North Carolina SB 414: Pharmacists/Test and Treat.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 414

Short Title: Pharmacists/Test and Treat. (Public)
Sponsors: Senators Jones, Ford, and Moffitt (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S414-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW PHARMACISTS TO TEST AND TREAT FOR CERTAIN ILLNESSES 2
WITH CERTAIN MEDICATIONS APPROVED BY THE BOARD OF PHARMACY, TO 3
PROVIDE FOR FAIR AND EQUITABLE REIMBURSEMENT OF HEALTH CARE 4
SERVICES OR PROCEDURES THAT ARE PERFORMED BY A PHARMACIST 5
WITHIN THAT PHARMACIST'S SCOPE OF PRACTICE AND THAT ARE 6
EQUIVALENT TO SERVICES PERFORMED BY OTHER HEALTH CARE 7
PROFESSIONALS, AND TO APPROPRIATE FUNDS TO THE DEPARTMENT OF 8
INSURANCE. 9
The General Assembly of North Carolina enacts: 10
SECTION 1.(a) G.S. 90-85.3 reads as rewritten: 11
"§ 90-85.3. Definitions. 12
... 13
(b2) "CLIA-waived test" means a laboratory test approved by the Food and Drug 14
Administration and determined by the Centers for Medicare and Medicaid Services to qualify for 15
a waiver under the federal Clinical Laboratory Improvement Amendments of 1988 and safe for 16
use in non-laboratory settings. 17
(b3) "Clinical pharmacist practitioner" means a licensed pharmacist who meets the 18
guidelines and criteria for such title established by the joint subcommittee of the North Carolina 19
Medical Board and the North Carolina Board of Pharmacy and is authorized to enter into drug 20
therapy management agreements with physicians in accordance with the provisions of 21
G.S. 90-18.4. 22
...." 23
SECTION 1.(b) G.S. 90-85.3A reads as rewritten: 24
"§ 90-85.3A. Practice of pharmacy. 25
... 26
(b) A pharmacist may advise and educate patients and health care providers concerning 27
therapeutic values, content, uses, and significant problems of drugs and devices; assess, record, 28
and report adverse drug and device reactions; take and record patient histories relating to drug 29
and device therapy; administer drugs; monitor, record, and report drug therapy and device usage; 30
perform drug utilization reviews; and participate in drug and drug source selection and device 31
and device source selection as provided in G.S. 90-85.27 through G.S. 90-85.31. 32
... 33
(e) A pharmacist may order and perform a CLIA-waived test to do any of the following: 34
(1) Assist with clinical decision making related to the use and monitoring of 35
medications. 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 414-First Edition
(2) Treat influenza, COVID-19, pharyngitis caused by group A streptococcus, 1
and other health conditions screened by utilizing a CLIA-waived test, in 2
accordance with statewide protocols. A pharmacist shall not treat a health 3
condition under this section with any controlled substance classified in 4
Schedules I–IV." 5
SECTION 1.(c) This section becomes effective October 1, 2025. 6
SECTION 2.(a) Article 3 of Chapter 58 of the General Statutes is amended by adding 7
a new section to read: 8
"§ 58-3-241. Healthcare services provided by pharmacists. 9
(a) The following definitions apply in this section: 10
(1) Healthcare provider. – Either of the following: 11
a. An individual who is licensed, certified, or otherwise authorized under 12
Chapter 90 of the General Statutes to provide healthcare services in 13
the ordinary course of business or practice of a profession or in an 14
approved education or training program. 15
b. A health care facility licensed under Chapter 131E or Chapter 122C of 16
the General Statutes and where healthcare services are provided to 17
patients. 18
(2) Healthcare services. – Any of the following health or medical procedures or 19
services rendered by a healthcare provider: 20
a. Testing, diagnosis, or treatment of a health condition, illness, injury, 21
or disease. This includes testing, diagnosis, or treatment rendered by a 22
pharmacist acting within the pharmacist's scope of practice. 23
b. Dispensing of drugs, medical devices, medical appliances, or medical 24
goods for the treatment of a health condition, illness, injury, or disease. 25
c. Administration of a vaccine or medication. 26
(3) Pharmacist. – An individual licensed to practice pharmacy under Article 4A 27
of Chapter 90 of the General Statutes or the relevant laws of another state. 28
(b) A health benefit plan offered by an insurer in this State shall cover healthcare services 29
provided by a pharmacist if all of the following conditions are met: 30
(1) The service or procedure was performed within the pharmacist's licensed 31
lawful scope of practice. 32
(2) The health benefit plan would have covered the service if the service or 33
procedure had been performed by another healthcare provider. 34
(c) The participation of a pharmacy in a drug benefit provider network of a health benefit 35
plan shall not satisfy any requirement that insurers offering health benefit plans include 36
pharmacists in medical benefit provider networks." 37
SECTION 2.(b) G.S.