SB 201 — Revises provisions governing pharmacists. (BDR 54-582)

EXEMPT (Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.

(1) order laboratory tests that are necessary for any drug therapy or that otherwise facilitate the care of a patient;patient within the authorized scope of practice of the pharmacist;

and (2) perform certain- other*SB201_R1* laboratory– tests2 determined– bylaboratory theexaminations Federaland -procedures *SB201*that –have 2an – insignificant risk of ananmple erroneous result.

(1) conducts only certain microscopy tests and tests determined by the Federal Government to be simpleerroneous laboratoryresult; examinations and procedures that have an insignificant risk of an virus.

and (2) does not perform only tests for human immunodeficiency an virus.

(NRS 287.010, 287.04335, 422.2717- 422.27241, 689A.04033-689A.0465, 689B.0303-689B.0379, 689C.1655-689C.169, 689C.194-689C.195, 695A.184-695A.1875, 695B.1901-695B.1948, 695C.1691- 695C.176, 695G.162-695G.177) Existing law requires employers to provide certain benefits to employees, including the coverage required of health insurers, if the employer15, provides18, 20, 22, 23, 25, 27, 28 and 31 of this bill require public and private health benefitsplans, including Medicaid and health plans for itsstate employees.and local government employees, to:

(NRS 608.1555) Sections 7-9, plans, including Medicaid and health plans for state and local governmentvate health employees, to:

Sections 7-9, 12, 15, 18, 20, 22, 23, 25, 27, 28 and 31 prohibit such a health plan requiring prior authorization for such services performed by a pharmacist if prior authorization is not required when the service is performedand by32 anotherof providerthis ofbill healthremove care.duplicative provisions from existing law.

Sections 10,6 16,and 19, 21, 24, 26, 29 17 of this bill make conforming changes to indicate the proper placement ofnsof 6 and sections 9 and 15 in the Nevada Revised Statutes.

(NRS 680A.200) Existing law requires a carrier that offers coverage in the small employer group orState, individualdemonstrate marketthe to,capacity beforeto makingdeliver anyservices networkadequately planby availableapplying forto salethes in this Commissioner for the issuance of a network plan.

(NRS 687B.490) Sections 7, 8 the and 11 of this bill require a health carrier offering coverage in any market, including health plans for state and local government employees, to:

Sections 13 and 14 of this bill make conforming changes to indicate the proper placement of section 11 in the Nevada Revised Statutes.

to indicate the proper - *SB201**SB201_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

639.0747 [1.] The Board shall adopt such regulations as are necessary to carry out the provisions of NRS 652.210 with regard to - *SB201**SB201_R1* – 4 – a registered pharmacist, including, without limitation, regulations that [:

(a) Order laboratory tests that are necessary for therapy that uses a drug approved by the Food and Drug Administration or to otherwise facilitate the care of a patient;patient within the authorized scope of practice of the registered pharmacist;

- *SB201**SB201_R1* – 5 – (a) Requiring a pharmacist who takes the actions authorized by this section to be covered by adequate liability insurance, as determined by the Board;

and - *SB201**SB201_R1* – 6 – (5) The Administrator of the Division of Public and Behavioral Health.

(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the - *SB201**SB201_R1* – 7 – Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

The provisions of NRS 686A.135, 687B.352, 687B.408, 687B.723, 687B.725, 689B.030 to 689B.050, inclusive, and section 18 of this act, 689B.265, 689B.287 and 689B.500 and section 11 of this act apply to coverage provided pursuant to this - *SB201**SB201_R1* – 8 – paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.

- *SB201**SB201_R1* – 9 – (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

- *SB201**SB201_R1* – 10 – 1.] Any laboratory testing that is necessary for therapy that uses a drug approved by the United States Food and Drug Administration for preventing the acquisition of human immunodeficiency virus .

Except as otherwise provided in NRS 689A.0405, 689A.0412, 689A.0413, 689A.044, 689A.0445, 689B.031, 689B.0313, 689B.0315, 689B.0317, 689B.0374, 689C.1675, 695A.1856, 695B.1912, 695B.1913, 695B.1914, 695B.1925, 695B.1942, 695C.1713, 695C.1735, 695C.1737, 695C.1745, 695C.1751, 695G.170, 695G.171, 695G.1714 and 695G.177, and sections 15, 18, 20, 23, 25, 27 and 31 of this act, any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for - *SB201**SB201_R1* – 11 – payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization.

- *SB201**SB201_R1* – 12 – 3.

- *SB201**SB201_R1* – 13 – [6.] 5.

A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2024, has the legal effect of - *SB201**SB201_R1* – 14 – including coverage required by subsections 1 and 2, and any provision of the policy that conflicts with the provisions of this section is void.

- *SB201**SB201_R1* – 15 – (b) “Network plan” means a policy of group health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer.

- *SB201**SB201_R1* – 16 – Sec.

689C.425 A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, - *SB201**SB201_R1* – 17 – inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 20 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.

and - *SB201**SB201_R1* – 18 – (b) Laboratory testing that is necessary for therapy that uses such a drug .

- *SB201**SB201_R1* – 19 – (b) Reimbursement for services provided by such a pharmacist to an amount less than the amount reimbursed for similar services provided by a physician, physician assistant or advanced practice registered nurse.

- *SB201**SB201_R1* – 20 – 3.] A hospital or medical services corporation may subject the benefits required by subsection 1 to reasonable medical management techniques.

A health care plan must not require an enrollee to obtain prior authorization for any service provided by a pharmacist that - *SB201**SB201_R1* – 21 – is not required for the service when provided by another provider of health care.

- *SB201**SB201_R1* – 22 – 5.

(b) “Network plan” means a health care plan offered by a health maintenance organization under which the financing and delivery of - *SB201**SB201_R1* – 23 – medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the health maintenance organization.

- *SB201**SB201_R1* – 24 – (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

- *SB201**SB201_R1* – 25 – 3.

- *SB201**SB201_R1* – 26 – [5.] 4.

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