The Future of Public Health Protection in Our Hands - Artificial Intelligence Applied to Medication Data - NABP
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February 2021 | Volume 50 | Number 2 The Future of Public Health Protection in Our Hands Artificial Intelligence Applied to Medication Data
CONTENTS 04 08 01 Interview With a Board Executive Officer Cody Wiberg, PharmD, MS, RPh 02 olicy Perspectives P New Year, New Government: Renewed Focus on Illegal Online Drug Sales 07 Association News 07 PMP InterConnect Is the Solution to Provider Challenges 11 NABP Receives BBB Torch Award for Marketplace Ethics 1 2 NABP President Fensky Promotes MAT Initiative via Association Resources, Virtual Events 14 Interview With a Board Member Todd Barrett, RPh 16 State Board News Oregon Adopts New Statewide Drug Therapy Management Protocols 17 Professional Affairs Update Feature News Feature News Final Insanitary Conditions at The Future of Public Health Regulators Prepare for Compounding Facilities Guidance Protection in Our Hands – Pharmacist Involvement in Released by FDA Artificial Intelligence Applied to COVID-19 Vaccine Rollout Medication Data NABP Executive Committee (ISSN 2472-6850 — print; ISSN 2472-6958 — Amy Sanchez Jack W. “Jay” Fred M. Weaver online) is published 10 times a year by the National Communications Manager Campbell IV Member, District 4 Association of Boards of Pharmacy® (NABP®) Chairperson ©2021 National Association of Boards of Pharmacy. Shane R. Wendel to educate, to inform, and to communicate the All rights reserved. No part of this publication may Timothy D. Fensky Member, District 5 objectives and programs of the Association and its be reproduced in any manner without the written President 65 member boards of pharmacy. Lenora S. Newsome permission of the executive director/secretary of the Caroline D. Juran Member, District 6 The opinions and views expressed in this National Association of Boards of Pharmacy. President-elect publication do not necessarily reflect the official Nicole L. Chopski NABP Mission Statement views, opinions, or policies of NABP or any board Reginald B. “Reggie” Member, District 7 NABP is the independent, international, and unless expressly so stated. The subscription rate is Dilliard impartial association that assists its member boards Kamlesh “Kam” $70 per year. Treasurer and jurisdictions for the purpose of protecting the Gandhi National Association of Boards of Pharmacy public health. Bradley S. Hamilton Member, District 8 1600 Feehanville Drive, Mount Prospect, IL 60056 Member, District 1 847/391-4406 | www.nabp.pharmacy Tejal J. Patel NABP Executive help@nabp.pharmacy Member, District 2 Committee elections are held each year Lemrey “Al” Carter Jeffrey J. Mesaros at the Association’s Executive Director/Secretary Member, District 3 Annual Meeting. 2 | APRIL 2020
INTERVIEW WITH A BOARD EXECUTIVE OFFICER Cody Wiberg, PharmD, MS, RPh Executive Director, Minnesota Board of Pharmacy How long have you served as period. The Board issued a separate civil unrest executive director? FAQs document, which granted blanket I have been executive director of the Board since variances to rules or exercised enforcement September 21, 2005. Between January 1999 and discretion. We published a document on the September 21, 2005, I was pharmacy program Board’s website, in five different languages, manager for the Minnesota Department of with advice for patients on how to obtain Human Services. Basically, my team and I served prescriptions if their pharmacy was closed. as the internal pharmacy benefits manager We also worked with chain and independent for Minnesota’s publicly funded programs, pharmacies to get temporary pharmacies open including Medicaid and some state-funded at the sites of the pharmacies that had been programs. I also worked with the Minnesota damaged the worst. Legislature, providing technical assistance on During its 2020 session, the Minnesota pharmacy-related issues. Legislature enacted legislation, signed into Minnesota law by Governor Tim Walz, that required Board of Pharmacy What is one significant issue your the Board to work with another agency, Board addressed in the past year? MNsure, to develop the Minnesota Insulin The coronavirus disease 2019 (COVID-19). Safety Net Program. The program, which has Number of Board been operating since July 1, 2020, requires Members 6 pharmacist What actions were taken by the manufacturers to provide insulin to Minnesotans members and 3 Board to address the issue? who meet certain eligibility criteria and who are public members The Board issued a COVID-19 frequently asked having difficulty affording insulin. questions (FAQs) document in mid-March and The legislature also passed a law requiring has updated it several times since then. Through the Board to work with a vendor to establish Number of Compliance the FAQs document, our Board has effectively a prescription drug repository program, Officers/Inspectors either granted blanket variances to rules or which became operational at the end of 2020. 7 exercised enforcement discretion by allowing The vendor established a central repository licensees to do things not otherwise permitted and is working to establish local repositories by the statutes. For example, under Minnesota around the state. Long-term care facilities, Rules & Regulations Statutes, pharmacists and pharmacy technicians manufacturers, wholesalers, pharmacies, and Established by cannot complete any portion of the dispensing members of the public (with certain restrictions) Board of Pharmacy process from home. But in order to minimize are able to donate drugs to the repositories. Once contact between pharmacy employees and the deemed safe by a pharmacist, the drugs are public, the Board is allowing pharmacists and dispensed to patients who would not otherwise Number of pharmacy technicians to perform data entry, be able to afford the drugs. Pharmacist Licensees certification of data entry, profile reviews, and 9,033 prospective drug utilization reviews from home. What insights do you have for states? Board staff also worked with the Minnesota The key to dealing with pandemics or with Department of Health to provide legal clarity to man-made or natural disasters is to have a plan Number of licensees so that pharmacists could be involved in place. For COVID-19, I began preparing Pharmacies in COVID-19 testing. for the worst at least a month before the 2,142 World Health Organization officially declared What other key issues has the a pandemic, and Governor Walz declared a Board been focusing on? peacetime emergency. Consequently, we were Number of We also handled some repercussions of the civil able to give guidance to licensees shortly after Wholesale unrest that occurred after the death of George the pandemic and emergency were declared. Distributors 261 (resident) Floyd. At the height of the civil unrest, over I believe that boards need to be flexible when 200 pharmacies in Minnesota were temporarily dealing with such disasters and must be willing closed as a precaution. Over 20 pharmacies to relax enforcement of statutes and rules – were either destroyed or damaged to the extent but must do so in a way that minimizes any that they had to remain closed for an extended additional risks to patients. FEBRUARY 2021 | 1
