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Highlights from Wednesday's Board of Pharmacy Meeting

The Kentucky Board of Pharmacy met yesterday, Wednesday, March 22, 2023, in Frankfort, KY. The Board discussed the implications of SB 37, which restructured the Board's advisory council. They determined that given the pending changes to the makeup of the advisory council, to halt any additional advisory council meetings until the new members are appointed and confirmed.

 

The new statute allocates that five of the nine members be appointed by the Kentucky Pharmacists Association, two pharmacists at-large, a veterinary pharmacist, a pharmacist working in a mail order pharmacy, and a pharmacist working in a specialty pharmacy. The Kentucky Independent Pharmacist Alliance, The Kentucky Society of Health-System Pharmacists, and the Kentucky Association of Health Care Facilities are also responsible for appointing one pharmacist per organization to the council. The Board requested nominations be made by the Board's retreat in July. KPhA will begin the process of identifying candidates in May. If you want to learn more about the opportunity to serve on the Board of Pharmacy Advisory Council, please contact KPhA Executive Director Ben Mudd.

The Board also discussed its plan to issue guidance regarding the ending of the Federal Public Health Emergency on May 11, 2023. KPhA voiced concerns with the Board's understanding that pharmacists will lose the ability to order and administer immunizations down to age 3. We'll remain in touch with APhA while we wait for a clear statement from HHS on the duration of temporary authorities. Our request to the Kentucky Board of Pharmacy is to wait until a statement is received from HHS before taking any additional action.

The Board also withdrew 201 KAR 2:380E. This regulation was found deficient by the Administrative Regulation Review Subcommittee earlier this month. Pharmacies that were utilizing the Board authorized protocol to initiate Paxlovid therapy should cease the use of the protocol at this time. The Board also approved an amendment to 201 KAR 2:380, which is the ordinary Board authorized protocol regulation. The amended version adds back the initial list of authorized conditions in addition to adding COVID-19 and includes language requiring education and training. These changes were in response to concerns from the Kentucky Medical Association in their testimony at the February ARRS meeting. KPhA has met with KMA to ensure that they are no longer opposed to the regulation with the amendments.

St. Elizabeth Healthcare addressed the Board to make an additional request to permit the use of prescription pick-up lockers within their facilities. There was considerable debate on the topic, with members on both sides of the issue. After discussion, the Board voted to refer the matter to their Advisory Council for future consideration.

Finally, the Board plans to issue a proposed rule to address updated versions of USP 795/797. Executive Director Harlow stated they plan to issue the proposed regulation for consideration and comment in the coming months. KPhA will continue to monitor and disseminate more information when it becomes available. 

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