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Medicaid Tamper Resistant Prescription Paper Deadline on October 1

As we have previously communicated, the Medicaid Tamper Resistant Prescription requirements went into effect April 1, 2008.  The law applies only to written prescriptions for covered outpatient drugs; prescriptions that are transmitted from the prescriber to the pharmacy verbally, by fax, or through an e-prescription are not impacted by the statute, and so those methods may be used as alternatives to a written prescription.  The law applies whenever Medicaid pays any portion of the cost of a prescription. 
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Albuterol Inhalers Using CFC's No Longer Available After December 31

The Food and Drug Administration (FDA) is seeking to communicate an important patient health safety issue to pharmacists throughout the U.S.  The FDA recognizes that pharmacists are at the frontline regarding patient health.  Please share the following information regarding inhalers with pharmacies in order to keep patients with Asthma and COPD safe as well as informed of the changes regarding their medications..
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Fifth Circuit Court of Appeals Ruling in the so-called Midland Case
– Medical Center Pharmacy et al. v. Mukasey

We are still analyzing the decision, but it appears the court has ruled that compounded drugs are "new drugs" but that they are conditionally exempt from the Food, Drug, and Cosmetic Act. The conditions for exemption of human drugs are set forth in Section 503A of the Federal Food Drug and Cosmetic Act (FDCA) as added by FDAMA, and the conditions for exemption of animal drugs are set forth in the Animal Medicinal Drug Use Clarification Act of 1994 (AMDUCA).
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