POLICY PERSPECTIVES New Year, New Government: Renewed Focus on Illegal Online Drug Sales Last month, the 117th Congress convened and President Joseph R. Biden began his term as president and, as such, we can expect many new policy changes at the federal level. As discussed in January’s issue of Innovations, there are some issues that have garnered interest across the political spectrum and thus may be ripe for consideration. One of those issues, which is of great interest to the practice of pharmacy given its public health and patient safety implications, is reforming a telecommunications law – Section 230 Matthew J. Rubin Sarah-Lloyd Stevenson, MPH of the Communications Decency Act Faegre Drinker Biddle & Reath LLP Faegre Drinker Biddle & Reath LLP (47 USC §230) – that currently provides liability immunity to online platforms resources for health information and services. legitimate providers on the internet. that knowingly facilitate illegal or obscene For example, in 2017, approximately 30% Two programs, NABP Digital Pharmacy content, including the sale of prescription of respondents to a national survey said they Accreditation and the .Pharmacy Verified drugs and illicit narcotics through illegal would order medicine online. In 2020, that Websites Program, help consumers determine online pharmacies. number climbed to nearly 75%. which pharmacy websites are licensed and This growing interest in seeking out safe. Digital Pharmacy Accreditation has The Dangers of Illegal medications online has also impacted the been recognizing legitimate websites offering Online Pharmacies national response to the opioid epidemic, pharmacy services for more than 20 years NABP and its member boards of pharmacy a major public health issue that NABP by ensuring that pharmacies with an online are committed to protecting public health leadership – including President Timothy presence are licensed, operating in compliance and ensuring the appropriate, safe practice of D. Fensky – is prioritizing. With the with pharmacy laws and practice standards, pharmacy, whether through brick-and-mortar available data indicating a spike in opioid- and undergoing on-site inspections. The storefronts or via the internet. Unfortunately, related overdose deaths, the confluence of .Pharmacy Program was launched in 2014 criminals are actively leveraging the internet the COVID-19 pandemic and this historic to address new online business models for to target unsuspecting consumers, peddling public health emergency has significantly prescription dispensing and other pharmacy- substandard, falsified, and otherwise counterfeit strained resources. The internet remains related services. A .pharmacy verification drugs, and posing a significant risk to those a constant source of synthetic opioids instills confidence in patients’ choices and who may rely upon these medications for and illicit narcotics, like fentanyl. With helps ensure access to care. If a pharmacy or acute, chronic, or life-threatening conditions. local shutdown orders in place and social business offering pharmacy-related services Alarmingly, last year NABP found that of the isolation setting in, individuals suffering has not been vetted through one or both nearly 22,400 surveyed “pharmacy” websites, from substance use disorders have turned of NABP’s programs, it may be a rogue 95% were illegal. Despite this statistic, a recent to unsafe and illegal websites at alarming website offering medicines without a valid survey conducted by the Alliance for Safe rates. The Centers for Disease Control and prescription, operating out of compliance Online Pharmacies (ASOP Global) found that Prevention found that four in 10 Americans with pharmacy laws and practice standards, seven in 10 Americans erroneously believe that if are suffering from mental health or substance and/or selling counterfeit or misbranded an online pharmacy website appears high up in abuse issues due to the pandemic. Thirteen prescription drugs. search engine results, it is likely to be legitimate. percent cited an initiation or increase This misguided trust in online platforms in substance misuse and abuse, and an Section 230 and Federal and “internet pharmacies” that are additional 31% cited anxiety or depression. Liability Protections incorrectly assumed to be legitimate has One in 10 noted suicidal ideations. Despite the grave concerns associated only been exacerbated by the proliferation with accessing illegal online pharmacies, of misinformation and criminality during NABP’s .Pharmacy Program a seemingly obscure and concise section the coronavirus disease 2019 (COVID-19) NABP has led efforts to curtail illegal online of a decades-old telecommunications law pandemic, as more patients turn to online pharmacies and help patients identify indirectly helps protect these bad actors from 2 | FEBRUARY 2021
POLICY PERSPECTIVES further scrutiny, particularly those platforms that facilitate the distribution of harmful Notable Section 230 reform bills introduced in 2020: content. Passed in 1996, Section 230 of the • Protecting Americans from Dangerous Algorithms Act; Representatives Tom Communications Decency Act provides Malinowski (D-NJ) and Anna Eshoo (D-CA) immunity for online publishers of third- • See Something Say Something Online Act; Senators Joe Manchin (D-WV) and party content published on such platforms. John Cornyn (R-TX) Specifically, the law states that “No provider • latform Accountability and Consumer Transparency Act; Senators John Thune P or user of an interactive computer service shall (R-SD) and Brian Schatz (D-HI) be treated as the publisher or speaker of any • nline Freedom and Viewpoint Diversity Act; Senators Roger Wicker (R-MS) O information provided by another information and Lindsey Graham (R-SC), chairmen of Senate Commerce and Senate content provider.” Some policy experts refer Judiciary Committees to these components of Section 230 as “the 26 words that created the internet.” In practice, this provides civil liability protection to online platforms that republish reining in the current policy, they have not yet Section 230, Rogue Online or host unlawful material, including illegal agreed on how to do it. Pharmacies, and 2021 online drug sales. There are targeted exceptions Last year, several pieces of legislation were The first 100 days of the new administration to the law, including a “good Samaritan” introduced on Capitol Hill – partisan and will be a defining time during which the provision that allows the deletion of obscene bipartisan proposals in both chambers of president and members of Congress will content removed in good faith and liability Congress. While no legislation advanced prioritize any number of specific policy exclusions when copyright or sex trafficking in 2020, two powerful congressional reforms. Given the extensive attention laws are infringed. However, unlawful content committees with jurisdiction over these Section 230 and illegal online activity still prevails on the internet, notwithstanding issues – the Senate Committee on the received across Washington, DC, in 2020, illicit drug sales. In recent years, NABP and Judiciary and the Senate Committee on