The legislature adjourned sine die at 6:00 p.m. on May 29. Prior to adjournment, the Senate and the House finalized the $321.3 billion state budget for the two-year cycle beginning on September 1, 2023. They also passed and sent Gov. Greg Abbott (R) several bills of interest to pharmacies, including: 

• HB 25, creates the Canadian Wholesale Prescription Drug Importation Act to provide lower cost prescription drugs for consumers; 
• HB 4990, establishes the Texas Pharmaceutical Initiative governing board and advisory council, a Texas State PBM; 
• HB 1283, retains the single Medicaid managed care organizations formulary and preferred drug list; 
• SB 2173 requires the Texas State Board of Pharmacy (TSBP) to develop and implement a prescription drug safe disposal pilot program. 

Also in Texas, unfortunately on day 138 of the 140-day Texas legislative session, HB 1105, the PREP Act permanent immunization legislation that passed both houses with more than a 2/3's vote, died at midnight because Sen. Lois Kolkhorst (R) refused to appoint Senate conferees to negotiate with House conferees on the anti-COVID mandate amendments the Senator added to the bill before it passed the Senate on May 23. 

Finally in Texas, on May 24, the House General Investigating Committee released information regarding its investigation of Attorney General Ken Paxton (R). Paxton had met with legislators early in session requesting $3.3 million of taxpayer's money in the state budget to settle a lawsuit between the Attorney General and former staff members. The lawsuit revealed the four former executives were fired in retaliation for reporting the Attorney General to authorities which violated the Texas Whistleblower Act. On May 27, the full House debated HR 2377, the 20 articles of impeachment. The resolution passed with a vote of 121 to 23 and was delivered to the Senate where the trial will begin by August 28. Gov. Greg Abbott (R) appointed John Scott to serve as the short-term interim Attorney General until a decision in the impeachment trial is reached. 

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

HB 1105, by Sen. Pete Flores (R) and Rep. Four Price (R), legislation that lowers the age to three years old and up for pharmacies to administer all vaccines and immunizations, is awaiting a hearing date in the Senate Health and Human Services Committee. NACDS and Texas Federation of Drug Stores’ (TFDS) chain pharmacists and independent pharmacists descended on the Capitol this week to educate all 31 Senate offices on the merits of the bill, sharing a Coalition letter signed by 13 Texas organizations, and passing out several pharmacy groups one-pagers explaining the bill. Late Thursday evening, the bill was posted for an 8:00 a.m. hearing on Friday morning in the Senate Health and Human Services Committee. Then an hour later, the Committee Chair, Senator Lois W. Kolkhorst (R), removed the bill from the agenda because of a disagreement with Sen. Flores. 

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

for HB 1105, by Rep. Four Price (R), legislation that lowers the age to three years old and up for pharmacies to administer all vaccines and immunizations, was referred to the Senate Health and Human Services Committee for a hearing.

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

HB 1105 by Rep. Four Price (R), legislation that lowers the age to three years and up for pharmacists, pharmacist interns and certified pharmacy technicians to administer all vaccines and immunizations without a patient specific prescription or medical order, was approved on the full House second reading on May 4th by a vote of 113 to 28. The bill is up for third reading on April 5th. 

Also in Texas, HB 4990, Rep. Greg Bonnen's (R) Texas Pharmaceutical Initiative, establishing a state PBM aimed at lowering costs and providing access to prescription drugs and other medical supplies for state employees, dependents and retirees of public higher education systems and institutions, Employees Retirement System members, Teacher Retirement System members, persons confined by the Texas Department of Criminal Justice or the Texas Juvenile Justice Department, recipients of Medicaid, and enrollees of the Children's Health Insurance Program. It was amended in the House and passed on May 2 by a vote of 128-12-1. The companion bill filed by Sen. Lois Kolkhorst (R) was heard in the Senate Health and Human Services Committee that she chairs on April 19 and was left pending. 

Finally in Texas, HB 1283, legislation NACDS supports that would maintain the single formulary and preferred drug list for Medicaid, passed the House on May 3rd by a vote of 146-0. 

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

HB 1105 by Rep. Four Price (R), legislation that lowers the age to 3-years old and up for pharmacists, pharmacist interns and certified pharmacy technicians to administer all vaccines and immunizations without a patient specific prescription or medical order was voted favorably out of the House Public Health Committee on April 26th by a 7-4 vote. 

Also in Texas, on April 25th, the House Human Services Committee held a hearing on HB 1293, Rep. Toni Rose’s (D) Medicaid rate floor bill that all pharmacy groups support, would require PBMs’ pharmacy reimbursement to at least cover the pharmacy costs. Committee members questioned Priscilla Parrilla with the Health and Humans Services Commission’s Vendor Drug Program about the concerning fiscal note, and requested VDP (Vendor Drug Program) provide the committee with more information on how that was calculated. The bill was left pending in the committee. 

Also in Texas, on April 26th, the Senate Health and Human Services held a hearing on SB 1619 by Sen. Charles Perry (R), legislation supported by all pharmacy groups that would prohibit the Health and Human Services Commission’s Vendor Drug Program from including any discount price offered for the prescription drug, including a discount offered through a third-party discount card when defining the price of a prescription drug for purposes of determining the Usual and Customary (U&C) reimbursement rate for Medicaid. The bill was left pending in the committee. 

The Senate Health and Human Services also took testimony on SB 1137 by Sen. Charles Schwertner (R), PBM ERISA (Employee Retirement Income Security Act) reform legislation being led by the Texas Pharmacy Association and the Texas Pharmacy Business Council that is supported by all pharmacy groups. The companion bill by Rep. Tom Oliverson (R), HB 2021, was heard in the House Insurance Committee on March 21st. Both bills were left pending in committee. 

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

Walgreens pharmacist Aimee Lusson testified at the House Public Health Committee on March 27 in support of HB 2088 by Rep. John H. Bucy III (D), on emergency insulin supply legislation. 

Also in Texas, Rep. Tom Oliverson's HB 1543, legislation establishing a statewide standing order for prescribing an opioid antagonist, will be heard in the House Public Health Committee on April 3. 

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

To show legislators that this year pharmacies are a united front on PBM issues, NACDS submitted a support letter to the Texas House Insurance Committee on PBM ERISA reform legislation being led by the Texas Pharmacy Association and the Texas Pharmacy Business Council, HB 2021. A hearing was held on March 21.

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

The deadline to file bills was Friday, March 10^th.

Also in Texas, Rep. Julie Johnson (D) filed HB 3774, legislation providing pharmacists with liability protections when dispensing certain medications that could be used for an abortion.

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

Legislation has been filed in both the House and Senate that would prohibit the Health and Human Services Commission’s Vendor Drug Program from including any discount price offered for the prescription drug, including a discount offered through a third-party discount card when defining the price of a prescription drug for purposes of determining the Usual and Customary (U&C) reimbursement rate for Medicaid. These bills include SB 1619 by Sen. Charles Perry (R) and HB 3214 by Rep. Donna Howard (D).

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