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AzPA State Advocacy
AzPA
state advocacy
AzPA Legislative Affairs Update
55th Legislature - Second Regular Session Summary
Adjourned “sine die”: June 25, 2022 General Effective Date: September 24, 2022 Days in Session: 166 Total Bills Introduced: 1,851 Bills Passed: 392 Bills Signed by Governor: 387 Bills Vetoed by Governor: 4 Bills Not Signed but Allowed to go into law: 1
Bill Number/Sponsor Action
HB 2490: Pharmacists; Providers; Collaborative Practice Agreements (Rep. Wilmeth)
Governor Ducey signed this bill on March 30th.
PASSED
Summary: Licensed pharmacists are authorized to enter a "collaborative practice agreement" with a "provider or providers" to initiate, monitor, and modify drug therapy or provide disease management assistance. Collaborative practice agreements are required to outline the duties that the provider is delegating to the pharmacist to perform and specify the medical conditions to be managed by the pharmacist. A provider who enters into a collaborative practice agreement is required to have a previously established provider-patient relationship with a patient for that patient to be eligible to be included under the collaborative practice agreement. Repeals statute regulating a pharmacist initiating, monitoring, and modifying drug therapy and use. Note: We worked with the Arizona Medical Association, Arizona Osteopathic Medical Association and other pharmacy stakeholder groups to finalize language that everyone was supportive of with the goal of modernizing and clarifying some of the language.
Summary and Notes
SB 1016: Public Health Emergency; Pharmacists; Off-label Use (Pharmacies; Off-label Use; Refusal Prohibition) (Sen. Townsend)
This bill FAILED the Senate 14-15.
DEFEATED
Summary: During a proclaimed public health state of emergency, a pharmacy is prohibited from refusing to fill a prescription order for a prescription-only drug that is being prescribed for an "off-label use" (defined) and that is potentially lifesaving. Note: This bill was a top priority to kill due to the interference with the ability of a pharmacist to use professional judgement in the practice of pharmacy.
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SB 1161: Prescription Drug Coverage; Steering Prohibition (Sen. Barto)
This bill passed out of the Senate committee 7 to 1. However, the Senate President intervened on behalf of the insurers and did not allow the bill to go to the Senate floor.
WITHDREW
SB 1374: Immunizations; Pharmacists (Sen. Shope)
Governor Ducey signed this bill on July 6th.
PASSED
Summary: Licensed pharmacists are authorized to order and administer immunizations or vaccines recommended by the U.S. Centers for Disease Control and Prevention's (CDC) Advisory Committee on Immunization Practices to a person who is at least six years of age without a prescription order, and to a person who is at least three years of age with a prescription order or under a collaborative practice agreement. A pharmacist who administers an immunization, vaccine, or emergency medication is required to provide vaccine information materials and follow the standard operating procedures based on vaccine administration protocols and immunization practices published in the CDC's morbidity and mortality weekly report. Note: Senate Health Chair, Nancy Barto refused to hear our original bill SB1373 in committee, so we put the language on SB1374 as a strike-everything amendment. We worked with the Arizona Medical Association, Arizona Osteopathic Medical Association, Arizona Family Physicians Association, and the Arizona Pediatric Association on the final language to get the doctors to neutral.
SB 1413: Pharmacists; Prescriptions; Refusal; Prohibition (Sen. Rogers)
This bill was never heard in committee.
DEFEATED
Summary: A pharmacy benefit manager is prohibited from steering or directing a patient to use the pharmacy benefit manager's affiliated provider through any oral or written communication, from requiring a patient to use the pharmacy benefit manager's affiliated provider in order for the patient to receive the maximum benefit for the service under the patient's health benefits plan, and from requiring or inducing a patient to use the pharmacy benefit manager's affiliated provider, including by providing for reduced cost sharing if the patient uses the affiliated provider. A pharmacy benefit manager, health insurer or third-party payor is prohibited from requiring a clinician-administered drug to be dispensed by a pharmacy, including by an affiliated provider, as a condition of coverage. Note: We built a large stakeholder group in support with hospitals, doctors, and patients. We were going to run a strikeeverything amendment on a bill in the House Appropriations committee, but insurers were able to get the unions to oppose the bill and we withdrew the bill due to concerns about the vote and not wanting to harm the cause for the next legislative session.
Summary: A pharmacist is prohibited from refusing to fill any valid prescription order written by any licensed health care provider. A pharmacist's refusal to fill a valid prescription order is an act of unprofessional conduct. Note: This was another legislative priority for defense. We were able to keep the bill from being heard.
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SB 1569: Pharmacy Technician Trainees; Pharmacists; Compounding (Sen. Barto)
Governor Ducey signed this bill on July 6th.
