2015 Bills of Interest to SPC Members 1. Senate Bill 152 (Overbey) House Bill 121 (Shepard) This bill was introduced at the request of lobbyists for SPC and TPA. It has a broad caption that would allow amendments to the PBM statute, if any issues arise during the legislative session pertaining to PBMs or to MAC pricing. 2. Senate Bill 33 (Overbey) House Bill 122 (Shepard) This bill creates an exemption from the sales tax for the sale of diabetic testing supplies for human use, including lancets, test strips for blood glucose monitors, visual read test strips, and urine test strips. 3. Senate Bill 497 (Haile) House Bill 475 (Shepard) This bill requires insurance companies to take the necessary steps administratively so that a patient’s medications may be synchronized. 4. Senate Bill 914 (Johnson) House Bill 1012 (Shepard) This bill requires all pharmacies that contract with TennCare to post a printed notice regarding fraud and abuse. The bill sets forth the information which must be included in the notice. 5. Senate Bill 409 (Overbey) House Bill 229 (Shepard) This bill is an initiative of the TPA. It is intended to work in tandem with the recently adopted federal drug take-back rules. In 2010 Congress adopted the Secure and Responsible Drug Disposal Act. The purpose of this law is to encourage ultimate users of drugs to deliver unused drugs to an appropriate person (such as a pharmacy) for proper disposal. The law authorized the Drug Enforcement Administration (DEA) to develop rules to implement the law. Final rules were published in the Federal Register on September 9, 2014, and became effective on October 9, 2014. The state bill, known as the Ensuring Patient Access to Pharmacy Drug Disposal Programs Act of 2015, will ensure that the federal rules do not impose an undue burden on Tennessee pharmacies that choose to participate in the federal take-back program. The bill contains several important provisions: 1) Pharmacy disposal sites must comply with the new federal rules, as well as any rules that may be adopted by the Tennessee Board of Pharmacy. 2) Participation by any Tennessee pharmacy is voluntary. 3) The Tennessee Board of Pharmacy will maintain a list of licensed pharmacies that have chosen to participate in the drug disposal program; and 4) Pharmacies shall be held harmless and shall not be liable for any theft, robbery, or other criminal activities related to their participation in the drug disposal program, so long as they are acting in good faith and are in compliance with all state and federal rules. 6. Senate Bill 811 (Hensley) House Bill 143 (Lundberg) This bill is the Tennessee Right To Try Act. It is intended to allow a patient with an advanced illness to utilize an investigational drug, biological product, or device that has completed Phase 1 of a clinical trial but has not yet been approved for general use by the FDA. The bill sets forth the information which must be included in an “informed consent” document signed by the patient. The bill includes protections for health care providers, manufacturers, and insurers. 7. Senate Bill 97 (Norris) House Bill 86 (McCormick) This bill is a Haslam Administration initiative to curb the diversion of controlled substances. providers” who provide It requires “third-party logistics warehousing and other services to manufacturers and wholesalers to register annually with the Board of Pharmacy. Third-party logistics providers do not take ownership of the drugs or devices and do not have responsibility for the sale or disposition of the drug or device. 8. Senate Bill 97 (Norris) House Bill 572 (Cameron Sexton) This bill is intended to encourage the use of interchangeable biological products licensed by the FDA. The bill requires a prescriber to allow the substitution of an interchangeable biological product under all circumstances, unless the prescriber determines that it would be harmful or ineffective for a particular patient and so indicates on the prescription order. A pharmacist who substitutes an interchangeable biological product must notify the patient of the substitution on the prescription label and, within a reasonable time after the dispensing of the product must notify the prescriber of the name and manufacturer of the product dispensed to the patient. 9. Senate Bill 1248 (Dickerson) House Bill 1284 (Williams) This appears to be a “caption” bill which could be amended to deal with any issue related to controlled substances. 10. Senate Bill 45 (Haile) House Bill 39 (Lamberth) This bill creates a new criminal offense for the sale of a product containing dextromethorphan to a minor. 11. Senate Bill 601 (Dickerson) House Bill 746 (Harrison) This bill mandates insurance coverage of opioid analgesic drug products. 12. Senate Bill 21 (Beavers) House Bill 723 (Pody) This bill prohibits the dispensing of opioids or benzodiazepines in a quantity greater than a 30-day supply, unless the patient is 65 years old, confined to a nursing home or hospital, home-bound, or on a fixed drug plan that charges a flat copayment for prescriptions. A physician must certify that the patient meets one of the exceptions to justify a quantity for more than 30 days. 13. Senate Bill 111 (Norris) House Bill 100 (McCormick) This Haslam Administration bill makes a technical correction in the pseudoephedrine law which was passed in the last General Assembly. The change is not substantive. 14. HJR 95 (Weaver) This House Joint Resolution urges Congress to review the 340B Prescription Drug Program to make sure that it focuses on directly serving low-income, indigent uninsured patients. 15. SJR 102 (McNally) This Senate Joint Resolution request the Board of Pharmacy to conduct a survey of the working conditions of pharmacists and any problems they are having with the license renewal system. 16. SJR 104 (McNally) This Senate Joint Resolution urges the TennCare Bureau to incorporate medication therapy management into its healthcare delivery systems to improve patient outcomes and control costs.