Greetings, OAPA Members:
It’s finally November 1 and the much anticipated implementation of SB 1322 takes effect today.
We are pleased that the resolution of the ratio issue continues to move forward to the satisfaction of OAPA and we will have this issue finally resolved in the very near future after three years of negotiations with stakeholders.
Schedule IIs and PA Prescribing
As you know, the new law that takes effect today allows physician assistants to prescribe and administer Schedule II through V controlled dangerous substances written and oral prescriptions and orders as delegated by the delegating physician as approved by the State Board of Medical Licensure and Supervision (SBMLS) and after consultation with the State Board of Pharmacy on the Physician Assistant Drug Formulary.
However, other than the law taking effect today, we are still waiting on the OSBMLS to pass and implement administrative rules and for the State Board of Pharmacy to notify its members to proceed to fill prescriptions presented by PAs. We asked and you responded with over 145 public comments in writing in support of the draft rules as presented. Thank you!
What’s next? Can I start prescribing Schedule IIs today?
Legally, yes. Below is a memorandum from our attorneys outlining the legal support for this action. Feel free to share this memo with your health care systems, providers and pharmacists. However, we hear that some pharmacies WILL fill the prescriptions, while others MAY NOT pending notification from their own licensing body.
What’s the OSBML doing about this? And, what can I do?
A subcommittee of the OSBML comprised of physicians and one lay member has met and continues to meet to develop another set of rules for public consideration. There is no PA on this new subcommittee, even though OAPA requested to have representation. If you are so inclined, please call the OSBML at 405.962.1400 and ask why a PA is not represented on the subcommittee working on the PA rules and when can a draft of new rules be expected to be released to the public.
Will new draft rules have time for comment or input by OAPA?
Yes. If a new set of draft rules are developed, they will have to go undergo the same process as the previous draft rules, including notice to the public, allowing for public written and verbal comments and action by the OSBML. You can be sure that OAPA will be prepared to weigh in on our opinions, if/when those new draft rules are available.
What should I tell pharmacists or others who ask me what to do?
Again, tell them to call the OSBML at 405.962.1400 and ask when they will be providing guidance to pharmacists and providers on how to proceed. We have been told that the Pharmacy Board is deferring questions to the OSBML. Just today, I spoke with one pharmacist who was genuinely wanting to do the proper thing and he indicated that he was going to call the OSBML.
This is frustrating! What does OAPA plan on doing about this situation?
Yes! We agree wholeheartedly! OAPA leadership is just as frustrated as you are; however, we cannot control what other boards may or may not do and there is no recourse for lack of action by a state agency. Please know that we have met numerous times with our attorneys since June 2022 to prepare for this date and are exploring all avenues in how to proceed to push forward this process.
So, now what?
In the meantime, if you have continued questions or concerns, please direct them to the OSBML at 405.962.1400 or feel free to call the OAPA office or email Jan at firstname.lastname@example.org. And, please know that if/when we have any feedback from the OSBML, our members will be the first to know.
Thank you for your continued support and response when we call for action.
Your OAPA Lobby Team
Jan, Matt & Tyler