Contents:

PHYSICIAN DISPENSING-
(HB) 1483

BIOSIMILAR SUBSTITUTION - HB 751 / SB 542

HONORING PRESCRIPTIONS - HB 628

MEDICATION SYNCHRONIZATION - HB 3025

EPINEPHRINE AUTO-INJECTOR - HB 1550 / SB 1361 


 

 

Legislative Update

With a little more than a month left in the 2015 regular session of the Texas Legislature, activities are in full swing. Issues either are on their last legs or frantically trying to make their way through the process. The importance of vigilance becomes even greater; and as time gets shorter, legislative hearings and debates get longer.

Before reviewing a few of the key bills for Pharmacy, on behalf of Texas pharmacists, pharmacy technicians and pharmacy students, TPA wants to acknowledge the leadership, support and hard work of the members of our Pharmacy Advocacy Group (PAG) throughout this legislative session.  Many very important and impactful bills have been introduced and are finding success because of their efforts and our united front.  The list of our joint legislative priorities is long.  Those issues noted below are just a few of the PAG’s various lists of priorities.  Future updates will include more of the remaining issues being pursued.

TEXAS PHARMACY ADVOCACY GROUP

Here is an update on a few of the bills on TPA’s radar:

These bills would authorize physicians and therapeutic optometrists to dispense aesthetic pharmaceuticals directly to patients.  Pharmacy came out in force against this bill on April 7th when the House version was considered in the Public Health committee.  Despite pharmacy’s tremendous opposition, the bill was reported favorably by the committee in an 8-1 vote the following week.  However, the list of aesthetic pharmaceuticals was decreased from 11 to 3 drugs.  A small win for patient safety.

While the House bill passed its first legislative hurdle, there are numerous other challenges, committees and debates that it has to overcome.  The next step involves the House Committee on Calendars which will determine if and when to place the bill on the calendar for debate on the House floor.  The Association sent another Action Alert last week about your grassroots role.  As you know, this important and critical issue requires pharmacy to continue and strengthen its opposition to the bill while it is in Calendars.  TPA will keep you posted as to next steps.

These bills would authorize a pharmacist to substitute a biologic drug with an FDA-approved BIoSimilar medication.  As the FDA increases the number of approved BioSimilar pharmaceuticals for interchangeability, the authority for a pharmacist to be able to substitute will become more important.

Following extensive negotiations led by TPA with the bill’s House Sponsor and members of the pharmaceutical coalition, a deal was struck.  One of the more important changes regarded the requirement to notify the physician.  In the substitute version of the legislation, the claims adjudication process will suffice for physician notification. Pharmacy’s subsequent support helped this bill to be approved by the House Public Health Committee and be passed by the Texas House.  It now is awaiting Senate action.  TPA is proud be leading this effort.

Under this bill, a pharmacist would be required to accept a prescription by a physician as valid.  This concept represents a tremendous risk to public safety as a pharmacists would no longer have the authority to use their professional judgement on whether to fill a prescription for their patients.  TPA has worked with the Public Health Committee to express our concerns with this extremely problematic and troubling piece of legislation and requested that this bill not be given a public hearing.  At this time, it appears that there will not be a hearing.

This legislation would allow a pharmacist to synchronize a patient’s medication and to be reimbursed for filling a partial prescription when necessary to synchronize the patient’s medications.  HB 3025 was heard in the House Insurance Committee on April 8.  TPA testified in support and was able to encourage 112 pharmacists and student pharmacists to fill out witness affirmation forms in support of the bill.  This represents one of the largest volumes of direct pharmacy support for a piece of legislation being heard in committee ever.  The bill is still pending in the Insurance Committee to be voted out.

Under these bill’s, a pharmacist would be authorized to administer an epinephrine auto-injector to a patient in an emergency situation and would receive liability protections for doing so.  This public safety bill was filed by TPA this session after hearing from several pharmacists about its need.

On April 7, the Public Health Committee heard testimony from TPA President Charlotte Weller and TPA Past-President Carole Hardin-Oliver regarding the importance of this legislation.  The bill received a vote of 10-0 in favor the following week, clearly showing that the committee also saw the need for this authority.  The bill now has been received by the House Committee on Calendars and soon should be scheduled for House floor debate.

As the session nears adjournment, the outcome of many of the bills being promoted by TPA and other pharmacy organizations continue to make progress.  All signs indicate positive results for Texas pharmacy this year.

TPA will continue to keep you posted.  And starting in May until the end of this legislative session, TPA will have weekly video streaming advocacy updates covering actions that have taken place during the week. These updates will be posted by 8:00am every Thursday and will last no more than 5-10 minutes.

This Advocacy Update is for members of the Texas Pharmacy Association and pharmacy supporters. TPA, 6207 Bee Cave Road, Suite 120,, Austin, Texas 78746
800.505.5463.

According to Texas Government Code 305.027, this material may be considered "legislative advertising." Authorization for its publication is made by Joe A. DaSilva, CEO, Texas Pharmacy Association.