ISMS Members Testify in Opposition to the New Pharmacy “Test and Treat” Law
July 19, 2024
On the night before Illinois’ budget agreement was reached, Governor Pritzker offered a pharmacist test and treat provision in the package of bills related to the fiscal budget as a compromise with the Illinois Retail Merchants Association (IRMA).
This provision permits pharmacists to provide in-pharmacy tests for certain conditions and then dispense medication as necessary to treat the patient if a positive test occurs. The conditions covered under the legislation include COVID-19, the flu, strep, RSV and head lice.
The bill was neatly “tucked inside” the Medicaid omnibus bill, which the governor signed last month.
Last Friday, the Illinois House Health Care Licenses Committee convened and heard comments from an ISMS member of the Committee, State Representative William Hauter, M.D.; ISMS member Susan F. Sirota, M.D.; and ISMS Legislative Affairs staff Scott Reimers. The hearing was called because this major scope expansion, which was rushed into passage, needs to be further examined.
Mr. Reimers stressed that, as the bill stands, there are no “guard rails,” which should be set up by either the rule making process or a trailer bill. There are no limits in the type of patients that pharmacists can treat – they will be able to treat babies, children and adults who may have underlying health conditions. Further, the legislation does not include any collaborative agreements with physicians.
“I want to make clear my opposition to legislation that permits pharmacists to test for and treat pediatric conditions as well as make clear the unintended harm it can cause children,” said Dr. Sirota. “While the design of this legislation on the surface might appear to make healthcare more convenient and more accessible in underserved areas in Illinois, two critical premises have been overlooked. One, pharmacists are highly trained in pharmacology, but they are not trained to diagnose and treat children … so this does not belong in a pharmacist’s scope of practice. And two, the most convenient and the highest quality of care for children can be found not in a pharmacy but in a pediatric medical home.”
Dr. Hauter asked why IRMA, a retail organization devoted to profits for their members, pushed this legislation through in an omnibus bill, ignoring the stakeholders, the witness slips, the testimony, the debate, the amendments and the entire process of legislation and committee oversite.
“In medicine, the most dangerous practitioner is the one who does not have any boundaries, doesn’t know what they don’t know,” said Dr. Hauter. “Pharmacists and pharmacy techs do not understand how dangerous RSV can be in a kid. It scares me when someone thinks they can take care of kids, sick kids without the proper training.”
Representative Bob Morgan, the chair of the Committee, closed the session by stating that they will continue to work on this issue.
If you have questions, please contact ISMS Senior Vice President of State Legislative Affairs Erin O'Brien by email.