this topic will certainly remain a policy of other public health stakeholders like ASOP Commerce, Science, and Transportation – interest in the 117th Congress, and there is Global have argued that Congress should take used the final weeks of the 116th Congress no shortage of proposed policy solutions up Section 230 reform and mandate that – at to hear testimony from the executives of to be considered. NABP will closely follow minimum – interactive computer service major technology platforms like Twitter, this debate as relevant policymakers on both providers proactively address the pervasive Facebook, and Google on the real-world sides of the aisle and across government look public health and patient safety threats that are practice of Section 230 immunity. Further, for opportunities to rein in these liability caused by illegal online pharmacies. the Trump Administration’s Department of protections or propose other policies that Justice released a comprehensive legislative could protect the public health by holding Section 230 Policy Changes framework to reform the law, while the illegal online pharmacies accountable. Proposed in 2020 Federal Communications Commission chief This article was written by Matthew J. Rubin In 2020, policymakers on both sides of the aisle argued that the federal government has the and Sarah-Lloyd Stevenson, MPH, with Faegre issued proposals to reform Section 230 and regulatory authority to reinterpret Section Drinker Biddle & Reath LLP. Please note, the address violative content online. Unsurprisingly, 230 through rulemaking without action from opinions and views expressed by Faegre Drinker a lot of the interest in the issue was fueled Congress. Supreme Court Associate Justice Biddle & Reath do not necessarily reflect the by potential foreign interference in the 2020 Clarence Thomas also spoke of “paring back official views, opinions, or policies of NABP or presidential election via the internet, causing the sweeping immunity” of Section 230 in a any member board unless expressly noted. both candidates and many members of Congress statement issued pursuant to MalwareBytes, to speak in favor of reform. While the existing Inc. v. Enigma Software Group USA, LLC. statute has long been lauded as an important An outright repeal of the law may be too policy protecting free speech and the ability blunt a solution, according to the technology for the internet to grow and modernize, the industry as well as leaders in Congress issue of internet reform has become a political who are championing several competing hot topic as allegations of censorship and free legislative proposals to make targeted speech infringement emerged leading into last changes to the liability protections. Of November’s election. These activities rekindled note, the bills noted above were introduced the Section 230 debate, creating a potential in the 116th Congress and may be up for opportunity for true reform. However, while consideration or debate in the 117th. decision makers in both political parties support FEBRUARY 2021 | 3
The Future of Public Health Protection in Our Hands Artificial Intelligence Applied to Medication Data 4 | FEBRUARY 2021
I’m sorry Dave, I’m afraid I can’t do that. For decades, the cool and ominous voice of HAL 9000 in 2001: A Space Odyssey and other tropes of science fiction have been the first things that come to mind when people hear the phrase artificial intelligence (AI). Yet, as we push into the third decade of the 21st century, many professions, including pharmacy, are experiencing gradual but steady transformations driven by applications of AI in the real world. So far, AI has helped pharmacists respond to issues such as drug shortages, drug recalls, the opioid epidemic, and even the coronavirus disease 2019 (COVID-19) pandemic. As the technology improves, it seems inevitable that the pharmacy profession’s perception of AI will continue moving beyond the realm of science fiction and into the day-to-day lives of pharmacists and pharmacy regulators. AI’s Strength Is in Mass Data Analysis personnel to investigate and confirm the root cause of any suspicious As discussed during a continuing education session at the 115 th activity and/or behavior. NABP Annual Meeting in 2019, AI is already becoming a part of our Without AI, an audit of only 5% of CS administrations normally daily lives. For example, smartphone technology with voice assistants takes several hours, according to a June 2020 article in Pharmacy or cars with advanced driver-assistance technology, including parking Times. AI-backed software systems can perform a complete audit of assistance or adaptive cruise control, are already using AI. Currently, all CS administrations in less time than it takes for staff to perform a AI technology utilizes three key features: neural networks that manual audit of just 5% of CS administrations. mimic some of the human brain’s ability to analyze, natural language Similarly, current AI technology can help with supply chain processing that allows machines to understand and generate human management. This is particularly useful when manufacturers language, and the use of sensors that allow machines to see through and dispensers need to respond to drug shortages and recalls. object detection and pattern recognition. By analyzing large amounts of current medication and their So far, the most successful applications of these features in health applications, AI can actually predict how medications can be care involve analysis of massive amounts of data to discover trends combined in new ways to create effective treatments. This can and flag anomalies. This is perhaps most evident in the way some expand the options available to pharmacists and other health care hospitals are now using AI to monitor and respond to diversion of providers for offering medication therapy for specific conditions. controlled substances (CS) by health care providers. By automating the task using AI-powered technology, researchers Studies indicate that hospital-based health care workers struggle may be able to discover new treatments more quickly. with substance use disorder (SUD) at rates that are similar to that Drug recalls have also presented significant hurdles for health care of the general population. For example, a 2014 study in the Western providers and patients in recent years. For example, in April 2020, Journal of Emergency Medicine found that 10-14% of emergency Food and Drug Administration issued a recall for all ranitidine physicians were affected by an SUD. A report published by Protenus products after discovering levels of N-Nitrosodimethylamine, a in 2018 found that 18.7 million dosage units of medication were lost probable human carcinogen, increased in potency over time. While due to misuse and other diversion by health care employees. This has there are a number of alternative medications for ranitidine that become such an important issue for health care providers that some patients can use to treat acid reflux, the large-scale nature of the recall pharmacy schools are directly teaching their students about it. For illustrates the challenge health care providers and patients can face example, the University of Michigan College of Pharmacy provides when common medications are no longer available. seminars, community work, and course content to teach students AI may help to manage recalls by pinpointing exactly when about medication management and how they should handle drug and where a drug was contaminated within the supply chain. diversion incidents. This allows teams to correct the issue more efficiently than using a Because AI can analyze massive data sets in short amounts of manual research-based process. AI also allows visibility down to each time, the technology can flag abnormalities in the management individual item. In other words, AI can track every vial and syringe of commonly abused medications, making it easier for hospital in a shipment from the manufacturer all the way to the patient. FEBRUARY 2021 | 5
