Virginia General Assembly Law Summary – 2014

Provided below is a summary of the legislation passed during the 2014 Virginia General Assembly session

Effective July 1, 2014

HB190 (Delegate Bell)– Authorizes Athletic Trainers to Possess and Administer O2

  • Prescribers may authorize licensed athletic trainers to possess and administer oxygen for use in emergency situations

HB218 & SB96 (Delegate Albo & Senator Reeves)– Electronic Cigarettes Restrictions

  • Nicotine vapor products and alternative nicotine products cannot be sold to, purchased, or possessed by a minor
  • Nicotine vapor products are:
    • Noncombustible nicotine product with means to produce vapor from nicotine in a solution or other form
  • Alternative nicotine products are:
    • Any noncombustible product containing nicotine intended for human consumption

HB308 & SB201 (Delegate Dance & Senator Puller)– Formulary Change Notification

  • Notice of no less than 30 days of formulary changes that results in the movement of a Rx drug to a tier with higher cost-sharing requirements
  • Notice provided IN WRITING to:
    • Plan policyholder
    • Contract holder
  • Does not apply to modifications at time of coverage renewal

HB539 (Delegate Hodges)– Allows Pharmacist to Delegate PMP Access

  • Will allow a pharmacist (dispenser) who is registered with the PMP program to delegate access to the program to another pharmacist or a pharmacy technician
  • Pharmacists who wish to authorize delegates may do so by using the form found on the PMP website:
  • Submit this form to the program for review and approval. The delegate will receive their own username and password to access the program and pharmacists will be able to view reports requested by their delegates. (Accounts will not be activated until July 1, 2014)

HB575 (Delegate O’Bannon)– Conforms Virginia’s Schedule to the DEA’s

  • Perampanel (Fycompa™) to Schedule III
    • DEA scheduled – January 2, 2014
  • Lorcaserin (Belviq®) to Schedule IV
    • DEA scheduled – June 7, 2013

HB611 (Delegate Robinson)– Fix to Licensing Rules (Non-Renewal in Another State)

  • Some states consider a license to be revoked if you do not renew that license (e.g., moved out of the state)
  • Virginia would then have to refuse to license or suspend the individual.
  • Law now will make an exemption to this process if the reason for the revocation is due to nonrenewal

HB661 (Delegate Bell)– Increases statute of limitations on prosecutions for falsifying patient records

  • Increases from one year to three years the statute of limitations on prosecutions for the misdemeanor of falsifying patient records with the intent to defraud

HB874 (Delegate Yost)– Creating “Drugs of Concern” to PMP Program for Monitoring

  • Authorizes the Board of Pharmacy to identify “drugs of concern” and requires such drugs of concern to be reported to the Prescription Monitoring Program.
  • Board may develop regulations on how to identify “drugs of concern”
  • Tramadol (Ultram®) specifically identified
  • “Drugs of Concern” will not include OTCs or non-Rx behind the counter medications
  • The addition of tramadol as a drug of concern does not place restrictions applicable to Schedule II-V controlled substances to the dispensing of the product; it is still a Schedule VI controlled substance (“legend” drug) in Virginia. The only change is that the dispensing of these products is now required to be reported to the PMP.
  • Please contact your pharmacy software application vendor for instructions on actions you may need to take to start reporting the dispensing of tramadol prescriptions as of July 1, 2014.

HB1031 (Delegate Orrock)– Updated Immunization Provisions for Children

  • Updated the Commonwealth’s requirements for child immunizations
  • State Board of Health Regulations for the Immunization of School Children are now updated (4/15/14):

HB1032 (Delegate Orrock)– Free Clinic Pharmacies cited by Board to have case automatically sent to informal conference or consultation proceedings

  • If Free Clinic Pharmacies are cited by the Board (monetary penalty) – case automatically defaults to an informal conference or consultation proceeding
  • Free Clinic can opt to pay the fine OR go directly to formal hearing

HB1035 (Delegate Orrock)– Vets able to dispense 72-hour supply of compounded meds

