2021 Legislative Update: Week 5
Legislative Days 13 – 16
And just like that, four percent of Georgia’s 2021 legislative session is on the books. While there were not an overwhelming number of pharmacy bills introduced, week 5 still proved to be consequential.
SB 46 (pharmacist vaccine expansion) was the subject of some attention, as there appeared to be an organized effort to oppose the legislation, including representations to senators that, amongst other things, the bill would mandate that patients receive certain vaccines. Of course, the bill does not contemplate any such vaccination mandate, and that point was driven home at the Senate Health and Human Services Committee meeting, in which the bill was favorably reported by substitute.
At the hearing representatives from GPhA, the Georgia Nursing Association, the Medical Association of Georgia, the Georgia Retail Association, the Georgia Hospital Association, CVS, and the Georgia Department of Public Health spoke out in support of the bill and its benefits to public health. In addition, online support was provided by Rx in Reach Georgia Coalition. The day of the hearing, many GPhA members also reached out to members of the committee in advance of the hearing to voice their support for the bill.
If passed, this bill will expand vaccines pharmacists and nurses can administer, pursuant to a protocol to all ACIP recommended vaccines for adults, as well as vaccine for an illness that have resulted in a public health emergency. Thus, if passed pharmacists would be able to administer, amongst other things, vaccines for COVID-19, Hepatitis A and B, TDAP, MMR, and HPV.
Legislation Introduced in Week 5
Introduced by Representative Ron Stephens, this bill looks to expand pharmacist to technician ratio from three to four technicians, provided that if a pharmacist is supervising four technicians then two of the four would need to be certified.
Representative Butch Parrish introduced the annual drug update bill that changes certain provisions relating to drug schedules for controlled substances and the definition of dangerous drug.
Previously Introduced Legislation
Representative Cooper’s bill seeking to eliminate duplicative state licensure and regulation of clinical laboratories was heard in the House Health and Human Services Committee and favorably reported via substitute. The substitute contained several changes requested by GPhA including clarifications with regard to CLIA waivers, the ability to sell HIV tests cleared by the FDA for home use, and the inclusion within the definition of pharmacy care of pharmacists administering tests that have been cleared by the FDA for home use. This authority currently resides in Georgia’s clinical laboratory code section which the bill seeks to eliminate so we are seeking to move the authority to the Pharmacy Practice Act.
GPhA is grateful to Representative Cooper and the Georgia Department of Community Health for working with GPhA to make these important changes to the bill.
Representative Kelley’s bill extending COVID-19 immunity protections for businesses and healthcare providers to July 2022 continues to move at a rapid pace, being favorably reported out of committee and the passing out of the House. It will now be considered by the Senate.
A Word on Pharmacist COVID-19 Testing
As you are likely aware, since the early days of COVID-19 testing, pharmacists have centrally figured into the equation with both large national chain pharmacies and independent pharmacies, performing COVID-19 tests for their patients both in Georgia and nationwide. Pharmacists in Georgia have been performing these functions pursuant to authority granted to them by US HHS pursuant to the PREP Act during the period of federally declared emergency.
The federally declared emergency is eventually going to expire, but the need to continue to test for COVID-19 is expected to remain. Thus, if pharmacists are going to be able to continue to administer COVID-19 testing, Georgia law is going to need to be changed. Over the last several weeks, GPhA has engaged with stake holders in an effort to continue to find a path forward for such change to the law.
The Medical Association of Georgia (MAG) remains opposed to a change in Georgia law allowing pharmacists to conduct COVID-19 testing. And while GPhA respects MAG’s position, it does not mean we agree with it. For the good of Georgia patients, GPhA anticipates legislation being introduced in the coming weeks to make just such a change in the law. In so doing, patients will gain greater access and flexibility to COVID-19 testing after the expiration of the EUA. It is important to note that while GPhA and MAG enjoy an excellent relationship, and very much want that to continue to be the case in the future, sometimes there are different perspectives on an issue, and we have reached one of those occasions on the issue of COVID-19 testing.
However, while not in agreement on this particular issue, GPhA and MAG’s relationship has born significant fruit over the last several years including collaborations on opposition to mergers, working together on PBM reform, advocating for greater transparency, and the promulgation of PBM regulations. We anticipate such collaborations to continue despite being at odds on the issue of COVID-19 testing. There will be more to come on COVID-19 testing in the weeks to come but we are going to rely on you, our members, to help let legislators know how important pharmacists are in assuring the public has continued access to COVID-19 tests in the months and years to come including the testing of both symptomatic and asymptomatic patients.