This means that when a recall is issued, affected medications can In another article, published in the HealthManagement.org journal, be identified and removed from the supply chain more efficiently, Pearl noted the importance of separating the truth of AI technology resulting in a smaller impact on patient care. in health care from the hype. “AI might someday radically transform diagnostic medicine to the point it can identify cancer at the single- Skepticism and Misgivings Remain cell level. Exciting projections like these have led many entrepreneurs As AI in health care becomes more prominent, the technology and futurists to declare that machines will someday take over has become a more frequent subject of presentations and trade complex diagnoses entirely. Today, however, the most commonly used show discussions often held by technology companies eager to sell computer applications do not feature deep learning as with AI.” Pearl their latest inventions to health care providers, which continue to argues that most of these technologies, while lifesaving, are not “true” represent a large portion of the nation’s economy. Unfortunately, AI, and that they contribute to misunderstanding and even fear of many of these innovations have so far failed to cause lasting these tools. and widespread improvement in areas such as public health and One common misgiving about AI-driven technology is that it will patient safety, as explained by Robert Pearl, MD, in a February be used to replace and override professional diagnosis and treatment 2020 Forbes article. decisions made by human health care providers. In the health care “Tech companies too often set out to create AI innovations they industry, however, this has not been the case. Instead, AI systems can sell, rather than trying to understand the problems doctors and are employed as new tools that can ultimately improve the ability of patients need solved. At many traditional med-tech conferences and health care providers to give patients the best possible information in trade shows, for example, talks and sales pitches focus squarely on a timely manner. the technology while routinely overlooking the human fears and “AI is already transforming health care but will become increasingly frustrations that AI can address,” Pearl wrote in the article. valuable as investments in systems that can capture and manage data are made and clinical informatics entities work more collaboratively to address current data shortfalls,” said Doug Zurawski, PharmD, during an interview with Drug Topics. Zurawski is senior vice president of clinical strategy at Kit Check, Inc, maker of radio frequency identification/AI technology for hospital pharmacies to help with medication management – a technology that is vital to applications related to tracking and analyzing inventory. “It is incumbent upon us, in this industry and in this field, to take the lead and learn more, invest in systems that support AI and machine learning, and prepare for the future with access to artificial intelligence.” Use of AI applications The Future in pharmacy practice AI-based technology is giving pharmacists and other health care providers more opportunities to take an active role in patient care. This is important as value-based care models continue to be an and the drug supply increasingly vital part of health care. Pharmacists are highly trained in patient care, and yet, they too often must act as de facto supply chain experts to keep hospitals stocked with the medications they need. chain will likely With AI, pharmacists can direct more of their energy to patient care. Use of AI applications in pharmacy practice and the drug supply chain will likely continue to grow, perhaps bringing with them continue to grow, new regulatory questions. For example, how may pharmacists’ scope expand if more time can be devoted to patient care, or if perhaps bringing more diagnostic tools are available across health care teams? Can diversion tools give boards of pharmacy the ability to further support pharmacists and technicians in need of recovery networks to maintain with them new their licenses and safe practice? Can using AI to analyze mass amounts of data make recall and drug supply management more efficient, possibly alleviating some concerns with pharmacy working regulatory questions. conditions by freeing up time for other tasks? As AI technologies continue to emerge and develop, there have also been discussions about adequate guardrails to ensure good decision making and to protect patient privacy and health. Such discussions are vital to the continuing use of this technology as the technology must be ethical and effective, while also adhering to all existing laws and regulations for patient privacy and data security. 6 | FEBRUARY 2021
ASSOCIATION NEWS PMP InterConnect Is the Solution to Provider Challenges; GAO Report Examines Effectiveness of PDMPs PMP InterConnect, due to the system enabling states to have complete control over how their data is shared. PMP InterConnect creates a network between state PDMPs and is well established with over 4.67 billion transactions in the last 12 months. All major pharmacy chains and the military health system are connected. PMP InterConnect also provides the backbone for PMP Gateway – a third- party service that works in tandem with PMP InterConnect to facilitate a seamless integration of state PDMP data into the workflow of health care providers’ electronic health information systems, including hospitals, hospital systems, and pharmacies. PMP Gateway allows a patient’s prescription history to be viewed in one location, reducing provider assessment time. In fact, supporting data is available, which shows As the nation’s only national network of states, that PDMPs are useful in preventing that in some states, after PMP Gateway prescription drug monitoring programs drug misuse and potentially dangerous drug integration, prescriber engagement with (PDMPs), NABP PMP InterConnect® prescribing. However, the physicians and PDMP data has increased tenfold. facilitates over 1 billion patient encounters pharmacists from the 10 states interviewed While the GAO report aptly recognizes per year, connecting over 100,000 facilities also identified issues accessing PDMP the importance of PDMPs, interstate and 800,000 health care providers. NABP data, citing difficulty tapping into patient connectivity, and clinical integration, it is committed to growing this network