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State Legislative Issues

2019 Legislative Session - Bills Impacting Pharmacy

HB7 - Appeals Bill
Sponsors: Representative Jim Hill & Senator Jabo Waggoner
This bill would place any appeal by a pharmacist of a State Board of Pharmacy ruling in the circuit court where the Board of Pharmacy is headquartered or in the county where the pharmacist resides. APA has worked with the Board of Pharmacy and is okay with the finalized language for the bill. This bill has been moved to the House Judiciary Committee. Senator Waggoner will introduce the bill in the Senate.

HB33/SB39 - Two Line Bill
Sponsors: Representative Ron Johnson & Senator Billy Beasley
Under existing law, the dispensing of a different drug or brand of drug in lieu of a drug ordered or prescribed is prohibited except a pharmacist is authorized to dispense a less expensive pharmaceutically and therapeutically equivalent generic drug product prescribed by a licensed physician or other practitioner. A written prescription issued in this state is required to have two signature lines, one designated “dispense as written” and one designated “product selection permitted.” An oral prescription from a practitioner is required to specify whether a generic product may be dispensed.

This bill would delete the provision prohibiting the dispensing of a different drug or brand of drug and would specify that unless the physician or practitioner indicates otherwise, a pharmacist may dispense either a brand name drug or a less expensive pharmaceutically or therapeutically equivalent generic drug product. The bill would also delete the requirement for a written prescription to contain two signature lines and the specified requirement for an oral prescription.

This bill has been assigned to the House Insurance Committee. APA is in full support of the language that allows substitution to occur unless otherwise indicated by the prescriber.

Talking Points: SB39/HB33 - RX 2-Line Bill

HB34 - Technician Reinstatement Bill
Sponsors: Representative Ron Johnson & Senator Tom Butler
Under existing law, a pharmacy technician pays a penalty of $10-$20 for each year their registration is lapsed. Law also limits reinstatement to no more than five years without examination by the Board.

This bill would limit the total penalties and lapsed fees for a lapsed technician registration to a maximum of five years. This would allow an individual to reinstate their registration without the penalties and fees being excessively punitive. The bill has been assigned to the House Boards, Agencies & Commissions Committee. APA supports this bill. Senator Butler will introduce it in the Senate.

HB35 - Collaborative Practice
Sponsors: Representative Ron Johnson & Senator Tom Butler
This bill will allow an Alabama licensed pharmacist and an Alabama licensed physician to enter into a collaborative agreement to improve patient outcomes and access to care. The agreements will be written in accordance with the rules promulgated by both the Alabama Board of Pharmacy and the Alabama Board of Medical Examiners. APA is in full support. The bill has been assigned to the House Insurance Committee. Senator Butler will introduce it in the Senate.

Talking Points: HB35/SB107 - Collaborative Practice Bill

SB73 - Pharmacy Patient Protection Act - PBM Bill
Sponsor: Senator Arthur Orr
This is a PBM regulation bill that APA supports. The bill will charge the Alabama Insurance Commissioner with oversight of PBMs, provide additional gag clause legislation, and add Insurance Commissioner enforcement of last year's au
dit bill.

Session Gets Under Way

The 2019 Legislative Session began March 5. Governor Ivey immediately called a special session to focus on the Gas Tax. Alabama lawmakers returned to the statehouse today to begin the 2019 Regular Legislative Session. Legislators will take their spring break the week of March 25, then will return to Montgomery on April 1.


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