News from American Pharmacies, a Co-Op Owned by Independent Pharmacies.

Texas State Board of Pharmacy

I am testifying on your behalf today at a TSBP hearing on proposed rules regarding pharmacist presence in the pharmacy and physical security. After TSBP's response to our comments the first time they published the rules not only missed the mark but added to the onerous nature of the rules, we requested this hearing.

The bottom line regarding pharmacist presence in the pharmacy is that no prescription can leave the pharmacy without the pharmacist's approval. Adding layers of bureaucracy to the existing state and federal regulations is expensive to enforce and insults the pharmacist's professionalism.

And we have serious concerns about the cost to small business independent pharmacy to meet the structural requirements. The question remains as to what to do with existing pharmacies purchased by a new owner? Will the rules mandate retrofitting, or will the grandfather clause apply?

Texas Medicaid

No doubt you remember the problems caused by the sudden unavailability of Tylenol or its generics when McNeil pulled out of the CMS rebate program. Neither CMS nor Texas Health and Human Services Vendor Drug Program notified pharmacists or vendors of the change.

We ran interference for you with Texas Medicaid, but found it difficult to get a direct answer to our urgent questions. So we communicated with the staff of the House Human Services and the Senate Health and Human Services committees, as well as staff in the lieutenant governor's and speaker's offices.

Obviously we had a positive impact because last week when the FDA recalled all strengths of Digitek due to some concerns about product potency, it was handled differently. This time the Vendor Drug Program checked with various wholesalers about the availability of other generics and the name brand Lanoxin and removed the MAC on Lanoxin so it will pay without "brand necessary" on the original Rx.

NCPA 40th Annual Conference on Legislation and Government Affairs

APRx Chairman Lynn Everett, RPh, Vice Chairman Vance Oglesbee, RPh, and I will attend the National Community Pharmacists Association legislative conference May 19-21. While in D.C., we will visit with Texas congressional offices about the top three national issues: Medicaid AMP fix legislation, Medicare Part D Prompt pay, and HR 971 pharmacy business negotiations bill.

Stay tuned!