to prescription histories across state lines does not tell the full story of the innovation ensure that as many providers are connected and clunky systems that require clicking that is already being implemented through as possible. within several computer applications before PMP InterConnect and other tools such PDMPs have been identified by the federal reaching the PDMP. as PMP Gateway. The solution for PDMP government as key tools to help ensure the connectivity across state lines already exists; safe and appropriate prescribing of opioids PMP InterConnect Is the Solution improvements to clinical integration are and other controlled substances (CS), and PDMPs originated as standalone systems in currently under way and already working Congress continues to make bolstering and each state and territory in the country and, for a number of large hospital systems improving PDMPs a priority. In fact, the therefore, were not originally connected state- and pharmacies. NABP looks forward to Substance Use-Disorder Prevention that by-state or clinically integrated into electronic working with Congress and the Biden Promotes Opioid Recovery and Treatment health records and other existing clinical Administration to bring this critical data to for Patients and Communities Act of systems. The infrastructure to solve both of even more providers. 2017 includes a provision for the United those issues now exists and has, in fact, been States Government Accountability Office updated in many states – it is just a matter of (GAO) to study the operation of PDMPs. implementing and continually improving it. The full GAO report may be accessed In response, GAO released a report, PMP InterConnect has linked state at www.gao.gov/assets/710/709907.pdf. “Prescription Drug Monitoring Programs: PDMPs since 2011, and today, 52 of 54 More information about the success Views on Usefulness and Challenges of PDMPs across the country are connected of PDMPs using PMP InterConnect Programs,” that examines how effectively to the information-sharing hub, sharing for exchanging data is available at health care providers have used PDMPs. PDMP data with one another. Even with https://pdmpworks.org/data-sharing- In the report, GAO found, in interviews the complexities of state laws that protect and-integration with physicians and PDMP directors in 10 sensitive data, data sharing is possible via FEBRUARY 2021 | 7
FEATURE NEWS Regulators Prepare for Pharmacist Involvement in COVID-19 Vaccine Rollout Governments, private companies, and billion in funding awards divided among six a pandemic-related vaccination campaign. nonprofit enterprises around the globe different vaccine manufacturers. In addition, But since the late 1990s, the laws have pushed for the swift development of a the National Institutes of Health established gradually changed and pharmacists have vaccine to help impede the spread of the the Accelerating COVID-19 Therapeutic been able to increase their scope of practice coronavirus disease 2019 (COVID-19), Interventions and Vaccines partnership to to include administering vaccinations. For a virus that has claimed the lives of more bring together various federal agencies, the a number of years, all US states as well as than 2 million people, including more private sector, and philanthropic stakeholders the District of Columbia and Puerto Rico than 400,000 people in the United States. in order to facilitate vaccine development. have allowed registered pharmacists to give In the US, part of this push came through US Food and Drug Administration (FDA) flu vaccines to adults. While state laws the federal Operation Warp Speed (OWS) issued regulatory guidance to maximize have and do vary widely beyond that one initiative, which included a general goal of safety despite the accelerated development generality, the trend in recent years has been accelerating the development, production, timeline. Concurrent with vaccine toward greater empowerment of pharmacists and administration of various COVID-19 development, stakeholders, including to provide immunizations, as states have vaccines, therapeutics, and diagnostics. government regulators from the federal steadily reduced age restrictions, increased Though the statistics are daunting, hope level to the boards of pharmacy, laid the the number of allowed vaccine types, and seems on the horizon with the approval of groundwork for vaccine distribution expanded autonomy. Almost all jurisdictions two vaccines in December – one developed and administration – a process in which allow trained and supervised pharmacy by Pfizer Inc and BioNTech SE and one pharmacists will play a prominent role. interns to administer vaccines as well, and a developed by Moderna. few states, including Idaho, Rhode Island, To advance this agenda, in October 2020, Expanding Scope of Practice and Utah, have even passed legislation the US Department of Health and Human Twenty-five years ago, pharmacists may allowing qualified pharmacy technicians to Services (HHS) announced more than $10 not have been considered a crucial part of administer vaccines to patients. 8 | FEBRUARY 2021
FEATURE NEWS With this expanded scope of practice, pharmacists are now viewed as an important part of influenza immunization campaigns. Pharmacies’ easy accessibility and pharmacists’ According to the National Association of Chain Drug Stores, pharmacists gave flu increasingly important role in providing influenza shots to nearly one-third of adults who vaccines were two factors HHS cited in using its received the vaccine in the 2018-2019 season emergency powers last August to increase pharmacists’ (about 38 million). A 2017 study examining the potential impact of retail pharmacies on scope of practice on a national scale, authorizing influenza vaccine administration projected state-licensed pharmacists to independently order and that, overall, the time to achieve 80% administer vaccines to children ages three through 18, vaccination coverage nationally was reduced by up to seven weeks when retail pharmacist subject to certain requirements. vaccination capacity was included in calculations, increasing national capacity to 25 million doses per week. to children ages three and up, as previously partnering with “large chain pharmacies Pharmacies’ easy accessibility and mentioned. The following month, HHS and networks that represent independent pharmacists’ increasingly important role in issued guidance authorizing state-licensed pharmacies and regional chains.” HHS providing influenza vaccines were two factors pharmacists to independently order stated that the COVID-19 vaccine would HHS cited in using its emergency powers and administer COVID-19 vaccines be administered at the partner pharmacy last August to increase pharmacists’ scope for patients ages three and older, again locations at no cost to patients. of practice on a national scale, authorizing subject to certain requirements; supervised state-licensed pharmacists to independently pharmacy interns were again included as Board of Pharmacy Actions order and administer vaccines to children authorized to administer the vaccines. And The boards of pharmacy addressed ages three through 18, subject to certain in October, HHS issued guidance adding