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State of the States August 25, 2023



NationalThe Drug Enforcement Administration’s (DEA) final rule on Transfer of Electronic Prescriptions for Schedules II-V Controlled Substances Between Pharmacies for Initial Filing becomes effective next week, August 28th. The final rule can be found here. It amends current regulations to “allow the transfer of electronic prescriptions for schedules II-IV controlled substances between retail pharmacies for initial filling, upon request from the patient, on a one-time basis.”


The U.S. Occupational Safety and Health Administration (OSHA) announced a corporate-wide settlement this week that cites Family Dollar and Dollar Tree for unsafe conditions and assesses a $1.35 million penalty. The stores must create “a plan to identify causes and make operational changes to correct them within a two-year period.” If the stores are found to be in violation again, they could receive fines of $100,000 per day per violation, up to $500,000 as well as further enforcement actions.


TXThe Texas Department of Insurance (TDI), Division of Workers’ Compensation (DWC) is reviewing several sets of rules in accordance with a state law requiring agencies to review rules. Public comments are being accepted on whether the “reasons for initially adopting these rules continue to exist” or should be repealed, amended, or readopted.

  • Chapter 102 (Practices and Procedures-General Provisions).
  • Chapter 104 (General Provisions-Rulemaking).
  • Chapter 109 (Workers’ Compensation Coverage for State Employees).
  • Chapter 110 (Required Notices of Coverage).
  • Chapter 112 (Scope of Liability for Compensation).
  • Chapter 114 (Self-Insurance).
  • Chapter 116 (General Provisions-Subsequent Injury Fund)

Comments are due by October 3rd. Send your written comments or hearing request to

TNThe Bureau of Workers’ Compensation (BWC) is holding a hearing on September 18th on proposed amendments to the rules for its medical impairment rating registry program.  The amendments would increase cancellation fees owed to providers who are selected from the registry to resolve disputes over medical impairment. Another amendment would add chiropractors to the list of providers who are authorized to conduct the impairment evaluations.


METhe Maine Department of Labor (MDOL) revealed that in the second quarter of 2023, they continued to see an increase of violations involving youth workers. Violations range from the lack of a work permit to working outside hourly restrictions and in certain hazardous industries.

Employers in Maine and throughout the country are experiencing a tight labor market, and as a result are relying more heavily on younger workers to meet their workforce needs. Applications for minor work permits in Maine increased nearly 75% between 2017 and 2022. So far in 2023, the Department has received over 4,700 work permit applications. Of those, about 200 have been denied due to the application being for a hazardous occupation not allowed under the law.”



According to Work Comp Central, the Minnesota Department of Labor and Industry announced it will once again assess penalties against insurers, TPAs, and claims administrators who do not respond to initial requests for information. The agency would formerly send follow-up requests, but now they will resume initiating penalties for noncompliance. The first five violations result in a warning. It takes six or more violations before penalty dollars are assessed.


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