Legislative Agenda for the 2001 Legislative Session: (adopted by the NMPhA Executive Council November 2000).
1. Uniform Prescription Benefit Card.
HB 537 UNIFORM PRESCRIPTION CARDS.
Sponsored by Representative King.
Passed both House and Senate - Vetoed by the Governor.
2. Modify the Pharmacy Act definition of the practice of pharmacy to allow pharmacists to provide patient immunizations without a prescription from a practitioner.
SB 353 PHARMACISTS' PRESCRIPTIVE AUTHORITY.
Sponsored by Senator Ingle.
This bill has the support of the NM Medical Society after amendments were adopted.
Passed both House and Senate - Signed by the Governor.
3. Amend the insurance code to allow for equal co-payment requirements on prescription benefits.
HB 303 STANDARD CO-PAYMENTS: PRESCRIPTIONS.
Sponsored by Representative Trujillo-Knauer.
Tabled in HCPAC. Died on session adjournment.
4. Support legislation to provide help for Seniors in purchasing prescriptions.
HB 297S PRESCRIPTION DRUG DISCOUNT. SUBSTITUTE.
Sponsored by Representative Paul: Taylor.
SB 142 PRESCRIPTION DRUG DISCOUNT PROGRAM.
Sponsored by Senator Feldman
SB 142 Passed both the House & Senate and was Vetped by the Governors.
Action on the companion bill was not continued.
Both bill have been substituted to clarify language requiring HSD to pay pharmacies the rebate amount upon receiving the claim (can't wait until the rebate is received from the manufacturer).
HB 300 PRESCRIPTION DRUG SENIOR PROGRAM.
Sponsored by Representative John Heaton, R.Ph..
SB 143 PRESCRIPTION DRUG SENIOR PROGRAM.
Sponsored by Senator Feldman.
HB 300 and SB 143 are Identical (For the Legislative Health and Human Services Committee)
SB 143 Passed both the House & Senate and was Vetped by the Governors.
Action on the companion bill was not continued.
5. Legislation to require bonding of PBM's.
No legislation was introduced on this issue.
Other Legislation important to NMPhA:
HB 299 HEALTH INSURANCE. Sponsored by Representative Heaton.
This is "Any Willing Provider" legislation.
Died.
HB 301 PRESCRIPTIONS: FAIR PRICING ACT.
Sponsored by Representative Heaton.
SB 141 PRESCRIPTION DRUG FAIR PRICING.
Sponsored by Senator Kidd. (HB 301 & SB 141 are Identical)
(For the Legislative Health and Human Services Committee)
Both died on adjournment of the session.
HB 502 REIMPORTED DRUGS. Sponsored by Representative Heaton.
Passed both House & Senate but died on adjournment.
SB 320 SALE OF SYRINGES. Sponsored by Senator Maes.
Passed both House and Senate - Signed by the Governor.
HB 812 SALE OF SYRINGES. Sponsored by Representative Knauer.
Died on adjournment.
(SB 320 & HB 812 are Identical)
HJM 20 CONSUMER DRUG ADVERTISING. Sponsored by Representative Godbey.
Passed.
HJM 21 STATE AGENCY ON AGING.
Sponsored by Representative Williams-Stapleton..
Passed.
HJM 22 STUDY: PRESCRIPTION DRUG COSTS.
Sponsored by Representative Trujillo-Knauer.
Passed.
SB 144 PRESCRIPTION DRUG BULK PURCHASING.
Sponsored by Senator Feldman.
Died.
Editorial Comment by Megan Thompson, PharmD Student
The Legislature and 7th grade Social Studies
I think it was in my seventh grade Social Studies class where I learned the "How a Bill becomes a Law" routine. If you ask me today, sadly I could
neither recite nor draw that very complicated diagram of each branch of the government, what piece of legislation goes where at what time, day of the week, whatever. After that seventh grade Social Studies test, I really never
had any interest in how the government worked, nor did I care - until now.
I am a graduating student from the College of Pharmacy. During this last year of pharmacy school, one of the rotations I requested was to spend a month
with the New Mexico Pharmaceutical Association. It was an elective for me, but it was the only administrative type of rotation that intrigued me. I didn't
know what to expect. Maybe a paper? Some administrative work? An idea of how the association operated? I wasn't really sure.
In comes Dale Tinker.
Dale Tinker, for those of you who don't know, is lobbyist for pharmacists around the state of New Mexico. He spoke to my class in our first year of
pharmacy school and told us how important it was to be involved in professional associations, etc. He mentioned what new laws were pending in the legislature, where pharmacists in New Mexico were going to be in 10
years, whether or not we would be able to prescribe in the future, and so on. He is our lawmaker. Pharmacists give ideas to improve the future of pharmacy for New Mexico and Dale fights for our issues.
