislation NACDS successfully amended excluding non-publicly traded grocery store pharmacies from certain requirements to disclose certain financial information of pharmacy ownership.
  • HB 2088, legislation NACDS successfully amended that requires pharmacies, when dispensing Schedule IIs, to provide written notice on how to properly dispose of medications with certain exemptions.
  • SB 1056, legislation clarifying that a physician may delegate to a pharmacist the ability to modify the patient’s drug therapy under a physician protocol.

Also in Texas… Other bills of interest to chain pharmacies that have been signed by Gov. Abbott recently include the following:

  • HB 3441, legislation ensuring payment parity for pharmacists providing the same service as other providers.
  • HB 1757, legislation recognizing pharmacists as providers in the Insurance Code.

Also in Texas… With hurricane season in effect, the Health and Human Services Commission has prepared resources to keep Texans healthy and safe in the event of a natural disaster.

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

2019-06-06T15:09:24-04:00June 6, 2019|Texas|

Texas

HB 2174 has been sent to Gov. Greg Abbott (R) for signature. The legislation requires e-prescribing for Schedule II-V controlled substances prescriptions effective January 1, 2021, with exceptions consistent with NACDS’ model legislation. Additionally, for the treatment of acute pain, a practitioner may not issue a prescription for an opioid in an amount that exceeds a 10-day supply or provide for a refill of an opioid.

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

2019-05-29T14:14:12-04:00May 29, 2019|Texas|

Texas

At the May 7 Board of Pharmacy meeting, the Board adopted Option 3, higher fees for both pharmacists and pharmacies to help pay for the integration of the prescription monitoring program. The proposed rule will be finalized at the next Board meeting in August.

Also in Texas… The Health and Human Services Commission (HHSC) announced that later this year HHSC will expand the Medicaid and CHIP benefit to allow pharmacists “to administer certain medications in a pharmacy setting and includes the administration of certain long-acting anti-psychotics, Vivitrol, and flu vaccines. These products will be added to the Medicaid and CHIP formularies. Pharmacies must be reimbursed for the ingredient cost, dispensing fee, and applicable administration fees for each claim processed.” The Vendor Drug Program will publish additional information in the coming weeks.

Also in Texas… HB 4285, legislation pharmacies supported that would have allowed pharmacists to furnish medication under a physician protocol to anyone 18 years of age and older after 5:00 p.m. weekdays and on weekends, if the results of a CLIA-waived test for influenza are positive, was heard in the House Public Health Committee on May 1.

Also in Texas… HB 3496, legislation that requires a sworn disclosure statement for pharmacies that NACDS successfully amended on behalf of chain pharmacies that are not publicly traded companies, passed the House on May 8.

Also in Texas… The House passed HB 2536, a drug transparency bill requiring certain drug cost information to be provided by drug manufacturers, PBMs and health plans to the Health and Human Services Commission and the Department of Insurance which will be posted on a state website. (HB2536) .

Also in Texas… HB 3441/HB 1757, two bills promoted by pharmacies ensuring payment parity for pharmacies and recognizing pharmacists as practitioners in the Insurance code passed both chambers and will be sent to Gov. Greg Abbott (R) to sign into law.

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

2019-05-16T16:04:19-04:00May 16, 2019|Texas|

Texas

Legislation, NACDS supports after our amendments were accepted that prohibits the sale of products containing dextromethorphan to persons under the age of 18 years, has passed the House and is pending final action by the Senate. (HB 1518/SB 349)

Also in Texas…HB 1264, legislation filed by Rep. Senfronia Thompson (D), the Chair of the House Public Health Committee, which will repeal the sunset date for pharmacists reporting the dispensing of biologics, passed both the House and Senate, and now is headed to Gov. Greg Abbott (R) to be signed into law.

