AMEND PHARMACY LAWS.

View NCGA Bill Details2013-2014 Session
House Bill 675 (Public) Filed Tuesday, April 9, 2013
A BILL TO BE ENTITLED AN ACT AMENDING LAWS PERTAINING TO THE REGULATION OF PHARMACY TECHNICIANS, PHARMACY AUDITS, AND PRESCRIPTIONS FOR SCHEDULE II SUBSTANCES.
Intro. by Murry, Martin, Wray, Wilkins.

Status: Ch. SL 2013-379 (House Action) (Jul 29 2013)

Bill History:

H 675/S.L. 2013-379

Bill Summaries:

  • Summary date: Jul 30 2013 - More information

    AN ACT AMENDING LAWS PERTAINING TO THE REGULATION OF PHARMACY TECHNICIANS, PHARMACY AUDITS, AND PRESCRIPTIONS FOR SCHEDULE II SUBSTANCES. Enacted July 29, 2013. Effective October 1, 2013.


  • Summary date: Jul 23 2013 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Amends GS 90-85.50(b), making organizational and clarifying changes. Allows recoupment of reimbursement when dispensing in excess of the benefit design, prescriptions are not filled according to the prescriber's order, and when the pharmacy makes an overpayment. Adds language providing that calculations of overpayment can include dispensing fees when fraud or intentional and willful misrepresentation by the pharmacy is present. Amends a pharmacy's right to know the identity of the responsible party on whose behalf the audit is being conducted, providing that only when the audit is conducted by a vendor or subcontractor is that entity required to identify the responsible party on whose behalf the audit is being conducted (previously, the pharmacy had a right to know the identity of the responsible party regardless of who was conducting the audit). Provides that a pharmacy has a right to use any prescription that complies with federal or state laws and regulations at the time of dispensing to validate a claim in connection with a prescription, prescription refill, or a change in a prescription (was, to use any prescription that complies with state laws and regulations).

     

     

     


  • Summary date: May 13 2013 - More information

    House amendment makes the following changes to the 2nd edition.

    Amends the enactment clause, providing that Sections 2 (amending GS 90-85.15A) and 5 (amending GS 90-106) apply to acts occurring, and Sections 3 (amending GS 90-85.50) and 4 (amending GS 90-85.52) apply to audits commencing, on or after October 1, 2013.


  • Summary date: May 9 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 90-85.15A to require the training to be provided (was, conducted) by the supervising pharmacist-manager. Requires the pharmacist-manager to notify the NC Board within 21 days (was, 10 days in previous edition) of the date that the pharmacy technician began employment.

    Amends GS 90-85.50(b), adding an additional provision regarding the rights of a pharmacy subject to an audit by any responsible party, providing that the recoupment of claims have to be based on the actual financial harm to the entity or actual overpayment or underpayment. Sets out procedures for calculating overpayments. Also adds that an entity conducting an audit may have access to a previous audit report only if it was prepared by that entity. Provides that if the audit is conducted by a vendor or subcontractor, that entity must identify the responsible party on whose behalf the audit is being conducted without having this information being requested. Provides that the pharmacist has the right not to be subject to recoupment on any portion of the reimbursement of dispensed product of the prescription (was, on any portion of the product costs of the prescription), except in causes of fraud or other misrepresentation evidenced by a review of the claims data, statements, physical review, or other investigative methods (was, except in cases of fraud or misrepresentation).

    Amends GS 90-85.52, Pharmacy audit recoupments, deleting GS 90-85.52(d), regarding the amount of recoupment and the product cost of the prescription.


  • Summary date: Apr 10 2013 - More information

    Amends GS 90-85.3 by adding a definition for certified pharmacy technicianas a pharmacy technician who (1) has passed a nationally recognized pharmacy technician certification board examination, or its equivalent, that has been approved by the North Carolina Board of Pharmacy(NC Board)and (2) maintains certification from a nationally recognized pharmacy technician certification board that has been approved by the NC Board.

    Amends GS 90-85.15A to provide that the purpose of the registration program for pharmacy technicians is to identify people who are employed or eligible for employment (was, employed) as pharmacy technicians. Amends the requirements for the registration of noncertified pharmacy technicians to require the NC Board to register noncertified pharmacy technicians who (1) paythe required fee, (2) are employed by a pharmacy holding a valid permit underArticle 4A of GS Chapter 90, and (3) completea required training program provided by the supervising pharmacist-manager. Adds new subsection (a2) to direct the NC Board to register a certified pharmacy technician who (1) pays the required feeand (2) provides proof of current certification. Requires that certification be renewed annually by paying a registration fee and providing proof of current certification.

    Identifies the responsibilities of a pharmacist-manager to noncertified pharmacy technicians. Requires the pharmacist-manager to notify the NC Board within 10 days (was, 30 days) of the date that the pharmacy technician began employment. Also identifies the responsibilities of a pharmacist manager to certified pharmacy technicians. Provides that a pharmacist-manager may hire a certified pharmacy technician who has registered under new subsection (a2) of this section. Requires the certified pharmacy technician to notify the NC Board within 10 days of beginning employment as a pharmacy technician. Authorizes the NC Board to allow a pharmacist to supervise more than two pharmacy technicians only if the additional pharmacy technicians are certified pharmacy technicians.

    Adds the following to the list of violations which may result in disciplinary action by the NC Board against a pharmacy technician: (1) negligence in assisting a pharmacist in preparing and dispensing prescription medications, and (2) failing (was, willfully violated)to comply with the laws and rules governing pharmacy technicians.

    Amends GS 90-85.50(b) to add additional provisions regarding the rights of a pharmacy being subjected to an audit by any responsible party.

    Amends GS 90-85.52 to prohibit the entity conducting an audit from recouping any dispute funds, charges, or other penalties form a pharmacy until the latter of the deadline for initiating the appeals process under GS 90-85.51 has passed, or after the final internal disposition of an audit, whichever is later, unless fraud or misrepresentation is reasonably suspected. Provides that the amount of the recoupment does not include any portion of the prescription product cost, except in cases of fraud or misrepresentation.

    Amends GS 90-106 to prohibit dispensing a Schedule II substance more than six months after the date it was prescribed.

    Effective October 1, 2013.


  • Summary date: Apr 9 2013 - More information

    To be summarized at a later date.


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