2021 Legislative Update: Week 7

Week 7 Update: Legislative Days 20 – 24

There was no action this week on GPhA’s priority piece of legislation, SB 46 (pharmacist vaccine expansion), but remember that it has already passed out of the Senate and awaits consideration in the House. It has been assigned to the House Health and Human Services Committee and we look forward to a hearing on this bill in the coming weeks. 

This week the final adjournment schedule has been set with cross-over day (the day a bill must cross over from its originating chamber) scheduled for March 8, and legislative day 40 (sine-die) scheduled for March 31.  

Reaching the halfway point and beyond in week 7, it was a busy week for committees. Several  bills GPhA is watching were heard either in subcommittee or full committee and GPhA also offered testimony throughout the week.  

In addition, several bills were introduced in week 7 which GPhA will be watching.  Also, HB 653, a critically important bill for public health and pharmacy was filed by Representative Rick Jasperse on legislative day 24. This bill expands the definition of “pharmacy care,” in Title 26 to include pharmacists conducting (1) COVID-19 testing; and (2) pharmacists conducting tests that have been approved by the FDA for home use. Pharmacist COVID-19 testing has been a central part of the state and nation’s public health response, but pharmacist authority is tied to the national health emergency and is not currently contemplated under Georgia law. This bill allows pharmacists to continue to conduct COVID-19 testing outside the period of national emergency. With regard to home use tests, pharmacist authority already exists in Georgia’s Clinical Lab Act, but this legislation looks to include the authority in the Pharmacy Practice Act as well. GPhA is grateful to Representative Jasperse for bringing this important piece of legislation.   

Finally, GPhA held its second virtual Day at the Dome event via zoom with UGA and PCOM participating.  Students heard from, amongst others, GPhA President Wes Chapman, Dr. Liza Chapman, and GPhA CEO Bob Coleman.

Other Legislation Introduced in Week 7

HB 601

Introduced by Representative Stephens, this bill provides that the definitions of low THC oil, marijuana, and tetrahydrocannabinols do not include certain federally approved products and removes Epidiolex as a Schedule V controlled substance. 

HB 645

This bill, introduced by Representative Gravely, makes several changes to Georgia’s existing medical cannabis law. These changes include, amongst other things, changes to O.C.G.A. 16-12-206 which deals with pharmacy dispensing of low THC oil. This bill still contemplates the Georgia Board of Pharmacy (BOP) creating a specialty dispensing license but appears to restrict the license to independent pharmacies. In addition, current law contemplates the BOP promulgating rules regarding dispensing jointly with the Cannabis Commission, but this bill would have the BOP separately promulgating rules for dispensing of low THC by pharmacies. GPhA remains actively engaged in discussions on this legislation.  

SB 215

Introduced by Senator Walker, this bill authorizes certified medication aides to administer certain medications to patients in nursing homes. This legislation also contemplates nursing homes that use certified medication aides to secure the services of a licensed pharmacist as part of a nursing homes quality assurance functions to perform, amongst other things, periodic medication reviews and monitoring compliance with established policies and procedures for medication handling and storage. This legislation is moving quickly as it was introduced, favorably reported by committee, and passed by the Senate all in week 7. GPhA will continue to monitor and engage if necessary.   

Previously Introduced Legislation

HB 73

Representative Hugley’s bill looking to cap insulin copays at $50 for a thirty-day supply was heard in the House Insurance subcommittee and was favorably reported by the subcommittee.  GPhA testified in support of this legislation and provided several examples of recent exorbitantly high insulin copays. This legislation now awaits a hearing by the full Insurance Committee.

HB 93

Representative Cooper’s bill seeking to eliminate duplicative state licensure and regulation of clinical laboratories was favorably reported by the Senate HHS Committee.  On the House side GPhA had secured several changes in this legislation which remain in the bill. 

 HB 367

Representative Parrish’s annual drug update bill was passed by the House. 

HB 447 & HB 448

Representative Knight’s state health benefit plan transparency bill and Medicaid transparency bill were both heard by the House Special Committee on Access to Quality Healthcare. Several stakeholders testified against this legislation.  GPhA and the Dental Association testified in support of this legislation. This was a hearing only and there was no vote on the bills.  

HB 454

Representative Newton’s bill providing for certain coverage requirements concerning providers that become out-of-network during a plan year was favorably reported by the House Special Committee on Access to Quality Healthcare. MAG and GPhA offered testimony in support of this legislation.  

SB 80

Senator Kirkpatrick’s prior authorization legislation was favorably reported by the Senate Health and Human Services Committee via substitute. Several stakeholders including PCMA testified against this legislation. MAG, the Georgia Dental Association, and GPhA all testified in support of this legislation at the subcommittee level.

SB 92

Senator Robertson’s bill prohibiting the sale to and by minors of OTC drug products containing dextromethorphan was favorably reported by the Senate Judiciary Committee via substitute.  GPhA has secured several changes in this legislation over the several years it has been introduced and continues to monitor as it makes its way through the legislative process.