Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1425 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1502 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1425
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael O. Moore
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to pharmacists as healthcare providers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael O. MooreSecond Worcester 1 of 3
16	16	SENATE DOCKET, NO. 1502 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1425
18	18	By Mr. Moore, a petition (accompanied by bill, Senate, No. 1425) of Michael O. Moore for
19	19	legislation relative to pharmacists as healthcare providers. Public Health.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to pharmacists as healthcare providers.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Notwithstanding any general provisions or special laws to the contrary, the
29	29	2board of pharmacy shall establish a written statewide protocol for pharmacists to test or screen
30	30	3for and initiate treatment or therapy for qualified health conditions. For purposes of this act, the
31	31	4board will only require the oversight of the manager of record.
32	32	5 The list of qualified conditions for testing, screening, and treatment or therapy shall
33	33	6include Influenza, Streptococcal infections, COVID-19, HIV, and any other health condition
34	34	7approved by the board. Treatment or therapy for HIV may include an HIV Pre-Exposure
35	35	8Prophylaxis, also known as PrEP, or an HIV Post-Exposure Prophylaxis, also known as PEP.
36	36	9 For the purposes of this act, causing a test to be administered shall include collecting a
37	37	10specimen, or overseeing the collection of a specimen, or causing the specimen to be sent to a
38	38	11laboratory with the capacity to perform the test. A pharmacist may delegate the administrative
39	39	12and technical tasks of performing a test waived by the federal Clinical Laboratory Improvement 2 of 3
40	40	13Amendments of 1988 to a pharmacy technician acting under the supervision of the pharmacist
41	41	14and evaluate results as necessary to initiate treatment.
42	42	15 The laboratory shall be authorized under federal and state law to perform the test,
43	43	16including, but not limited to, the federal "Clinical Laboratory Improvement Amendments of
44	44	171988 (CLIA)," Pub. L. 100-578 (42 U.S.C. s.263a), and relevant state regulations. If the test
45	45	18which is administered is one for which the analysis can be performed at a CLIA-waived facility
46	46	19or pharmacy and if the pharmacy at which the specimen is collected has a CLIA waiver, then the
47	47	20test may be processed at that pharmacy.
48	48	21 If an individual tests positive for COVID-19 using a test administered by a pharmacist
49	49	22then the pharmacist shall advise the patient to follow the Massachusetts Department of Public
50	50	23Health COVID-19 guidelines. If the patient is a member of a group that is at high risk for health
51	51	24complications from COVID-19 or is experiencing symptoms of a severe adverse reaction to
52	52	25COVID-19, the pharmacist shall also advise the patient to promptly seek treatment at a hospital
53	53	26or contact the patient’s health care provider. The pharmacist shall ensure compliance with all
54	54	27other state and federal requirements concerning a positive test for COVID-19, including
55	55	28applicable reporting and data collection requirements.
56	56	29 A pharmacist who tests or screens for and initiates treatment or therapy for a health
57	57	30condition in accordance with the statewide protocol established pursuant to this Section may use
58	58	31any test that guides diagnosis or clinical decision-making which the Centers for Medicare and
59	59	32Medicaid Services has determined qualifies for a waiver in accordance with the federal Clinical
60	60	33Laboratory Improvement Amendments of 1988, or the federal rules adopted thereunder, or any 3 of 3
61	61	34established screening procedure that can safely be performed by a pharmacist under the
62	62	35pharmacist's professional license.
63	63	36 An insurance carrier and pharmacy benefit manager shall develop adequate provider and
64	64	37consult codes as authorized by this act for pharmacy compensation. A health benefit plan,
65	65	38medical assistance program, group health plan, insurer or its contractor shall be prohibited from
66	66	39denying reimbursement for services and procedures performed by a certified pharmacist clinician
67	67	40or a pharmacist certified to provide a prescriptive authority service within the scope of their
68	68	41license. Said entities shall reimburse a certified pharmacist clinician or pharmacist certified to
69	69	42provide a prescriptive authority service for such services and procedures at the standard
70	70	43contracted rate that such entity reimburse, for the same service, any other healthcare provider in
71	71	44the commonwealth.