PASSED
Summary: Effective July 1, 2023, pharmacy technician trainees are required to register with the Arizona State Board of Pharmacy, instead of being licensed by the Board. The maximum pharmacy technician trainee registration application fee is $25. Pharmacy technician trainees are no longer required to have a high school diploma or the equivalent. Also modifies requirements for a “remote hospitalsite pharmacy” (defined) permittee. A remote hospital-site pharmacy permittee is required to ensure that the pharmacy is supervised by a pharmacist located in Arizona who is employed by the hospital. The pharmacist in charge is required to develop and implement procedures for obtaining, storing, and dispensing drugs for inpatient administration and devices and recordkeeping requirements. Remote hospitalsite pharmacy permittees are required to maintain a perpetual inventory of controlled substances, and to ensure that there is continuous video surveillance of the pharmacy and that videos are maintained for at least 60 days. A pharmacist is authorized to engage simultaneously in the practice of pharmacy at a reasonable number of remote hospital-site pharmacies as determined and approved by the Board. Note: This was a legislative priority of the AzPA. The bill originally dealt with changing the pharmacy technician trainees from a license to a registration in order to help relieve the staffing delays due to licensing delays. In addition, the bill was amended in committee to deal with conflicting statute around remote hospital pharmacies.
SB 1176: 340B Drug Programs; Prohibitions (Sen. Gowan)
Governor Ducey signed this bill on June 13th.
PASSED
Summary: All insurance contracts that are issued, delivered, or renewed on or after January 1, 2024 for a third party that reimburses for "340B drugs" (defined) are prohibited from discriminating in reimbursement on the basis that the pharmacy dispenses a 340B drug, and from taking other specified actions on the basis that a pharmacy dispenses a 340B drug.
Your Team
Dianne McCallister AzPA Lobbyist Kelly Fine AzPA CEO Ken Bykowski AzPA Legislative Affairs Committee Co-Chair Mark Boesen AzPA Legislative Affairs Committee Co-Chair
You can’t afford to be wrong.
You can’t afford to be wrong.
Employed Pharmacists Hospital Pharmacists Community Pharmacists Clinical Pharmacists Long-Term Care Pharmacists Nuclear Pharmacists Individual Pharmacist Professional Liability Consultant Pharmacists Self-Employed Pharmacists Volunteer Pharmacists Retired Pharmacists It’s your career. Apply at www.phmic.com/state-association Pharmacy Instructors You can’t afford to be wrong. Pharmacy Students
Who We Cover
Apply at www.phmic.com/state-association
Are You Covered?
Employed Pharmacists Hospital Pharmacists Community Pharmacists Clinical Pharmacists Long-Term Care Pharmacists Nuclear Pharmacists Consultant Pharmacists Self-Employed Pharmacists Volunteer Pharmacists Retired Pharmacists Pharmacy Instructors Pharmacy Students What if you have a second job, volunteer, or give advice to a friend or neighbor?
• Coverage Options: » Exclude Sterile Compounding » Include Sterile Compounding » Advanced Pharmacist License • Immunizations and Other Drug Administration • COVID-19 Testing and Immunizations • Drug Regimen Reviews • Medication Therapy Management • Drug or Drug-Related Research • Medication Consultation • Drug and Device Storage • Participation in Drug and Device Selection • Point-of-Care Testing
Apply at www.phmic.com/state-association
Are You Covered?
Who We Cover
Employed Pharmacists Hospital Pharmacists Community Pharmacists Clinical Pharmacists Long-Term Care Pharmacists Nuclear Pharmacists Consultant Pharmacists Self-Employed Pharmacists Volunteer Pharmacists Retired Pharmacists Pharmacy Instructors Pharmacy Students What if you have a second job, volunteer, or give advice to a friend or neighbor?
LIMITS OF LIABILITY AND WHAT WE COVER Coverage is available on a Claims-made or Occurrence basis with limits of $1 million
for each claim or occurrence and $3 million aggregate (higher limits may be available).
• Coverage Options: » Exclude Sterile Compounding » Include Sterile Compounding » Advanced Pharmacist License • Immunizations and Other Drug Administration • COVID-19 Testing and Immunizations • Drug Regimen Reviews • Medication Therapy Management • Drug or Drug-Related Research • Medication Consultation • Drug and Device Storage • Participation in Drug and Device Selection • Point-of-Care Testing
Pharmacists License Defense - $250,000 limit Board of Pharmacy Imposed Costs* - $2,500 limit HIPAA Claim Defense - $50,000 limit Assault - $25,000 limit Sexual and Physical Abuse Liability - $50,000 limit (higher limits may be available) *Costs do not include fines or penalties. Coverage may not be available in all states and territories.
