Nashville, TN (November 19, 2021) – Earlier this week, pharmacy organizations praised a decision by the Eighth Circuit of the U.S. Court of Appeals to back North Dakota’s right to regulate PBMs. The case of PCMA v. Wehbi is the first to consider, at the federal appellate level, the scope of the Supreme Court’s unanimous 2020 decision in Rutledge v. PCMA. That ruling upheld a law in Arkansas that regulated PBMs. In July, APhA, NCPA, North Dakota Pharmacists Association, Arkansas Pharmacists Association, Iowa Pharmacy Association, Minnesota Pharmacists Association, Missouri Pharmacy Association, Nebraska Pharmacists Association, and South Dakota Pharmacists Association filed an amicus curiae brief defending North Dakota’s position in the case. The ruling has implications beyond North Dakota, as many states, including Tennessee, work to advance and enforce PBM reforms.

TPA is keenly aware of the impact of this decision. TPA will continue its work with state leadership to ensure that Public Chapter 569 and all other Tennessee laws impacting the practices of PBMs are upheld and enforced. “The recent decision of the Eighth Circuit Court further showcases that states have the right to regulate PBMs. This decision will only assist in TPA’s efforts to ensure PBMs are held accountable to Tennessee law,” said TPA Executive Director Anthony Pudlo. While more work is needed, TPA will continue to advocate for increased transparency and accountability for PBMs at the state level.

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About the Tennessee Pharmacists Association
The Tennessee Pharmacists Association represents the profession of pharmacy across the state, united for the purpose of promoting safe and effective medication use to improve the health of patients. Since 1886, the Tennessee Pharmacists Association has preserved and advanced the interests of the profession and has served the professional needs of all pharmacists, student pharmacists, and pharmacy technicians.