many pandemic-related issues in 2020, requirements. The action was one of several “qualified pharmacy technicians” to the from carrying out state of emergency actions pharmacist scope of practice expansions “covered persons” under the PREP Act, (such as enabling out-of-state licensees HHS announced in 2020, explicitly allowing them to administer childhood to provide in-state services), dealing with preempting state laws while the COVID-19 and COVID-19 vaccines and COVID-19 unexpected issues (such as establishing hand gel public health emergency remains in effect. testing, again under the supervision of a compounding guidelines), addressing licensure HHS took the actions under the auspices licensed pharmacist and subject to certain renewal issues impacted by shutdowns (such of the Public Readiness and Emergency conditions. The guidance noted that to be as allowing a grace period for immunizing Preparedness Act (PREP Act), which “qualified,” pharmacy technicians must be pharmacists to renew their CPR certification), authorizes the HHS secretary “to issue a licensed and/or registered in accordance and managing day-to-day business during Declaration to provide liability immunity with state requirements or, if they work shutdowns and stay-at-home orders. to certain individuals and entities . . . in a state without licensure or registration Nonetheless, many states have also addressed against any claim of loss caused by . . . the requirements, they must have a certified the vaccine rollout as well as the federal manufacture, distribution, administration, or pharmacy technician certification from either preemption regarding vaccine administration. use of medical countermeasures . . . ” Earlier the Pharmacy Technician Certification Board Several boards of pharmacy, including in 2020, HHS had used these powers to or the National Healthcareer Association. those in Iowa, Texas, and Washington, designate licensed pharmacists as “qualified The Trump Administration had taken have used their websites to prominently persons” under the PREP Act and gave them additional measures to prepare for a provide their licensees with information the authorization to independently order COVID-19 vaccine rollout. In October, on registering to become COVID-19 and administer COVID-19 tests, whether HHS and the US Department of Defense vaccine providers. Nevada is offering or not the state in which a pharmacist was announced agreements with CVS and vaccine training for pharmacists to better licensed would ordinarily permit him or Walgreens pharmacy chains to provide help in the distribution of a COVID-19 her to do so. In August, citing the public and administer COVID-19 vaccines to vaccine. Arkansas and Kansas, among health threat posed by pandemic-caused residents of long-term care facilities (LTCFs) others, have used their websites to advise drops in childhood immunization rates, the nationwide, at no cost to those facilities; their licensees about the federal actions HHS secretary amended the declaration LTCFs had a two-week sign-up window affecting pharmacists and outlining to authorize licensed pharmacists to order for opting into the program. In November, the requirements pharmacists must and administer (and qualified, supervised HHS announced an allocation program meet to order and administer vaccines. pharmacy interns to administer) vaccines in which the federal government would be Other boards, including those in North FEBRUARY 2021 | 9
FEATURE NEWS NABP Emergency Passport Program Extended in Response to Vaccination Efforts Federal and state programs have placed pharmacists and other pharmacy personnel on the front lines of delivering covered countermeasures of the coronavirus disease 2019 (COVID-19) pandemic. These measures have evolved throughout the pandemic, and pharmacists, pharmacy technicians, and pharmacy interns will continue to play a critical role in the COVID-19 response, including with the national vaccination effort. In response, NABP has extended the operation of the Emergency Passport Program for pharmacists, pharmacy technicians, and pharmacy interns, which was set to expire on December 31, 2020. Passport holders for states continuing participation after December 31, 2020, continue to be active. New NABP Passport applications for participating states are Emergency Passport Program to practice in a state in which currently being accepted. Applicants cannot have any current you do not hold a license or registration. Since the program’s or prior board actions or discipline, with the exception of a launch, NABP has issued nearly 55,000 passports. minor continuing education infraction. Participation in the NABP Emergency Passport Program is NABP Passport was created in early 2020 to provide critical available to any individual or member board of pharmacy at licensure and disciplinary screening to assist member boards no cost. Currently, more than 15 states utilize or are preparing of pharmacy in safely and efficiently granting temporary to utilize NABP Passport. emergency licensure to pharmacists, pharmacy technicians, If your board has not previously participated in the and pharmacist interns in response to COVID-19. Authority program, please contact the NABP Member Relations and to practice on a temporary or emergency basis is granted Government Affairs department at governmentaffairs@nabp exclusively by the states and in accordance with state emergency .pharmacy. More information about the NABP Passport is orders or as otherwise determined by that state’s board of available at https://nabp.pharmacy/coronavirus-updates/passport. pharmacy. NABP does not grant authority through the Carolina, Ohio, and Virginia, issued who follow the federal guidelines would States have also taken vaccine-related documents walking their licensees through not be penalized. Ohio advised licensees action in addition to the board of pharmacy. the differences between preexisting that federal actions had created “two In Montana, for example, the state’s state laws and the preemptive federal processes for the administration of FDA- governor issued a directive suspending requirements and noting that pharmacists authorized or FDA-licensed COVID-19 those parts of the public health laws that vaccines by Ohio pharmacists and would have conflicted with the HHS pharmacy interns, one authorized by preemption. The Minnesota Legislature section 4729.41 of the Revised Code passed a law authorizing pharmacists to . . . and a temporary process established administer a COVID-19 vaccine when it States and the federal by HHS in response to the COVID-19 became available. Meanwhile, in September, government continue pandemic . . . Pharmacists and pharmacy the California State Assembly passed a bill to plan for a widespread interns must comply [fully] with either allowing pharmacists to independently the federal or state process . . .” The initiate and administer vaccines in a manner distribution of a COVID-19 Massachusetts Board of Registration similar to the HHS directive. vaccine that could help end in Pharmacy issued a temporary policy States and the federal government the pandemic. designed to align state requirements with continue to plan for a widespread the HHS August amendment addressing distribution of a COVID-19 vaccine that childhood vaccines. could help end the pandemic. 10 | FEBRUARY 2021
