Washington, D.C.—Both the National Community Pharmacists Association (NCPA) and the American Pharmacists Association (APhA) celebrated the U.S. Department of Health and Human Services (HHS) extension of certain pharmacist authorities through December 2024.

HHS Secretary Xavier Becerra announced in April that, in the coming weeks, he would issue an amendment to the declaration under the PREP Act for medical countermeasures against COVID-19. That would allow pharmacists—as well as pharmacy technicians and interns—to continue administering COVID-19 and flu vaccinations to patients aged 3 years and older.

“Ensuring patients can keep accessing these and other important healthcare services at their local community pharmacy is critical for millions of Americans. We’re grateful to Secretary Becerra and the Biden administration for recognizing this with today’s announcement and will continue working to ensure that community pharmacies remain engaged in the fight against the coronavirus and other diseases,” said NCPA CEO B. Douglas Hoey.

The HHS said, “By issuing this amendment, the Secretary of HHS intends to allow pharmacies to continue their critical roles in our response, even after certain products transition to traditional health care pathways.”

The APhA commended HHS for the action, saying the group “is grateful that HHS listened to the concerns of APhA and others in the pharmacy community in expressing a need for HHS to clarify the role of pharmacists and pharmacy teams when the public health emergency expires on May 11, 2023.”

The following changes will occur with the amended declaration:

• Extending coverage for COVID-19 vaccines, seasonal influenza vaccines, and COVID-19 tests. PREP Act immunity from liability will be extended through December 2024 to pharmacists, pharmacy interns, and pharmacy technicians to administer COVID-19 and seasonal influenza vaccines (to children and adults aged 3 years and older, consistent with other requirements) and COVID-19 tests, regardless of any U.S. government (USG) agreement or emergency declaration
• Extending coverage through December 2024 for federal agreements, including all activities related to the provision of COVID-19 countermeasures that are 1) provided based on a federal agreement (including the vaccines and treatments purchased and provided by the USG), or 2) directly conducted by the USG, including by federal employees, contractors, or volunteers
• Ending of coverage for certain activities. Once products are no longer distributed under a USG agreement, PREP Act coverage will no longer extend to the following activities:
          – COVID-19 vaccination by nontraditional providers (e.g., recently retired providers and students)
          – COVID-19 vaccinations across state lines by licensed providers and pharmacists and pharmacy interns
          – Coverage for routine childhood vaccinations: Once there is no emergency in effect, PREP Act coverage will no longer extend to all routine childhood vaccinations by pharmacists, pharmacy interns, and pharmacy technicians.

Not changing will be coverage for certain prescribing and dispensing of COVID-19 oral antivirals, according to APhA, which explained, “The PREP Act will continue to offer liability immunity for pharmacists, pharmacy technicians, and pharmacy interns dispensing COVID-19 treatments, in accordance with a U.S. Food and Drug Administration (FDA) authorization, such as the oral antiviral treatments Paxlovid and Lagevrio. In the case of Paxlovid, pharmacists are permitted to prescribe the treatment under certain circumstances. These oral antiviral treatments are available at over 40,000 provider locations, including more than 35,000 retail pharmacies.”

It also noted that the “Test to Treat” program will not change, and pharmacists and other providers will continue to receive liability protection under the PREP Act.

The APhA also argues that the temporary authorities are not enough and calls for the passage of H.R. 1770, the Equitable Community Access to Pharmacist Services Act, to establish a permanent payment pathway for these services under Medicare Part B.

The content contained in this article is for informational purposes only. The content is not intended to be a substitute for professional advice. Reliance on any information provided in this article is solely at your own risk.

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