Also in Texas… NACDS-supported non-controversial clean-up legislation clarifying that pharmacists do not have to do redundant checking of the prescription monitoring program (PMP) when refilling Schedule II-V controlled substances—since both prescribers and dispensers already reviewed the PMP report prior to the initial prescribing and dispensing of the prescription—passed the Senate and is pending in the House. (HB 577/SB 420)

Also in Texas…After negotiations with Rep. Jay Dean (R), Dean agreed to withdraw HB 2086, legislation that would have mandated all pharmacies take back and dispose of unwanted medications free of charge. If a pharmacy does not provide safe disposal options at no cost to the consumer, then the compromise reached with Rep. Dean requires pharmacies to simply include messaging and a link to the Drug Enforcement Administration as part of the patient information provided with every Schedule II controlled substance prescription. The committee substitute bill (CS HB 2088) passed the House Public Health Committee on April 24 and is pending a vote by the full House.

Also in Texas…NACDS successfully negotiated amendments to Rep. Shawn Thierry’s (D) bill that requires pharmacies to add the same auxiliary warning label on opioid prescriptions that has been adopted by five other states—“Caution: Opioid. Risk of overdose and addiction.” (CS HB 562) As part of the compromise, the representative agreed not to pursue two other bills mandating onerous additional opioid counseling and documentation requirements, and the other bill required additional written material on the dangers of opioids, a lengthy warning label in large capital letters, and red caps for all opioid prescriptions. (HB 536 & HB 563)

Also in Texas…HB 2174, legislation mandating all controlled substance be electronically prescribed by Friday, January 1, 2021, and for which NACDS has garnered broad-based support, passed the House on April 26.  It was subsequently referred to the Senate Health and Human Services Committee where NACDS hopes to substitute SB 1233—the companion bill filed by Sen. Lois Kolkhorst (R), the chair of the Committee—which was heard in the Committee last month along with the House-passed version.

Also in Texas…Effective April 15, the Health and Human Services Commission (HHSC) implemented the final rules to align reimbursement standards for pharmacy services to conform with the Medicaid State Plan (SP) under 1 TAC §§355.8541, 355.8548, 355.8551. The final rule revisions are consistent with the current SP and federal law and do not constitute a change to current pharmacy reimbursement under Medicaid fee-for-service; reimbursement is calculated consistently with the Medicaid State Plan and federal law. Additionally, the final rule changes under 1 TAC §354.1831 amending regulations to clarify that limited home health supplies listed in the Texas Drug Code Index are covered drugs. Lastly, the rule changes under 1 TAC §354.1867 amend regulations to clarify that early refills of drugs used to treat chronic conditions included in a medication synchronization plan may be jointly approved by the HHSC, the applicable pharmacist, enrollee, and the prescribing physician or healthcare provider. The rule also clarifies that pharmacists must comply with related procedures in the Vendor Drug Program pharmacy provider manual, and that dispensing fees will not be prorated.

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

2019-05-03T08:53:42-04:00May 2, 2019|Texas|

Texas

The Health and Humans Services Department of State Health Services’ Immunization Unit created this flyer to help pharmacies educate patients about opting into ImmTrac2, the state’s immunization registry.

Also in Texas… HB 2174/SB 1233, legislation filed by Rep. John Zerwas (R) and Sen. Lois Kolkhorst (R) that the Attorney General and pharmacies support mandating e-prescribing for all controlled substances by Friday, January 1, 2021 and also includes provisions to limit the day supply for acute pain medications to seven days, has been heard in both the House Public Health and Senate Health and Human Services Committee.

Also in Texas… SB 420/HB 577, legislation filed by Sen. Dawn Buckingham (R) and Rep. Senfronia Thompson (D) clarifying the new requirements to check the prescription monitoring program for certain refill prescriptions has passed the Senate and is pending further action in the House Public Health Committee.

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

2019-04-05T11:12:51-04:00April 4, 2019|Texas|

Texas

The Health and Human Services Commission is seeking input on their latest draft specialty drug list for the first quarter of 2019. Comments must be submitted by Friday, March 8.

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

2019-03-19T13:28:25-04:00March 1, 2019|Texas|
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