Pharmacists/Test and Treat/Influenza & Strep.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 4
SENATE BILL 335
Health Care Committee Substitute Adopted 4/2/25
Commerce and Insurance Committee Substitute Adopted 4/8/25
Fourth Edition Engrossed 4/10/25

Short Title: Pharmacists/Test and Treat/Influenza & Strep. (Public)
Sponsors:
Referred to:
March 20, 2025
*S335-v-4*
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 REIMBURSE MENT OF HEALTH CARE 4
SERVICES OR PROCEDUR ES THAT ARE PERFORME D BY A PHARMACIST 5
WITHIN THAT PHARMACI ST'S SCOPE OF PRACTI CE AND THAT ARE 6
EQUIVALENT TO SERVIC ES PERFORMED BY OTHE R HEALTH CARE 7
PROFESSIONALS, AND T O 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 authorized by th e Food and Drug 14
Administration and waived under the Clinical Laboratory Improvement Amendments of 1988. 15
(b3) "Clinical pharm acist practitioner" means a licensed pharmacist who meets the 16
guidelines and criteria for such title established by the joint subcommittee of the North Carolina 17
Medical Board and the North Carolina Board of Pharmacy and is authorized to enter into drug 18
therapy management agreements with physicians in accordance with the provisions of 19
G.S. 90-18.4. 20
…." 21
SECTION 1.(b) G.S. 90-85.3A reads as rewritten: 22
"§ 90-85.3A. Practice of pharmacy. 23
… 24
(b) A pharmacist may advise and educate patients and health care provid ers concerning 25
therapeutic values, content, uses, and significant problems of drugs and devices; assess, record, 26
and report adverse drug and device reactions; take and record patient histories relating to drug 27
and device therapy; administer drugs; monitor, record, and report drug therapy and device usage; 28
perform drug utilization reviews; and participate in drug and drug source selection and device 29
and device source selection as provided in G.S. 90-85.27 through G.S. 90-85.31. 30
… 31
(e) A pharmacist may order and perform a CLIA -waived test and initiate treatment 32
pursuant to the result of the CLIA -waived test for (i) influenza and (ii) streptococcus infections 33
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 335-Fourth Edition
in accordance with statewide protocols. A pharmacist shall not treat a health condition under this 1
section with any controlled substance classified in Schedules I through IV." 2
SECTION 1.(c) This section becomes effective October 1, 2025. 3
SECTION 2.(a) Article 3 of Chapter 58 of the General Statutes is amended by adding 4
a new section to read: 5
"§ 58-3-241. Healthcare services provided by pharmacists. 6
(a) The following definitions apply in this section: 7
(1) Healthcare provider. – Either of the following: 8
a. An individual who is licensed, certified, or otherwise authorized under 9
Chapter 90 of the General Statutes to provide healthcare services in 10
the ordinary course of business or practice of a profession o r in an 11
approved education or training program. 12
b. A health care facility licensed under Chapter 131E or Chapter 122C of 13
the General Statutes and where healthcare services are provided to 14
patients. 15
(2) Healthcare services. – Any of the following health or medical procedures or 16
services rendered by a healthcare provider: 17
a. Testing, diagnosis, or treatment of a health condition, illness, injury, 18
or disease. This includes testing, diagnosis, or treatment rendered by a 19
pharmacist acting within the pharmacist's scope of practice. 20
b. Dispensing of drugs, medical devices, medical appliances, or medical 21
goods for the treatment of a health condition, illness, injury, or disease. 22
c. Administration of a vaccine or medication. 23
(3) Pharmacist. – An individual licensed to practice pharmacy under Article 4A 24
of Chapter 90 of the General Statutes or the relevant laws of another state. 25
(b) A health benefit plan offered by an insurer in this State shall cover healthcare services 26
provided by a pharmacist if all of the following conditions are met: 27
(1) The service or procedure was performed within the pharmacist 's licensed 28
lawful scope of practice. 29
(2) The health benefit plan would have covered the service if the service or 30
procedure had been performed by another healthcare provider. 31
(c) The participation of a pharmacy in a drug benefit provider network of a health benefit 32
plan shall not satisfy any requirement that insure rs offering health benefit plans include 33
pharmacists in medical benefit provider networks. 34
(d) An insurer shall accept a claim under this section regardless of whether it is submitted 35
by a pharmacist or a pharmacy submitting the claim on behalf of a pharma cist the pharmacy 36
employs or contracts with." 37
SECTION 2.(b) G.S. 58-3-230 is amended by adding a new subsection to read: 38
"(d) Insurers that delegate credentialing agreements or requirements for pharmacists 39
licensed under Article 4A of Chapter 90 of the General Statutes or the relevant laws of another 40
state to a contracted healthcare facility shall accept the credentialing for all pharmacists employed 41
by, or contracted with, those healthcare facilities." 42
SECTION 2.(c) G.S. 58-56-26 is amended by adding a new subsection to read: 43
"(e) Notwithstanding any provision of this Article to the contrary, all requirements relating 44
to the coverage of prescription drugs and pharmacy services under this Chapter that apply to 45
health benefit plans are applicable to a third -party administrator in the same way they are 46
applicable to an insurer." 47
SECTION 2.(d) Article 56A of Chapter 58 of the General Statutes is amended by 48
adding a new section to read: 49
"§ 58-56A-55. Health benefit plan requirements applicable. 50
General Assembly Of North Carolina Session 2025
Senate Bill 335-Fourth Edition Page 3
All requirements relating to the coverage of prescription drugs and pharmacy services under 1
this Chapter that apply to health benefit plans are applicable to a pharmacy benefits manager in 2
the same way they are applicable to an insurer." 3
SECTION 2.(e) This section is effective October 1, 2025, and applies to insurance 4
contracts entered into, renewed, or amended on or after that date. 5
SECTION 3. No later than October 1, 2025, the State Health Director shall issue a 6
standing order authorizing a pharmacist to order and perform a CLIA -waived test and initiate 7
treatment for influenza and streptococcus infections in accordance with G.S. 90-85.3A(e) as 8
amended by Section 1 of this act. The standing order shall include protocols for testing and 9
treatment of influenza and streptococcus infections that balance patient safety with ensuring 10
access to care provided by pharmacists. The standing order shall remain in effect until the earlier 11
of the date the permanent rules described in Section 4 of this act become effective or January 1, 12
2027. 13
SECTION 4. No later than October 1, 2025, the North Carolina Medical Board and 14
the North Carolina Board of Pharmacy, in conjunction with the State Health Director, shall adopt 15
rules to implement the provisions of Section 1 of this act. At a minimum, those rules shall include: 16
(1) An approved course of treatment pharmacists may implement for influenza 17
and streptococcus infections. 18
(2) Protocols for testing and treatment of influenza and streptococcus in fections 19
that balance patient safety with ensuring access to care provided by 20
pharmacists. 21
(3) If the Boards deem it appropriate, rules (i) limiting the number of times a 22
patient can be treated by a pharmacist in a given time span and (ii) creating an 23
audit mechanism to enforce those rules. 24
(4) Patient parameters necessitating referral to a primary, urgent, or emergency 25
care provider. 26
(5) Any other rules the Boards deem necessary. 27
SECTION 5. Except as otherwise provided, this act is effective when it becom es 28
law. 29