Legislative Update 03/10/26

 

Crossover day has come and gone, and everyone, including GPhA, is reviewing where bills stand, what was changed during the mad dash, and plotting moves for the next 12 Legislative Days.    

 

Sadly, HB 810, did not cross over to the Senate. HB 810 was sent back to committee early last week. It was amended to only cover independent pharmacies and define those pharmacies as those with an ownership or ownership interest of ten or fewer pharmacies. GPhA did not ask for this change and firmly believes that the reimbursement rates in HB 810 should apply to all pharmacies not owned by a PBM. In spite of those changes, GPhA and our members continued to support the bill and lobby for its approval in the House. We are committed to working with our pharmacy-affiliated friends, and of course you, our members, to continue advocating for fair commercial reimbursement rates. Our lobby team is still assessing what this looks like and other avenues we can take towards this goal.   

 

Early last week HB 139, a 340B program bill, sponsored by Rep. Todd Jones (R-Forsyth), was tabled in the House Health Committee.  A substitute or updated version of the bill was presented to committee members and this new version would ensure that pharmaceutical manufacturers cannot block or restrict 340B discounts for covered entities that utilize contract pharmacies, which aligns with Health Resource and Service Administration (HRSA) guidance and allows eligible hospitals, Federally Qualified Health Centers (FQHC)s, Ryan White Clinics, Children’s Hospitals and other eligible covered entity types to continue receiving discounted drugs to enable them "to stretch scarce federal resources as far as possible, reaching more patients and providing more comprehensive services." HB 139 would align Georgia with other states like Arkansas, Louisiana, and Minnesota, which have already passed laws protecting contract pharmacy arrangements.  

 

Amanda Gaddy, Director of Clinical Services with GPhA’s AIP, was on hand to answer questions from the members of the committee on this complex subject.  We appreciate Amanda and all of the advocates that spoke during this two-hour hearing. GPhA will continue to support updates to the 304B program to ensure that all pharmacies that want to participate in the program are able.  Pharmacies have been fighting for a fair program – fair for the patient and fair for pharmacies.   

The Georgia General Assembly has completed 28 legislative days through Friday. March 6. Monday, March 9, was legislative day 29. Tuesday, March 10, is Legislative Day 30. Wednesday, March 11, is a committee workday, and this week’s action will wrap up on Thursday, March 12, for legislative day 31.  

 

As of the drafting of this newsletter, House Appropriation is scheduled to meet in the morning of Monday, March 9, and is anticipated to pass HB 974, the budget for fiscal year 2026-2027 out of committee. We will report on this next week as it progresses through the legislature.  

 

The committee meeting notices here. Expect more committees to be added after legislators, capitol staff and lobbyists have had a chance to rest, reset, and figure out where bills stand after Crossover Day.  

Two pharmacy bills that did make it out of House and over to the Senate were HB 1138 and HB 382. 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. HB 1138 passed the House 162-4 on Wednesday of last week and is currently awaiting action by the Senate Health and Human Services committee.  

 

HB 382, sponsored by Rep. Ron Stephens (R-Savannah), passed the House late Friday night by a vote of 167-0. Earlier in the week, HB 382 was substituted with a new version in the House Health Committee.  The original HB 382 would allow patients access to psilocybin and lysergic acid in anticipation of these drugs receiving FDA approval. Rep. Stephens informed the members of the committee and chamber members that these drugs commonly referred to as LSD and magic mushrooms have shown to be effective treatment of severe depression and other mental conditions.    

 

Included in the updated version of HB 382 are changes to the pharmacist-to-technician ratio. If passed HB 382 would remove the certified technician requirements in the tech to pharmacist ratios. A pharmacist could still supervise up to four pharmacy technicians but adds that a pharmacist cannot supervise more than six individuals, including interns and externs. A quick example is a pharmacist can supervision four pharmacist technicians and two interns/externs, or three pharmacy technicians and three intern/externs, so long as the pharmacy technicians are not more than four and total people under supervision is not more than six.    

 

 

Every legislative session is different, but there are normal things lobbyist and elected officials expect that don’t usually make sense to people outside of the Gold Dome. It is that if a bill makes it out of committee, through the Rules committee and ends up on the chamber floor, 99.9% of the time the bill will pass. This is because to get all the way through the floor, the leadership – committee chairs, Speaker of the House, Lt. Governor, caucus officers – would be consulted along the way. In particular, each caucus has a person designated as a the Whip. The Whip of each group is the individual tasked with taking a vote count of their caucus in advance of a vote, sometimes "whipping votes" to make sure caucus priority bills are passed. The House Republican Whip is Rep. James Burchett (R-Waycross); the House Democratic Whip is Rep. Sam Park (D-Lawrenceville); the Senate Republican Whip is Sen. Randy Robertson (R –Cataula); and the Senate Democratic Whip is Sen. Kim Jackson (D-Stone Mountain).

 

This year is very different. Each chamber has seat vacancies due to individuals leaving to run for office or being removed from office as previously covered. This brings the margins incredibly close for controversial bills or those with major policy disagreements. Another concern is that any resolution which would amend the state constitution requires a two-thirds vote for passage.  

 

First to fail this week was HR 1114, aimed at lowering property taxes by a vote of 99-73. HR 1114, sponsored by Rep. Shaw Blackmon (R-Bonaire), would have placed a Constitutional Amendment question on the ballot for voters to consider lowering property taxes from 40% of assessment value by 3% every year until it reaches 10% of assessment value. On Crossover Day, Rep. Blackmon came back with an additional bill, HB 1116, which is a 30-page tax bill the authors of this newsletter will not try to interpret and will instead point you towards tax policy experts. HB 1116 passed the House 98-68 as a general bill, not a constitutional amendment, although opponents argued that it should since it includes a ballot referendum, which still goes before the voters but does not amend the state constitution.  