Individual Pharmacist Professional Liability
Apply at www.phmic.com/state-association
Are You Covered?
What if you were named individually in a lawsuit? What if your current employer does not have the proper coverage in place to protect you?
It’s your career.
You can’t afford to be wrong. Apply at www.phmic.com/state-association
Who We Cover
Employed Pharmacists Hospital Pharmacists Community Pharmacists Are You Covered? Clinical Pharmacists Long-Term Care Pharmacists Nuclear Pharmacists Consultant Pharmacists Self-Employed Pharmacists Volunteer Pharmacists What if you were Retired Pharmacists named individually Pharmacy Instructors in a lawsuit? Pharmacy Students What if you have a second job, volunteer, or give advice to a friend or neighbor?
LIMITS OF LIABILITY AND WHAT WE COVER Coverage is available on a Claims-made or Occurrence basis with limits of $1 million
for each claim or occurrence and $3 million aggregate (higher limits may be available).
• Coverage Options: » Exclude Sterile Compounding » Include Sterile Compounding » Advanced Pharmacist License • Immunizations and Other Drug Administration • COVID-19 Testing and Immunizations • Drug Regimen Reviews • Medication Therapy Management • Drug or Drug-Related Research • Medication Consultation • Drug and Device Storage • Participation in Drug and Device Selection • Point-of-Care Testing
Pharmacists License Defense - $250,000 limit Board of Pharmacy Imposed Costs* - $2,500 limit HIPAA Claim Defense - $50,000 limit Assault - $25,000 limit Sexual and Physical Abuse Liability - $50,000 limit (higher limits may be available) *Costs do not include fines or penalties. Coverage may not be available in all states and territories. See policy for full description of coverages. Apply at www.phmic.com/state-association
What if your current employer does not have the proper coverage in place to protect you?
Who We Cover Employed Pharmacists Hospital Pharmacists Are You Covered? Community Pharmacists Clinical Pharmacists Long-Term Care Pharmacists Nuclear Pharmacists Consultant Pharmacists Self-Employed Pharmacists Volunteer Pharmacists What if you were Retired Pharmacists named individually Pharmacy Instructors Pharmacy Students in a lawsuit? What if you have a second job, volunteer, or give advice to a friend or neighbor?
LIMITS OF LIABILITY AND WHAT WE COVER Coverage is available on a Claims-made or Occurrence basis with limits of $1 million
for each claim or occurrence and $3 million aggregate (higher limits may be available).
• Coverage Options: » Exclude Sterile Compounding » Include Sterile Compounding » Advanced Pharmacist License • Immunizations and Other Drug Administration • COVID-19 Testing and Immunizations • Drug Regimen Reviews • Medication Therapy Management • Drug or Drug-Related Research • Medication Consultation • Drug and Device Storage • Participation in Drug and Device Selection • Point-of-Care Testing
Pharmacists License Defense - $250,000 limit Board of Pharmacy Imposed Costs* - $2,500 limit HIPAA Claim Defense - $50,000 limit Assault - $25,000 limit Sexual and Physical Abuse Liability - $50,000 limit (higher limits may be available) *Costs do not include fines or penalties. Coverage may not be available in all states and territories. See policy for full description of coverages. Apply at www.phmic.com/state-association Pharmacists Mutual Insurance Company 808 Highway 18 W | PO Box 370 | Algona, Iowa 50511 P. 800.247.5930 | F. 515.295.9306 | info@phmic.com
Looking for Personal Insurance?
Call today for a free no obligation proposal.
What if your current employer does not have the proper coverage in place to protect you? What if you have a second job, volunteer, or give advice to a friend or neighbor?
• Coverage Options: » Exclude Sterile Compounding » Include Sterile Compounding » Advanced Pharmacist License • Immunizations and Other Drug Administration • COVID-19 Testing and Immunizations • Drug Regimen Reviews • Medication Therapy Management • Drug or Drug-Related Research • Medication Consultation • Drug and Device Storage • Participation in Drug and Device Selection • Point-of-Care Testing
Pharmacists License Defense - $250,000 limit Board of Pharmacy Imposed Costs* - $2,500 limit HIPAA Claim Defense - $50,000 limit Assault - $25,000 limit Sexual and Physical Abuse Liability - $50,000 limit (higher limits may be available) *Costs do not include fines or penalties. Coverage may not be available in all states and territories. See policy for full description of coverages. Apply at www.phmic.com/state-association Pharmacists Mutual Insurance Company 808 Highway 18 W | PO Box 370 | Algona, Iowa 50511 P. 800.247.5930 | F. 515.295.9306 | info@phmic.com
Looking for Personal Insurance?