ASSOCIATION NEWS NABP Receives BBB Torch Award for Marketplace Ethics NABP received its mission to protect the public health. the Better Business Through its programs and services, NABP Bureau (BBB) aims to establish trust in the marketplace “It is gratifying to be of Chicago and while supporting public health and ensuring recognized for the work Northern Illinois’s patient safety. Torch Award for “It is gratifying to be recognized for that we consider to be Marketplace Ethics the work that we consider to be ‘the ‘the right thing to do.’” on December 10, right thing to do,’” remarked NABP — Lemrey “Al” Carter, PharmD, MS, RPh, 2020. The Torch Award is the most Executive Director/Secretary Lemrey “Al” NABP Executive Director/Secretary prestigious BBB award presented to Carter, PharmD, MS, RPh. Displaying exceptional organizations for their values of cooperation and innovation dedication to integrity and ethical not only translates to protecting public business practices. The year 2020 health but also permeates the culture at marked the first year this award was NABP. “We pride ourselves on being a supports local outreach efforts through granted to an organization in BBB’s great place to work,” said Carter. NABP fundraising and volunteer opportunities new category for associations. employees thrive in the professional, team- with organizations such as Feed My NABP’s core practices demonstrate its oriented environment that consistently Starving Children, Make-A-Wish Illinois, belief in high ethical standards, which demonstrates the values of respect, Maryville Academy, and Mercy Home for is central to the BBB’s principles. The dedication, and innovation. Boys and Girls in Chicago. Association stands out as a leader in the In addition, NABP takes pride in its pharmacy community while exercising commitment to community and actively FEBRUARY 2021 | 11
ASSOCIATION NEWS NABP President Fensky Promotes MAT Initiative via Association Resources, Virtual Events eligible for Accreditation Council for Pharmacy dozen meetings with legislators and staff from Education-accredited continuing pharmacy US Congressional offices, including Senators education credit. More information is available Maggie Hassan (D-NH), Lisa Murkowski in the Resources section of the NABP website (R-AK), and Representative Paul Tonko (D- under Educational Programs. NY). Meetings were also held with staff from The NABP Task Force on Medication- the Senate Committee on Health, Education, Assisted Treatment met virtually in Labor, and Pensions and the House Committee November 2020. The task force was charged on Energy and Commerce. with the following objectives: The meetings supported Fensky’s initiative to • Reviewing current federal and state laws improve patient access to MAT by encouraging and regulations related to MAT the passage of the bill, which calls for the • xamining the language in the E elimination of the requirement that practitioners Model State Pharmacy Act and Model apply for a separate waiver through Drug Rules of the National Association of Enforcement Administration to offer MAT. NABP President Timothy D. Fensky, RPh, Boards of Pharmacy and, if necessary, If passed, the bill could reduce barriers to care DPh, FACA, has worked diligently to promote recommending amendments that allow and improve access to MAT through additional his presidential initiative of expanding pharmacists to be key leaders in opioid practitioners, including pharmacists. pharmacist-provided medication-assisted safety and patient care. treatment (MAT) for patients diagnosed with Additional information about the task force opioid use disorder (OUD). Since he first will be provided in future communications. announced his initiative at the 116th Annual NABP Video Highlights Meeting, Fensky has worked closely with Spreading the Word Pharmacists’ Role in NABP staff, member boards of pharmacy, via Virtual Events Increasing Access to MAT legislators, and other stakeholders to further In addition to promoting pharmacist- The important role that this important objective during his term and provided MAT for OUD patients via NABP pharmacists can play in improving beyond. Working within the current reality of resources, Fensky shared information about patient access to medication-assisted “all virtual, all the time,” Fensky used videos, the initiative at other industry-related and treatment (MAT) is the subject webinars, virtual meetings, and NABP’s website governmental events. of a new video as part of NABP to disseminate his message. In August 2020, he served as a panelist for President Fensky’s MAT initiative. the webinar “Addressing Access and Utilization Fensky educates viewers about NABP Initiative Efforts of Opioid Overdose Reversal Medications,” the value and efficacy of MAT for Last year, NABP added a Presidential Initiative which was hosted by the Collaborative for treatment of opioid use disorder page to its website (www.nabp.pharmacy/ Effective Prescription Opioid Policies and (OUD). In addition, the video about/presidential-initiative) that describes the Mothers Against Prescription Drug Abuse. Key explains the barriers that limit initiative; the steps Fensky, NABP, and member discussion points for the webinar were reducing patient access to treatment, provides boards will utilize to advance the initiative; overdose deaths through increased naloxone information on what the boards of links to MAT resources, articles, and blogs; and access and utilization, and understanding pharmacy and NABP are doing to a video featuring Fensky discussing MAT. COVID-19 implications on overdose reversal. eliminate these barriers, and advises Also, in October 2020, NABP held a live Fensky and NABP Executive Director/ on what pharmacists can do in their educational webinar titled “Medication-Assisted Secretary Lemrey “Al” Carter, PharmD, MS, daily practice to support patients Treatment: Overcoming Barriers to Improve RPh, participated in several virtual Hill days in suffering from OUD. Access for Patients.” Presenters addressed September 2020 to discuss the Mainstreaming The video may be accessed on patients’ struggles with addiction and recovery, as Addiction Treatment Act (S 2074) with the Presidential Initiative page of well as the steps that states are taking to increase committee and legislative staff. Over the the NABP website and on NABP’s MAT access. Fensky also provided an overview course of two days, they discussed how the YouTube channel. of his initiative. This webinar was recorded act would benefit patients struggling with and is now available as a home study webinar OUD. The discussions included more than a 12 | FEBRUARY 2021
117TH ANNUAL MEETING Enhancing Networks and Expanding Access to Protect Public Health 117th NABP Annual Meeting | Virtual | May 13-14, 2021 Join Your Colleagues for: NABP Annual Business Sessions Virtual networking opportunities Keynote: Kris Paronto, inspiring hero of Educational Poster Session the 2012 Benghazi attack (Contact Prof-Affairs@nabp.pharmacy for details.) Continuing pharmacy education (CPE) sessions, including pre-meeting CPE on May 12 Registration available in March at www.NABPAnnualMeeting.pharmacy FEBRUARY 2021 | 13
