OSPA Legislative Update (6/15/15)

It is all over except… for everything that isn’t.  The legislative Coalition had their last meeting of the legislative session last week; signaling an end to items the Coalition can influence, but not an end to the session or possible calls for assistance.  All the policy committees have stopped generating policy, now it is a matter of guiding bills through.  We may still need help with your calls to legislators, but for the moment our lobbyists are working to make sure they are in the room when discussions, often on short notice, occur.

Who knew when this session began that our emphasis and success on provider status would be paired with a huge emphasis on pharmacy increasing access to hormonal birth control; and that our best efforts on addressing PBM behavior would be deferred until the short session with some work to do before then?  Great success on provider status, but for the moment, our attempts to level the playing field with PBM’s in this session (SB 93) are likely riding on conference committee in the next few weeks.

The week’s update is below.  This week, the bills that have had substantive action are in bolded italics. If you have comments regarding legislation, simply respond by email to [email protected].  The OSPA Executive Committee will receive all comments and respond in a timely manner if requested. 

The most active legislation is listed below, click on any one description to jump to a more complete discussion.

SB 520:  Extends Age for Pharmacist Immunization Down to Age Seven

HB 2028:  Establishes Provider Status for Pharmacists and Explains Clinical Pharmacy Services

SB 93:  Establish Equal Rules for Dispensing of Chronic Medications

SB 148:  Addition of a Technician Member to the Board of Pharmacy

SB 71:  Increased Reporting Requirements to PDMP

SB 841:  Update of Medication Synchronization

HB 2879:  Authority for Pharmacist to Prescribe and Dispense Hormonal Birth Control

***Extended discussion of legislation above***

(Additional legislation is being tracked by the legislative counsel and legislative committee.  For a full listing, and text of actual bills proposed, use the bill tracking tool described below.)

SB 520:  Extends Age for Pharmacist Immunization Down to Age Seven

SB 520 has passed both chambers of the legislature and is headed for the Governor’s desk!  Thanks to all who helped to advance this legislation that will expand patient access and hopefully improve a very weak immunization rate in Oregon.  It proposed to lower the age for which pharmacists can administer immunizations from age 11 to age 7Click here to access testimony used to advance this legislation.  An article published in the Lund report can be accessed at this site: https://www.thelundreport.org/content/senate-health-moves-let-pharmacists-vaccinate-more-children.
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HB 2028:  Establishes Provider Status for Pharmacists and Explains Clinical Pharmacy Services

HB 2028A is through both chambers and on the way to the Governor’s desk. Our top priority for this session and a great outcome creating a west coast block of states with provider status.

This bill establishes provider status for pharmacists, clarifies the provision of clinical pharmacy services (CPS) and allows payment for the same, and defines CPS as provided under clinical service agreements or under protocol from Oregon Health AuthorityOSPA and the Pharmacy Coalition are actively working for passage of this bill.  Click on the following links for explanatory statements to be used in discussions related to this bill.  CPS Explanatory Statement - and - HB 2028 Statement.
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SB 93:  Establish Equal Rules for Dispensing of Chronic Medications

SB 93 with desired amendments is out of the House and headed back to the Senate, where it appears it will eventually end up in a conference committee.  The PBM’s still have the ear of the chair of the Senate Health Committee chair and so it is unlikely that the Senate will approve the House version without further discussion.  Stay tuned, hard to say where we will end up, but the House version is really the only version we have seen that advances pharmacy’s ability to advance patient care on a level playing field.  

This bill would require PBMs to allow all pharmacies to fill prescriptions for all chronic medications for 90 days, not only mail order or preferred networks.  PBM’s and payers are attempting to limit this to generics; a fallback position from their original desire to block completely.  Click here to access the original explanatory statement. Click here for new document being used on the house floor.
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SB 148:  Addition of a Technician Member to the Board of Pharmacy

SB 148 is through both chambers and on the way to the Governor’s desk. SB 148 was passed with amendments adding two pharmacy technicians to the Board of Pharmacy, in spite of support voiced by OSPA/OSHP for an amendment that would have added one technician and one pharmacist to the BoardThere is support for further expansion of the Board of Pharmacy to include two more pharmacist members in 2016 legislation, if the Board of Pharmacy wants to pursue this.
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SB 71:  Increased Reporting Requirement to PDMP

A correction; SB 71 is the version that has survived with changes to PDMP reporting.  It is ready to move to the House floor.

Initially SB 71 would have required a 24 hour turn around on the time for pharmacies to report to PDMP, which was considered unworkable by OSPA leadership given current technology.  Negotiations modified the bill, changing to a 72 hour window, and used SB 71 as the vehicle for two bills; originally 71 and 626.
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HB 2875:  Enhancements to PBM Statute (2123) Passed in 2013

Introduced initially by the Pharmacy Coalition to serve as a vehicle to tighten implementation of the breakthrough PBM legislation passed with the support of the association in 2013  (HB2123).  An explanatory statement for the associations and letter of support from NCPAcan be found here.  The bill will not move forward, but in response to testimony by pharmacists the insurance commission has specifically reached out to clarify concerns and clarify process for submitting concerns.  We will need the profession active in submitting complaints before we get to the 2016 short session. See attached documents provided by the commission.
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SB 841:  Update of Medication Synchronization

This bill currently sits in the Ways and Means Committee, since there is considered to be some fiscal impact.  There appears to be general support, but it is unlikely to move until late in the session

SB 841 modifies requirements for health plan coverage of prescription drugs dispensed in accordance with synchronization policy, seeking to complete intended implementation of a bill passed two years ago.  It would require the Oregon Health Authority to implement synchronization policy for the dispensing of prescription drugs to medical assistance recipients who are not enrolled in a coordinated care organization.  OSPA and OSHP are working with a coalition to secure passage of the bill.  A draft explanatory statement can be found here.
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HB 2879:  Authority for Pharmacist to Prescribe and Dispense Hormonal Birth Control

HB 2879 has moved along to the Senate Rules Committee and is still expected to find its way through this session.  Related, by topic only, the Governor signed a bill last week that allows for 12 month dispensing of hormonal birth control.

HB 2879 would allow pharmacists to prescribe and dispense patch and oral hormonal birth control.  OSPA has provided suggestions for an amendment that would clarify some aspects of the bill.  Primary concern is the failure to include self-administered vaginal rings and assurance that pharmacists will be allowed to consult with patients if needed (the Board of Pharmacy is certain that they can handle these late concerns by rule).  Both OSPA and OSHP have expressed support for this bill.
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You may track all of the bills being followed by our legislative counsel and legislative committee, and see the original bill text and current status, using the bill tracking software.  Click here to access bill tracking.