OSPA Legislative Update (7/6/15)

With a short week at the end of a long session, the only substantive news is SB 841 making it off the floor and heading to the Governor’s desk.  A pause in the action doesn’t have to mean a pause in our action.  What’s next?  What should we/you be doing?

  • Become familiar with our legislative successes and start thinking what they could mean for your practice, your patients and you.
  • Sign on and send a letter of support to federal legislators encouraging them to support provider status nationally as described in H.R. 592 and S. 314.
  • Track and document poor business practices by PBM’s so that we will have the data we need to go back to the short session in 2016 and level the playing field for all pharmacies.
  • Send a note to your state legislator recounting how important HB 2023 will be for their constituents and thank them for their support.

Again, extended discussion of key legislative concerns is below, click on any one description to jump to a more complete discussion.  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. 

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:  Establishes 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

HB 2875:  Enhancements to PBM Statute (2123) Passed in 2013

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

Signed by the Governor; effective date June 8, 2015.  Watch for CE at the Fall OSPA meeting specific to implementation. 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

Signed by the Governor, effective date June 11, 2015. 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 Authority.  OSPA 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

On the way to the Governor’s desk.   A summary of the current status of the bill was included in a recent issue of the Lund report at https://www.thelundreport.org/content/senators-fix-snag-bill-requiring-90-day-supplies-chronic-medications.  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.  PBMs 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

Signed by the Governor; effective date June 8, 2015.  Terms begin January 1, 2016.  SB 148 adds 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 the 2016 legislation, if the Board of Pharmacy wants to pursue this.
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SB 71:  Increased Reporting Requirement to PDMP

Signed by the Governor.  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 it to a 72 hour window, and used SB 71 is 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:  PBM Insurance Code and Consumer Complaint Form PBM-2015.
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SB 841:  Update of Medication Synchronization

This bill is finally through the floor and headed to the Governor’s desk.  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

On the way to the Governor’s desk.   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.