INTERVIEW WITH A BOARD MEMBER Todd Barrett, RPh Secretary, Mississippi Board of Pharmacy When were you appointed to the practices of pharmacy benefits managers that Board of Pharmacy? What type of might potentially violate the law. member are you? I was first licensed as a pharmacist in 1988 Has the Board encountered any in Mississippi and currently hold licenses in challenges to developing and/or Arkansas, Mississippi, and Tennessee. I began implementing these new policies, practicing pharmacy as a consultant pharmacist legislation, or regulations? with a long-term care (LTC) pharmacy chain Yes. Our state legislature passed legislation with facilities in these states. Most of my practice in 2017 creating the Occupational experience has been in LTC pharmacy and Licensing Review Commission, which specialty pharmacy, with a short stint exploring provides oversight for new regulations that sales with Eli Lilly & Co. I was appointed to occupational boards write. Regulations the Mississippi Board of Pharmacy in 2013 and passed by occupational boards require review Mississippi began serving on the Board in July 2013. I was and approval from the Commission. With fortunate to serve as president of the Board from recent elections, new representation, and the Board of Pharmacy July 2017 to June 2018. coronavirus disease 2019, the Commission’s ability to meet has been impacted and Number of Board What steps should a Board member review of some of the regulations passed Members take to be successful? by the Board has not taken place. No new 7 pharmacist members A good understanding of the charge for regulations are put into place until they are the board (ie, to protect the public) should passed by this Commission. always be in the forefront of every action Number of Compliance or initiative of the board. A comprehensive What advice would you give to a Officers/Inspectors grasp of every practice setting is not possible, new board member? 5 but a general concept of the challenges in Develop your relationships with more delivering patient care within a practice experienced board members and continue to helps prevent introductions of unnecessary develop relationships with your professional Rules & Regulations regulatory burdens. Networking with your network. There will be times when you will Established by Board of Pharmacy, board members and with those in other want perspective on practice specialty areas approved by states helps one gain perspective. and issues that fall outside of your own Mississippi experience. You can solicit perspective from Occupational Licensing What are some recent policies, your colleagues, even while maintaining the Review Commission legislation, or regulations your level of confidentiality that is required of Board has implemented or is board members. Number of currently working on? Pharmacist The Board has responded to the opioid Have you served as a member of any Licensees crisis in Mississippi by requiring pharmacists NABP task forces or committees, or 6,357 to become better educated on drugs of attended NABP or district meetings? abuse. Additional continuing education I attend district meetings whenever possible Number of requirements for pharmacists related to and have had the opportunity to attend some Pharmacies opioids were implemented in 2019. Other of the NABP Annual Meetings as well. I also 1,462 regulations that are being explored or participated on the Task Force on Medication developed address physician dispensing, Synchronization in 2014. Meetings with telepharmacy, and drug facility licensing board members from other states allowed Number of Wholesale rules and regulations. me to better understand how NABP Distributors Additionally, the Pharmacy Benefit Prompt supports each state’s board of pharmacy with 45 Pay Act of 2020 will require the Board to model regulations and how states can offer manage complaints from permitted facilities consistency in regulatory measures. and licensed pharmacists regarding certain 14 | FEBRUARY 2021
AROUND THE ASSOCIATION Board Member Appointments • J eff “Troy” Menard, RPh, has been Board Member Reappointments • Tammy Lindemuth has been appointed appointed a member of the Louisiana • Lana Bell, RPh, has been reappointed a public member of the Alaska Board of Board of Pharmacy. Menard’s a member of the Alaska Board of Pharmacy. Lindemuth’s appointment will appointment will expire June 30, 2025. Pharmacy. Bell’s appointment will expire expire March 1, 2021. • endra Metz, PharmD, RPh, has been K March 1, 2022. • Sharon Long has been appointed a appointed a member of the Minnesota • ichard Holt, MBA, PharmD, RPh, has R public member of the Alaska Board Board of Pharmacy. Metz’s appointment been reappointed a member of the Alaska of Pharmacy. Long’s appointment will will expire January 1, 2024. Board of Pharmacy. Holt’s appointment expire March 1, 2022. • Richard Tomasso has been appointed a will expire March 1, 2024. • J ustin Ruffridge, PharmD, RPh, public member of the Nevada State Board • arl W. Aron, RPh, has been C has been appointed a member of the of Pharmacy. Tomasso’s appointment will reappointed a member of the Louisiana Alaska Board of Pharmacy. Ruffridge’s expire October 31, 2022. Board of Pharmacy. Aron’s appointment appointment will expire March 1, 2024. • ichael K. Bedenbaugh, MS, MBA, M will expire June 30, 2026. • Nick Goodman has been appointed a PharmD, RPh, has been appointed • Jacqueline L. Hall, PD, RPh, has been public member of the Arizona State Board a member of the South Carolina reappointed a member of the Louisiana of Pharmacy. Goodman’s appointment Department of Labor, Licensing, and Board of Pharmacy. Hall’s appointment will expire January 20, 2025. Regulation – Board of Pharmacy. will expire June 30, 2026. Bedenbaugh’s appointment will expire • Cedar Ann Lahann, PharmD, RPh, has • Marty R. McKay, RPh, has been been appointed a member of the Arizona June 30, 2026. reappointed a member of the State Board of Pharmacy. Lahann’s • Archie L. McKnight, RPh, has been Louisiana Board of Pharmacy. McKay’s appointment will expire January 20, 2025. appointed a member of the South appointment will expire June 30, 2026. Carolina Department of Labor, • heodore G. Tong, PharmD, FAPhA, T • onnie Bagwell, RPh, has been R RPh, has been appointed a member of the Licensing, and Regulation – Board of reappointed a member of the Mississippi Arizona State Board of Pharmacy. Tong’s Pharmacy. McKnight’s appointment will Board of Pharmacy. Bagwell’s appointment will expire January 15, 2024. expire June 30, 2025. appointment will expire June 30, 2025. NABP Accreditations and Verifications NABP awarded a total of 77 accreditations and verifications from September 1 to October 31, 2020. The breakdown by program is as follows: Drug Distributor Digital Pharmacy Accreditation: .Pharmacy Verified Accreditation: 3 Websites: 56 18 formerly known as Verified-Accredited formerly known as Verified Internet Wholesale Distributors® Pharmacy Practice Sites® To see the names of businesses accredited and verified by NABP, visit the Association’s website at www.nabp.pharmacy/programs. FEBRUARY 2021 | 15
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