November 2023 Regulatory Compliance Updates

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Compliance Updates: November 2023

Here is our monthly regulatory update. See below for changes from several states introducing legislation. A big thanks to our compliance team, who monitors state, federal, and international updates.

• Licensure Compacts
• Other Legislation
• Board Updates

Alabama:

Alabama Board of Pharmacy Rule Updates:

Rules pertaining to remote pharmacy services were amended. Effective July 1, 2023, pharmacy services can be allowed outside the confines of the permitted facility. The amendment of Code of Alabama Section 34-23-30 was approved as an emergency rule and included approval to promulgate a permanent rule regarding remote work. 

Effective August 1, 2023, pharmacists may dispense a one-time refill of up to a 72-hour supply or the smallest dispensable package size of a prescribed medication, and the pharmacist shall notify the prescriber within 24 hours of dispensing. Emergency refills remain prohibited on Schedule I or II drugs or controlled substances (CS) pursuant to Title 20, Chapter 2, or the CS list maintained by the State Board of Health. The Board of Pharmacy and the Alabama State Board of Medical Examiners, through joint rules, have begun to adopt additional rules and regulations to implement this section.

AL BOP Rule Updates

California:

Beginning August 1, 2024, all California dispensers of controlled substances will be required to report dispensations to the Controlled Substance Utilization Review and Evaluation System (CURES) using version 4.2B of the American Society of Automation in Pharmacy (ASAP) format. Data submitted using the current CURES ASAP version 4.1 format will no longer be accepted. Prompt action is recommended as the technical implementation of this update to data submission software may take considerable time. Contact your data submission software provider and confirm they are utilizing this version change.

Additional information can be located in the Department of Justice informational bulletin entitled “New File Format for Reporting to CURES” on the Office of the Attorney General’s CURES Website.

CA CURES System Update

Georgia:

Georgia State Board of Pharmacy Rule 480-2-.06 amendment allows qualified applicants to obtain temporary pharmacist licensure. Types of temporary pharmacist licensure include: pharmacy residents, service members, transitioning service members, and military spouses. 

GA BOP Rule 480-2-.06

Oregon: 

The Oregon Board of Medicine has issued a number of proposed and permanent rule updates pertaining to podiatrists, telemedicine, collaborative PA practice model, licensure processes, international medical graduates, BLS and ACLS certification requirements, and COVID-19 requirements. 

Proposed rules are as follows: 

• The implementation of HB 2584 (2023) and HB 3036 (2021) shifting physician assistants to the collaborative practice model. This rule clarifies the role of PAs, outlines their duty of care and scope of practice. It also amends and repeals aspects of the PA supervision practice model. Additionally, all PAs are required to enter into a collaboration agreement by December 31, 2023. Practice agreements will no longer be valid on January 1, 2024. Amends: 847-050
• A proposed rule amendment concerning the application for licensure. This rule would be clarified so an application for licensure expires after 12 months if not completed or if the registration fee is unpaid. An application cannot expire if it is under review by the board. Withdrawal process for applicants is updated to align the process across all OMB professions.
  Amends: 847-008-0010, 847-020-0185, 847-020-0190, 847-050-0070, 847-070-0060, 847-080-0028, 847-080-0030

Permanent rules are as follows: 

• A repeal of compliance with Oregon Health Authority’s (OHA) COVID-19 requirements. This rule rescinds provisions requiring workers in health care settings to wear masks as of April 3, 2023, and repealed the requirement of workers in health care settings to be COVID-19 vaccinated as of May 11, 2023. This Oregon Board of Medicine rule is no longer needed as the OHA has rescinded these rules.
  Amends: 847-010-0069
• An amendment to update the requirements for MD/DO licensure of International Medical School Graduates (IMG). This rule amendment removed the requirement for an IMG to speak and write in English. IMGs obtain certification by the Educational Commission for Foreign Medical Graduates, which includes passage of the USMLE. This already intrinsically confirms English proficiency. The amendment also updates the documents submitted for licensure by adding the results of a Physician Data Center Query from the Federation of State Medical Boards (FSMB).
  Amends: 847-020-0130, 847-020-0150, 847-020-0160
• An amendment to clarify BLS and ACLS certification requirements of licenses performing office-based surgery. This rule clarifies that an active American Heart Association (AHA) BLS certification or equivalent CPR course is required for licensees performing office-based surgeries. Licensees performing Level II or Level III office-based surgeries must be certified in AHA ACLS or an equivalent course.
  Amends: 847-017-0003, 847-017-0010

Pennsylvania:

Legislation has been proposed to amend the Health Care Facilities Act and add the position of Certified Medication Aide to provide additional certification for CNAs and improve patient care and quality. 

PA SB 668

Texas:

The Texas State Board of Pharmacy has announced the statewide integration of the Prescription Monitoring Program (PMP) in pharmacy management systems at no cost to pharmacies. Effective September 1, 2023, Bamboo Health’s PMP Gateway will be used to connect to the state PMP system. Questions about the new PMP system or implementation can be directed to TSBP at texaspmp@pharmacy.texas.gov or Bamboo Health at bamboohealth.com/customer-support/.

TX BOP PMP System Changes

Texas HB 1998 has been enacted which amends licensing, enforcement and administration of the Texas Physician Health Program (TXPHP) by the Texas Medical Board. The bill allows the Medical Board to administer the Texas Physician Health Program (TXPHP) and enables the board to run a continuous query of licensees on the National Provider Data Bank. It also amends the licensure process to allow the board to revoke a TX medical license if the license to practice medicine has been revoked in another state or province of Canada. If the licensee or applicant has had a license revoked in another state for reasons that would cause a license to be revoked under the rules of the Texas Medical Board, the Texas license will also be revoked. Also, applications and renewals shall include a criminal background check. This bill is effective September 1, 2023. 

TX HB 1998

Check it October’s Regulatory Update here.

Disclaimer: This information has been gathered from a variety of sources. Although Verisys has made every effort to provide complete, accurate and up-to-date information, Verisys makes no warranties, express or implied, or representations as to the accuracy or reliability of this information. The information is fluid and evolving. Verisys assumes no liability or responsibility for any errors or omissions in the information contained in this resource.