Legislative Update 03/02/26

 

Crossover day is coming, and you can feel it inside and outside of the Capitol. The floor sessions are getting longer and committee agendas are adding bills as soon as they drop. Crossover Day or Legislative Day 28 is a unique day in the legislative process and traditionally the floor sessions will run late into the night. For a bill to be considered by the opposite chamber, it must first “crossover” from the originating body on or before LD 28. Of course there are ways to get around this rule, but if you are a legislator it’s much easier to push a bill out of your own chamber by Crossover rather than procedural Olympics. 

 

One bill that crossed over last week is HB 1329, sponsored by Rep. Ron Stephens (R-Savannah). HB 1329, the annual Drug update bill for over fifty drugs, from Aceclidine to Zopapogene imadenovec-drba. There is added language on dispensing epinephrine nasal spray of 2mg or less over the counter. It passed the house 171-0.  

 

And one bill we are waiting to crossover is HB 810, commercial reimbursement rates. Keep your calls and text messages going in support of pushing this bill over before Crossover Day. 

 

In addition to a mad dash to get bills to the other side, it is a qualifying week for all candidates wishing to run for office, including all 236 legislators. Candidates must file paperwork with their party and pay a qualifying fee. The fee ranges from legislators paying $400 to $6,900 for Supreme Court Justice. 

 

With all this activity happening, it is likely this update will arrive in your inbox next Tuesday morning so we can bring you all the news. 

The Georgia General Assembly has completed 25 Legislative Days through Thursday, February 26. Monday, March 2 is a committee workday, followed by Tuesday, March 3 and Wednesday March 4 for LD 26 and LD 27. Thursday, March 5 is a committee workday to continue pushing out bills before Friday, March 6, Crossover Day, LD 28.  

 

Upcoming Committees:  

 

Keep your eyes on the committee meeting notices here. Committees and agendas will be added as they are scheduled. 

As a quick primer on the budget process during the legislative session, the budget proposal starts with recommendations from the Governor; a formal bill is then introduced in the House. The House Appropriations Committee and subcommittees vet the original proposal and make changes based on priorities of the House. Once passed in the House, it then goes over to the Senate where their Appropriation Committee and subcommittees also make changes. Once the bill has passed both chambers, a Conference Committee will be appointed, with leaders from both chambers meeting to negotiate directly with each other.  A Conference Committee Report will then be released as a final compromise budget, which will be voted upon by both chambers. It is then up to the Governor to sign or veto. For budgetary bills, the Governor does have line-item veto power.  

 

HB 973, or the supplemental budget for FY 2025-2026, received the Conference Committee treatment last week with appointees from both chambers directly negotiating with each other. While you can read the detailed highlights of the Conference Committee Report of HB 973 here, we have summarized some of those highlights for you: 

 

Revenue for FY26 was revised up by $1.4 billion to $43.6 billion 

 

Chairman Blake Tillery (R-Vidalia) explained the Supplemental budget well when he said it typically has been to true-up funding formulas based on population but since the pandemic there have been large surpluses that could both fund legislative priorities and refund to the taxpayer. 

 

If you would like to watch Chairman Matt Hattchett (R-Dublin) you can click here and start watching at 29:18 minutes and runs to 50:15. If you have time to watch to the end, you will see some nice parliamentary procedure of a required 2/3 vote which transmits the document immediately to the Governor. If you would like the watch the Senate explanation, you can click here and start at 4:52:10 until they vote at 5:03:01. 

 

The Conference Committee Report for HB 973 was adopted by the House 169-0 and the Senate 49-0 and is now awaiting action from the Governor.  

 

Two bills that we are watching received a second hearing in the House Health Committee on Monday of last week – HB 1138 and HB 326. 

 

HB 326, sponsored by Rep. Michelle Au (D-Johns Creek) seeks parity requirements for nonopioid pain management drug coverage in the State Health Benefit Plan (SHBP). It would mandate that qualifying nonopioid drugs receive the same deductibles, copayments, coinsurance, and coverage limitations as opioid alternatives. With most bills that were introduced in a previous year, a minor change was made in committee to reset the effective date from 2026 to 2027. HB 326 is now in the House Rules committee waiting on action.  

 

HB 1138, sponsored by Rep. Beth Camp (R-Concord) would allow pharmacists, under a joint protocol agreement, to dispense self-administered hormonal contraceptives and administer injectable hormonal contraceptives without a patient-specific prescription. The Composite Medical Board and the Board of Pharmacy would join in a joint protocol agreement and be responsible for approving training for pharmacists, self-screening risk assessments for the patient, and other requirements. 

 

Rep. Beth Camp reminded the committee that 82 counties in Georgia do not have OB-GYNS and that pharmacists are the medical professionals seen most often. Chairman Lee Hawkins (R-Gainesville) reported to the committee that the Department of Community Health advises the cost to the state would be minimal and no fiscal note was needed. Dr. Rebecca Stone, UGA Professor and GPhA member, brought her expertise to the committee, walking the members through the education pharmacy students receive around hormonal contraceptives. She also noted that pharmacists work nights, weekends, and holidays, and are accessible access points in a collaborative healthcare system. We are grateful for her advocacy on this issue.  

 

Both HB 326 and HB 1138 passed the committee and are now awaiting action by the House Rules committee.  

 HB 382 Controlled substances; Schedule I; psilocybin; revise a provision 

Sponsor Ron Stephens (R-Savannah)  

Status: In House Health; Anticipate Hearing Soon  

Drugs containing a synthetic version of psilocybin and approved by the Food and Drug Administration would not be defined as Psilocybin. This would allow for use in treatment of mental health, including PTSD, in patients. 

