Legislation Updates

Legislation Update

By Rosalin Preechakul, PharmD, APh, BCPS, Legal Affairs Chair

COVID-19 pandemic has created unprecedented challenges and many policy changes have been made opening opportunities for pharmacists to be an advocate for the profession. The government had temporarily made it easier for pharmacists to provide care to patients during the COVID-19 public health emergency, but further action is needed to ensure pharmacists are fully and sustainably engaged in these expanded roles.

Immunization Under the Public Readiness and Emergency Preparedness Act (PREP Act), pharmacists are authorized to order and administer, and pharmacy interns acting under the supervision of the qualified pharmacist are authorized to administer, COVID-19 vaccinations to persons aged 3 years or older, childhood vaccines to individuals ages 3 to 18 years old.

COVID 19 Testing HHS Statements on Authorizing Licensed Pharmacists to Order and Administer COVID-19 Tests. HHS Assistant Secretary for Health Brett P. Giroir, M.D. issued the following statement:

"In an effort to expand testing capabilities, we are authorizing licensed pharmacists to order and administer COVID-19 tests to their patients. The accessibility and distribution of retail and independent community-based pharmacies make pharmacists the first point of contact with a healthcare professional for many Americans. This will further expand testing for Americans, particularly our healthcare workers and first responders who are working around the clock to provide care, compassion and safety to others."

Telehealth Flexibilities issued by HHS and CMS allow for the use of non-public-facing software, relaxed location requirements, and for pharmacists to provide telehealth services under “incident-to” arrangements with physician supervision provided virtually using real-time audio and visual technology.

Access to Medications

FDA granted flexibilities for pharmacists to compound medications in shortage under 503A and 503B for hospitalized patients without patient-specific prescriptions.

(Continued on next page)

This is the start of the 2021-2022 legislative session and we encourage our members to reach out to your members of Congress to urge them to designate pharmacists as providers. Help make sure that every member of Congress hears about the important role that pharmacists play in patient care. Send an email to your congressional representatives describing your contributions to the healthcare team and offering to serve as a resource on healthcare issues.

Below is one example of an important advocacy effort written by Dr. Michael Hogue, PharmD, FAPhA, FNAP where he urges congress to pass a law that list pharmacists as health care providers under the Social Security Act. His letter to congress was recently published on The Morning Consult which is read widely by legislators and legislative staff.

(Continued on next page)