  • Can dispense a compounded drug (compounded from a pharmacy) when:
    • Animal is patient of the vet
    • Companion animal (i.e., “pets”)
    • Quantity is no more than a 72-hour supply
    • For the treatment of an emergency condition
    • Timely access to a compounding pharmacy is not available
  • Compounded products distributed to practitioners (other than vets) must be labeled with:
    • “The name and address of the pharmacy”
  • Compounded products distributed to vets for companion animals must be labeled with:
    • The name and strength of the compounded medication or list of the active ingredients and strengths;
    • The facility’s control number;
    • An appropriate beyond-use date as determined by the pharmacist in compliance with USP-NF standards for pharmacy compounding;
    • The name and address of the pharmacy; and
    • The quantity.
  • Board of Pharmacy shall convene a workgroup to explore and clarify issues related to the compounding of drugs for human and animal use.
  • Workgroup to include representatives of:
    • Board of Veterinary Medicine
    • Board of Medicine
    • Virginia Pharmacists Association
    • Virginia Society of Health-System Pharmacists
    • Virginia Veterinary Medicine Association
    • Virginia Society of Eye Physicians and Surgeons
  • Workgroup to report to Chair of House Health Welfare and Institutions and Senate Education and Health by Nov 1, 2014

Effective January 1, 2015

HB108 (Delegate Ware)– Implements Fair Pharmacy Audit Practice Standards

  • Prohibits retraction of the money paid pursuant to a claim (“recoupment”):
    • If probability sampling, extrapolation, or other mathematical or statistical methods were used to project an error;
    • If the pharmacist made a clerical error and was not overpaid;
    • For an act or omission by the pharmacist not specifically prohibited in his contract;
    • If the pharmacist was not allowed to submit an electronic pharmacy record to validate a claim;
    • Of a dispensing fee if the pharmacist dispensed in accordance with applicable law or regulation and was not overpaid;
    • If a claim was more than 24 months old;
    • If different auditing rules were used for similarly situated pharmacies, i.e. independent retail pharmacy and chain retail pharmacy;
    • If the pharmacist was not allowed to submit a pharmacy record, a prescriber or patient verification, or a prescriber record to validate a claim;
    • If the pharmacist failed to produce a record which was not specifically required in his contract; and
  • Prohibits termination or non-renewal of the pharmacist’s contract if he asserted his rights under this legislation.
  • The bill also includes these two limitations:
    • The legislation does not apply to self-insured, Medicaid, or Medicare health insurance plans
    • The prohibitions do not apply if the insurance company or PBM has evidence of fraud by the pharmacist.

HB505 & SB213 (Delegate Hodges & Senator Carrico)– Dextromethorphan Sales Restrictions

  • Bans sales of DXM to minors (must be at least 18)
  • Requires identification (federal, state, or local government-issued document with photograph and birthdate)
    • If purchaser appears to be 25 or older, no ID is needed
    • No documentation requirements
    • If Rx for product, sale to minors is OK
  • Unlawful for minors to purchase and for pharmacies or retail distributors to sell to minors
    • First offense – notice of noncompliance
    • Additional offenses – $25 civil penalty
      • Collected by the local Commonwealth’s Attorney office
  • Added penalties for those possessing or distributing unfinished DXM
    • Class 1 misdemeanor
    • Does not apply to pharmacies

Effective July 1, 2015

HB1249 & SB294 (Delegate Hodges & Senator Puckett)– PMP Changes for Physicians

  • Requires prescribers to be registered with the PMP program upon initial application for licensure OR upon renewal of a license
  • Must check the PMP program if:
    • Initiating a new course of treatment with benzos or opiates and anticipated that treatment will last more than 90 consecutive days (with treatment agreement)
    • Authorized to prescribe opioid addiction therapy treatment and prior to or part of execution of a treatment agreement with patient
  • Exemptions:
    • Secretary of Health and Human Resources may identify and publish a list of benzos or opiates that have a low potential for abuse
    • If course of treatment arises from pain management relating to dialysis or cancer treatments