 

HB 810 Insurance; require that final reimbursements to pharmacies for prescription drugs are based on certain formulas 

Sponsor Rick Jasperse (R-Jasper)  

Status: Passed House Health; In House Rules, Anticipate Floor Vote Soon  

Require PBMs reimburse Pharmacies at NADAC plus the current Georgia Medicaid professional dispensing fee. If NADAC is not available, reimbursement must be based on WAC as of January 1, 2027, plus the same dispensing fee. Updated to define rural pharmacies as located in a county with a population under 35,000 and allows for higher rural reimbursement rates.  

 

HB 973 Supplemental appropriations; State Fiscal Year July 1, 2025 - June 30, 2026 

Sponsor Jon Burns (R-Newington)   

Status: Conference Committee Report Adopted; Awaiting Action from the Governor 

Supplemental Budget for FY 2026. More budget documents can be found here. 

 

HB 1138 Increasing Access to Contraceptives Act; enact 

Sponsor Beth Camp (R-Concord) 

Status: Passed House Health; In House Rules 

This bill would allow pharmacists, under a joint protocol agreement, to dispense self-administered hormonal contraceptives and administer injectable hormonal contraceptives without a patient-specific prescription. The Composite Medical Board and the Board of Pharmacy would join in a joint protocol agreement and be responsible for approving training for pharmacists, self-screening risk assessment for the patient, and other requirements.  

 

HB 1309 Practitioners; clarify that all who dispense drugs are engaged in the practice of pharmacy and shall comply with all record keeping and other requirements 

Sponsor Mark Newton (R- Augusta) 

Status: In House Health; Anticipate Hearing Soon   

This bill will explicitly require all practitioners dispensing drugs to adhere to pharmacy regulations, and grants the Georgia State Board of Pharmacy explicit authority to enforce rules and regulations governing practitioners dispensing drugs. 

 

HB 1329 Controlled substances; Schedule I; provide certain provisions 

Sponsor Ron Stephens (R-Savannah) 

Status: Passed House Judiciary Non-Civil, Passed House 171-0; In Senate Health and Human Services 

Annual Drug update bill for over fifty drugs, Aceclidine to  Zopapogene imadenovec-drba. There is added language on dispensing epinephrine nasal spray of 2mg or less OTC. 

 

HB 1332 Georgia Buy American Medicine Act; enact 

Sponsor David Clark (R-Buford) 

Status: In House Health; Anticipate Hearing Soon  

 This bill would require hospitals receiving state funds to procure prescription drugs for patient treatment from American pharmaceutical manufacturers unless extreme circumstances or patient safety dictate otherwise. 

 

HB 1344 Georgia Insurance Affordability and Claims Integrity Act; enact 

Sponsor Matt Reeves (R-Duluth) 

Status: Passed House 166-3; Awaiting Committee Assignment in Senate  

37-page bi-partisan bill raising fees and penalties that the Insurance and Fire Safety Commission may impose on entities found in violation of many code sections. If a person or entity is found to be acting as a PBM without a license or violating regulations, the violation fine would rise to $4,000 to $20,000 depending on the severity of the violation. It is currently $2,000 to $10,000.  

 

HR 948 House Study Committee on Pharmacy Benefits Managers and Consumer Access to Prescription Medications; create  

Sponsor Ron Stephens (R-Savannah)  

Status: Passed House Health; In House Rules    

Creates a House Study Committee on PBMs. Committee members would include Chairman of the House Appropriations committee, Chairman of the House Health Committee and three other members appointed by the Speaker of the House. 

  

SB 195 Pharmacies; pharmacists are authorized to dispense preexposure prophylaxis and postexposure prophylaxis under certain conditions; provide 

Sponsor Chuck Hufstetler (R-Rome)  

Status: Passed Senate 55-0; Passed House 155-7; Back to Senate for Agree/Disagree  

 

SB 440 Department of Public Health; provisions relative to duties or functions; modernize and update 

Sponsor Kay Kirkpatrick (R-Marietta)  

Status: Passed Senate 55-0; In House Public & Community Health  

Bipartisan code update dealing with the Department of Public Health. Removes outdated language on the Prescription Drug Monitoring Program (PDMP). The Georgia Department of Public Health has asked for these updates to remove the requirement that the department establish a PDMP Electronic Database Review Advisory Committee, charged with consulting with and advising the department on matters related to the establishment, maintenance, and operation of electronic prescription review. The Electronic Database Advisory Committee has not met since 2023 and was largely composed of DPH staff. The program will still engage partners in the development of improvements to the PDMP, but a statutorily established committee is no longer necessary per DPH. 

 

PharmPAC is the Georgia Pharmacy Association’s political action committee, established to advocate on behalf of all of pharmacy practice in the state to protect the rights of pharmacy employees, protect the practice of pharmacy in the state, elect candidates who champion pharmacy and pharmacists, and bring important policy issues to the attention of elected officials in Georgia.

 

PharmPAC works at the local and state levels, leading the way in influencing pharmacy-related legislation. An investment in PharmPAC is an investment in the future of pharmacy across the entire state, protecting the long-term health of the practice of pharmacy for independent pharmacy owners, employee pharmacists, and pharmacy technicians so that the vital work of these health care professionals can continue in the best interests of the people of Georgia – your patients. 

 

PharmPAC relies on donations from members and friends of GPhA -- support our advocacy efforts by making a donation today. Click here to make a one-time donation, or consider making a recurring donation here. 

These updates and alerts are a benefit of GPhA membership to keep our members in the know. GPhA believes it is valuable information to help you be a better pharmacist, pharmacy technician, and pharmacy owner.

 

You can find your representative at My Voter Page. Visit Legislative Website to find out more about your representative & senator.