Attending the 2001 Legislative Session in Santa Fe was a new experience for me. I didn't know where to go or how to act or where to sit down. It is a busy
place filled with Senators, Representatives, lobbyists, and staff members. It was such an informal place. No one was listening to the person with the microphone, everyone was talking to somebody else, and the Speaker of the
House didn't even seem to be listening to who ever "had the floor." It was much like my seventh grade Social Studies class being lead by a substitute
teacher, without the spit wads. When and how does anything get done I wondered. When do I actually get to hear "Yea or Nay?" How does this process work?
I had always imagined lobbyists were around to "wine and dine" the guys who actually make the laws happen, when actually, it's the lobbyists who actually
make "the deals." Dale's legislative agenda is long. His job during these sessions is to introduce 16-some odd bills dealing with pharmacy and
pharmacists. If passed, these bills will change the way we practice pharmacy.
As I mentioned above, Dale's legislative agenda is long: Prescription Drug Benefits for Seniors, Standard Co-pay on Prescription Drugs, NM
Prescription Drug Discount Act, Prescriptive Authority for Pharmacists, etc. I sat in on a few committee hearings about these acts in hopes that there would
be no argument from anyone and it would be sent straight to the governor's office. Much to my dismay, most of the bills Dale has been fighting for are
lucky to make it out of those committee hearings alive. A Senior Prescription Plan - making prescriptions more affordable for seniors - who would fight that
? Somebody will. Standard co-pays on prescription drugs - giving the patient the freedom to choose what pharmacy to use without having to pay extra or higher co-pays somewhere else - a good thing? I thought so, but several
members of the committee did not. A Discount Prescription Act - one that would make prescriptions affordable for those who are at or below the federal poverty level - why is this a bad thing? Some members of the committee have
reasons to believe that it is. Sometimes these bills are DOA and they stop at the committee. Sometimes these bills are moved on to other committees, but
are not supported by anyone. And very few times (it seemed to me), bills are moved on to be heard by other committees, are supported by most, then moved on the floor. There it is decided if the bill is worthy to be signed (or
vetoed) by the governor. I can't imagine the frustration Dale and other lobbyists and lawmakers must feel when they make it as far as the governor's
office, only to have it vetoed. The process is long and oftentimes tedious, but it works. It's worked for over 200 years.
The bill that interested me the most this past month was the Pharmacist's Prescriptive Authority Act. If passed, this bill would enable pharmacists to
administer flu shots, pneumonia shots and vaccines, without a prescription. The bill would also include dispensing other medications, emergency contraception for instance, without a prescription. It would be up to the
pharmacist to decide how to get the best care to the patient in certain cases. It seems to me that by enabling this bill, pharmacists would be providing
extended care to those people who couldn't get to their doctor in time for whatever reason, especially in rural areas. New Mexico has one of the worst
rates for childhood immunizations. Employers are able to receive flu shots at their place of business. Shouldn't a pharmacy be another obvious place to
receive one? A pharmacy is one of the most accessible places to anyone. I believe pharmacists would be doing a great disservice by turning people away
who don't have a prescription for these very specific things. Is it simply a turf battle? Are we really trying to do what's best for the patient by not allowing this?
Of course, there are two sides to every story. The opposition to this bill is a very strong one. Physicians are not willing to give up prescriptive authority to
pharmacists. While that is perfectly acceptable, it is interesting to note that physicians have given up prescriptive authority to nurse practitioners, nurse
midwives, psychologists and physician assistants. Under this bill, there would only be pharmacist prescriptive authority on very specific items and for no
reason could pharmacists prescribe anything other than what is stated in the bill. And although Pharmacist Clinicians qualify for this, they are still unable to
use most of their training without a prescription from the physician. I suppose if I were a physician, I would have a difficult time giving up the authority to
prescribe. Otherwise, why would I go to medical school for years if I couldn't be the one to decide how my patient was treated? As I mentioned before, it is
a very strong and valid opposition. I'm glad I don't have to decide. Obviously I know what I want, and most pharmacists know what they want. Suddenly
the lawmakers and elected officials don't seem so bad. I learned to appreciate both sides of an issue. It really is difficult for these representatives to make the
right decision, and I respect that even when I don't get what I want.
In closing, Dale asked me to write an editorial on my experience in the legislature. Our legislative process is a very complicated one. I had forgotten
this from seventh grade. Laws come and go and are passed every year and I never once took the time to understand how my issues and my concerns and my problems were dealt with at the state and even federal level. The fact is,
they are dealt with and I'm not the only one with concerns for my profession and issues regarding how the practice can be improved. It really does start
with us, pharmacists and students that is. If you are a student ready to start your fourth year, I would STRONGLY advise that you sign up for a rotation with the New Mexico Pharmaceutical Association with Dale Tinker. I was
lucky enough to experience this rotation during the legislative session and would tell you to do the same. Dale is our lawmaker. He turns pharmacist's
ideas into laws. His work at the legislature dictates how we practice and will practice pharmacy. For those of you who aren't students, go to Santa Fe on
your own time or during the session and just watch how it's done. I assure you it's a lot more complicated and a heck of a lot more interesting than your seventh grade social studies class ever was.
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