SB 335 — Pharmacists/Test and Treat/Influenza and Strep.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 21 SENATE BILL 335 Health Care Committee Substitute Adopted 4/2/25 Short Title:

Pharmacists/Test and Treat/InfluenzaTreat/Influenza. & Strep.

Senators Sawrey, Galey, and Burgin (Primary Sponsors).

Rules and Operations of the Senate March 20, 2025 A BILL TO BE ENTITLED AN ACT TO ALLOW PHARMACISTS TO TEST AND TREAT FOR CERTAIN ILLNESSES WITH CERTAIN MEDICATIONS APPROVED BY THE BOARD OF PHARMACY, TO PROVIDE FOR FAIR AND EQUITABLE REIMBURSEMENT OF HEALTH CARE SERVICES OR PROCEDURES THAT ARE PERFORMED BY A PHARMACIST WITHIN THAT PHARMACIST'S SCOPE OF PRACTICE AND THAT ARE EQUIVALENT TO SERVICES PERFORMED BY OTHER HEALTH CARE PROFESSIONALS, AND TO APPROPRIATE FUNDS TO THE DEPARTMENT OF INSURANCE.

… (b2) "CLIA-waived test" means a laboratory test authorizedapproved by the Food and Drug Administration and waiveddetermined bythe Centers for Medicare and Medicaid Services to qualifyfor a waiver under the federal Clinical Laboratory Improvement Amendments of 1988.1988 and safe for use in non-laboratory settings.

monitor, record, and report drug therapyandtherapy and device usage;

… (e) A pharmacist may order and perform a CLIA-waived test and initiate treatment pursuant to thetreat result of the CLIA-waived test for (i) influenza andby (ii)utilizingaCLIA-waivedtest, streptococcus infections in accordanceaccordancewith withstatewideprotocols. statewide protocols.

AApharmacist pharmacist shall not treat *S335-v-1* General Assembly Of North Carolina Session 2025 a health condition under this section with any controlled substance classified in Schedules I through IV." SECTION 1.(c) This section becomes effective October 1, 2025.

*S335-v-2* General Assembly Of North Carolina Session 2025 SECTION2.(a) Article3ofChapter58oftheGeneralStatutesisamended byadding a new section to read:

Dispensing of drugs, medical devices, medical appliances, or medical goods forthetreatment of ahealthcondition, illness,illness,injury,ordisease. injury,ordisease.

(b) A health benefit plan offered by an insurer in this State shall cover healthcare services provided by a pharmacist at no less than the same rate as any other healthcare provider performing the same service if all of the following conditions are met:

(c) The participation of a pharmacyin a drug benefit provider network of a health benefit plan shall not satisfy any requirement that insurers offering health benefit plans include pharmacists in medical benefit provider networks.networks." SECTION 2.(b) G.S.

(d) An insurer shall accept a claim under this section regardless of whether it is submitted by a pharmacist or a pharmacy submitting the claim on behalf of a pharmacist the pharmacy employs or contracts with." SECTION 2.(b) G.S.

58-3-223, unless contractinghealth careproviders ableto meet healthneeds oftheinsuredoftheinsuredare are reasonablyavailable to the insured without unreasonable delay.

Page 2 Senate Bill 335-Second Edition General Assembly Of North Carolina Session 2025 "(e) NotwithstandinganyprovisionofthisArticletothecontrary,allrequirementsrelating to the coverage of prescription drugs and pharmacy services under this Chapter that apply to Page 2 Senate Bill 335-First Edition General Assembly Of North Carolina Session 2025 health benefit plans are applicable to a third-party administrator in the same way they are applicable to an insurer." SECTION 2.(e) Article 56A of Chapter 58 of the General Statutes is amended by adding a new section to read:

NoThe laterState thanHealth OctoberDirector, 1,in 2025,consultation with the North Carolina Medical Board of Pharmacy and the North Carolina BoardMedical ofBoard, Pharmacy,shall indevelop conjunctionstatewide withprotocols thefor Stateimplementing HealthSection Director,1(b) shallof adoptthis rulestoimplementtheprovisionsofSection1ofthisact.Ataminimum,thoserulesshallinclude:act.

(1)The Anstatewide approvedprotocol courseshall ofinclude treatmentpatient pharmacistsparameters maynecessitating implementreferral forto influenzaa andprimary, streptococcusurgent, infections.or emergency care provider.

(2) Protocols for testing and treatment of influenza and streptococcus infections that balance patient safety with ensuring access to care provided by pharmacists.

(3) If the Boards deem it appropriate, rules (i) limiting the number of times a patient can be treated by a pharmacist in a given time span and (ii) creating an audit mechanism to enforce those rules.

(4) Patient parameters necessitating referral to a primary, urgent, or emergency care provider.

(5) Any other rules the Boards deem necessary.

Senate Bill 335-Second335-First Edition Page 3