 

Another House Constitutional amendment to fail was HR 450 by a vote of 63-98. HR 450, would have placed a question on the ballot to allow gambling on sports with a portion of the proceeds going to funding for Pre-K and HOPE scholarships. The Senate was not immune to this trend. SR 838 and SR 875, constitutional amendment resolutions, as well as SB 573 and SB 568, both general bills, all failed on the Senate floor on crossover day  

HB 139 Pharmacies; prohibit drug manufacturer and wholesalers from preventing a licensed pharmacy from acquiring drugs from entities that participate in a particular federal drug discount program 

Sponsor Todd Jones (R–Forsyth) 

Status: In House Health  

Would maintain the status quo of the current 340B arrangement with hospitals and contracted pharmacies. This bill would allow legal remedies if a pharmaceutical manufacturer or wholesaler tries to deny, restrict, prohibit, or prevent a licensed pharmacy from fulfilling their contractual arrangement 

 

HB 291 Health; certification of community health workers; provide  

Sponsor Darlene Taylor (R-Thomasville)  

Status: Passed House 168-4; In the Senate Health and Human Services 

This bill would create a Community Health Worker Certification Committee tasked with creating rules and standards for a Community Health Worker certification. This committee would also be tasked with establishing a process for handling complaints and revocation of such certificates. 

 

HB 326 State Health Benefit Plan Nonopioid Coverage Parity Act; enact  

Sponsor Michelle Au (D – Johns Creek)  

Status: Passed House Health; In House Rules 

This bipartisan bill would require Georgia’s State Health Benefit Plan to cover non-opioid pain management drugs at the same level as opioid pain medications. It also prevents the plan from imposing extra restrictions, such as prior authorization or step therapy, on non-opioid alternatives unless similar restrictions exist for opioids. 

 

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

Sponsor Ron Stephens (R-Savannah)  

Status: Passed House 167-0  

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. Would remove the certified technician requirements in the tech to pharmacist ratios. A pharmacist could supervise up to four pharmacy technicians but adds that a pharmacist cannot supervise more than six individuals, including interns and externs.  

 

HB 419 Education; require possession of opioid antagonists by institutions within University System of Georgia 

Sponsor Lee Hawkins (R-Gainesville)  

Status: Passed House 165-0; In Senate Higher Education  

All colleges in the University System of Georgia will be required to have opioid antagonist and defibrillators on campus. Allows for possession of opioid antagonists by students and faculty. Provides some protection from civil liability when acting in good faith in decisions to apply or not apply an opioid antagonist. Allows for community groups and grants to fund access to antagonists. 

 

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

Sponsor Rick Jasperse (R-Jasper)  

Require PBMs reimburse Independent 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 50,000 and allows for higher rural contract reimbursement rates.  

 

HB 968 Controlled substances; mitragynine and hydroxymitragynine (7-OH) are Schedule I; provide 

Sponsor Rick Townsend (R - Brunswick) 

Status: Passed House Judiciary Non-Civil; In House Rules  

This bill would add mitragynine and hydroxymitragynine to the list of Schedule I drugs and tighten purchasing restrictions making these only available at pharmacies behind the counter.   

 

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

Sponsor Jon Burns (R-Newington)   

Status: Conference Committee Report Adopted; Signed by the Governor.  

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

 

HB 974 General appropriations; State Fiscal Year July 1, 2026 - June 30, 2027 

Sponsor Jon Burns (R - Newington)  

Status: In House Appropriations; Expect Action this week  

Budget for FY 2027. More budget documents can be found here. 

 

HB 1089 Controlled substances; ivermectin as an over-the-counter medication; provide 

Sponsor Karen Mathiak (R-Griffin)  

Status: Passed House Health; On House Calendar for 3.6.26 but was not called for vote 

This bill would allow Ivermectin to be sold over the counter. Similar bill to SB 366 whose sponsor has resigned to run for a different office. 

 

HB 1138 Increasing Access to Contraceptives Act; enact 

Sponsor Beth Camp (R-Concord) 

Status: Passed House 162-4; In Senate Health & Human Services 

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: Passed House Health; In House Rules 

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 

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: Passed House Health; In House Rules  

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; In Senate Insurance & Labor   

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. This study committee only requires approval by the House. 

 

SB 33 "Georgia Hemp Farming Act"; total THC concentration of consumable hemp products; provide limits  

Sponsor Kay Kirkpatrick (R-Marietta)  

Status: Passed Senate 50-6; In House Agriculture and Consumer Affairs 

This bill would limit the total THC concentration on all consumable products to .3%. Specifically includes delta-8, delta-9, delta-10, and delta-11. It closes a loophole created by leaving off the various THC isomers. 

   

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 220 Putting Georgia's Patients First Act; enact  

Sponsor Matt Brass (R-Newnan) 

Status: Passed Senate 38-17; Passed House Regulated Industries; In House Rules  

This bill would replace “Low THC Oil” with “Medical cannabis” throughout various code sections and renaming the “Low THC Oil Patient Registry” the “Medical Cannabis Patient Registry.” Similar language to HB 227. This bill passed the Senate 38-17 with one amendment.  

 

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; Passed House Public & Community Health; In House Rules 

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. 

 

SB 423 Government Transparency; campaign committees, independent committees, political action committees, and leadership committees from accepting contributions or donations from non-Georgia persons that exceed 50 percent of all contributions received; prohibit 

This bill would prohibit campaigns, leadership committees, and political action committees from accepting more than fifty percent of their donations from donors out of state. (PharmPAC would be well within this limit should this bill pass) 

 

 

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.