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New Pharmacy Laws Now in Effect!
The following new laws are the end result of years of hard work by volunteers, collaborative organizations, and OPA staff. We thank you - our OPA members - for your continued support. There's more to come...
As we previously reported, in December Governor John Kasich signed several pieces of pharmacy legislation into law. Now, this week, those bills become law. See below for information on the new laws taking effect.
HB 394: Immunization Access Expansion - Effective March 19!
HB 394, which goes into effect on March 19, now allows both pharmacists and pharmacy interns to:
- Administer all CDC-recommended vaccines to patients who are 13 years of age and older, without a prescription;
- Administer all CDC-recommended vaccines to patients who are 7 years of age or older and up to 12 years of age, with a prescription;
- Administer the flu vaccine to all patients who are 7 years of age or older, without a prescription.
The Ohio State Board of Pharmacy has also released a guidance document so that pharmacies can be sure they are compliance with the law. That document can be accessed here.
OPA is working on a supplemental home-study article for pharmacists & pharmacy interns whose previous training did not include the additional vaccines and diseases. Once the home-study is approved by the board of pharmacy, it will be available for purchase on the OPA website, www.ohiopharmacists.org.
OPA is also updating its current draft protocols to reflect the changes and is creating draft protocols for the additional vaccines that pharmacists and pharmacy interns will be able to administer. The new protocol package will also be available for purchase on the OPA website.
SB 258: Pharmacy audit standards - Effective March 23!
SB 258, the fair pharmacy audit act goes into law on March 23. The act, which passed through both Senate and House chambers unanimously, establishes standards for the performance of pharmacy audits by pharmacy benefit managers (PBMs) and other auditing entities. SB 258 will make auditors subject to reasonable standards by placing guidelines on when and how audits are conducted. These standards include:
• providing the pharmacy at least 10 days notice of their intent to audit;
• providing the pharmacy at least 7 days notice of the range of prescription numbers that will be subject to audit;
• allowing recoupment only if the errors are substantive and not merely typographical or clerical in nature;
• limiting the practice of extrapolation under most conditions;
• establishing a written appeals process that clearly defines timelines for appealing audit findings;
• requiring that an audit go back no further than two years from when a prescription was filled.
Note: A pharmacy can also do any of the following when a pharmacy audit is performed:
• Validate a pharmacy record by using original or photocopied records from hospitals, physicians, or other health care providers;
• Validate one or more claims for payment for the provision of dangerous drugs or pharmacy services by using either of the following:
- An original pharmacy record or photocopy of the record;
- An original prescription or photocopy of the prescription in any form that constitutes a valid prescription in this state.
• Resubmit a disputed or denied claim for payment using any commercially reasonable method of resubmission, including resubmission by fax, mail, or electronic means.
Note: After a pharmacy audit is completed:
• A pharmacy has at least 30 days from the date of the on-site audit to provide the auditing entity any additional information necessary to complete the preliminary audit report.
• The auditing entity shall deliver a preliminary audit report to the pharmacy that was the subject of the audit within 60 business days of the completion of the audit.
• A pharmacy that disputes any finding in the preliminary audit report may submit documentation to the auditing entity to appeal the finding. The pharmacy has within 30 business days to make the submission and may request an extension of the time period given.
• An auditing entity shall deliver a final audit report to the pharmacy within 120 business days after the pharmacy's receipt of a preliminary audit report.
With the new law going into effect this week, please keep these provisions in mind moving forward. If you are subject to an audit and you feel that the new law is not being followed, please contact Antonio Ciaccia at OPA at aciaccia@ohiopharmacists.org.
HB 326: Diabetic Shoe Fitting - Effective March 23!
HB 326 addresses a severe lack of diabetic shoe fitters in Ohio by allowing pharmacists and pharmacy interns to offer diabetic shoe fitting services to their patients. The act goes into effect on March 23.
The Ohio State Board of Pharmacy has also released a guidance document so that pharmacies can be sure they are compliance with the law. That document can be accessed here.
Outside of the support of volunteers and members, and the work of OPA's legislative staff in building coalitions and meeting with legislators, supporting political campaigns is a huge part of the advocacy process. We need to build on these recent success by working towards even bigger goals in 2015. Please consider financial support of our legislative efforts by contributing to the OPA Pharmacy PAC. 100% of Pharmacy PAC money contributed by pharmacists goes to help candidates who support pharmacy in Ohio.
