Florida Senate - 2021                                     SB 928
       
       
        
       By Senator Rodrigues
       
       
       
       
       
       27-00961A-21                                           2021928__
    1                        A bill to be entitled                      
    2         An act relating to antiretroviral drugs; creating s.
    3         465.1861, F.S.; defining terms; authorizing
    4         pharmacists to order and dispense preexposure and
    5         postexposure prophylaxis drugs without a prescription
    6         under certain circumstances; requiring pharmacists to
    7         complete specified training before ordering or
    8         dispensing such drugs without a prescription;
    9         authorizing pharmacists to order and dispense a
   10         specified supply or full course, as applicable, of
   11         such drugs to patients without prescriptions if
   12         certain conditions are met; authorizing the Board of
   13         Pharmacy, in consultation with the Board of Medicine,
   14         the Department of Health, and other relevant
   15         stakeholders, to adopt rules; creating s. 627.4291,
   16         F.S.; defining terms; prohibiting certain health
   17         insurers from requiring prior authorization or step
   18         therapy protocols for certain antiretroviral drugs;
   19         providing an exception; prohibiting health insurers
   20         from refusing to cover, or allowing pharmacy benefit
   21         managers to refuse to cover, preexposure or
   22         postexposure prophylaxis drugs under certain
   23         circumstances; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 465.1861, Florida Statutes, is created
   28  to read:
   29         465.1861Antiretroviral drugs.—
   30         (1)As used in this section, the term:
   31         (a)“HIV” means the human immunodeficiency virus.
   32         (b)“Postexposure prophylaxis” means any of the following:
   33         1.A fixed-dose combination of 300 milligrams of tenofovir
   34  disoproxil fumarate with 200 milligrams of emtricitabine, taken
   35  once daily, in combination with either 400 milligrams of
   36  raltegravir, taken twice daily, or 50 milligrams of
   37  dolutegravir, taken once daily.
   38         2.A fixed-dose combination of 300 milligrams of tenofovir
   39  disoproxil fumarate with 200 milligrams emtricitabine, taken
   40  once daily, in combination with a fixed-dose combination of 800
   41  milligrams of darunavir and 100 milligrams of ritonavir, taken
   42  once daily.
   43         3.Any other drug or drug combination deemed by the board
   44  to meet the same clinical eligibility recommendations of the
   45  United States Centers for Disease Control and Prevention
   46  guidelines for antiretroviral postexposure prophylaxis after
   47  sexual, injection drug use, or other nonoccupational exposure to
   48  HIV.
   49         (c)“Preexposure prophylaxis” means a fixed-dose
   50  combination of 300 milligrams of tenofovir disoproxil fumarate
   51  with 200 milligrams of emtricitabine, or another drug or
   52  combination of drugs which the board deems to meet the clinical
   53  eligibility recommendations of the United States Centers for
   54  Disease Control and Prevention guidelines for preexposure
   55  prophylaxis for the prevention of HIV infection.
   56         (2)Notwithstanding any other law, a pharmacist may order
   57  or dispense an HIV preexposure or postexposure prophylaxis
   58  without a prescription in accordance with this section. Before
   59  ordering or dispensing such medicinal drug, a pharmacist must
   60  first complete a training program approved by the board which
   61  includes all of the following:
   62         (a)Training in the use of preexposure and postexposure
   63  prophylaxis.
   64         (b)Information about any financial assistance programs for
   65  preexposure and postexposure prophylaxis.
   66         (c)Any other topic the board deems appropriate. The board
   67  shall consult with the Board of Medicine, the department, and
   68  other relevant stakeholders when making such determinations.
   69         (3)A pharmacist may order or dispense up to two 30-day
   70  supplies of preexposure prophylaxis to a patient without a
   71  prescription if all of the following conditions are met:
   72         (a)The patient is HIV negative, as documented by a
   73  negative HIV test result, obtained within the preceding 7 days,
   74  from an HIV antigen or antibody test, an antibody-only test, or
   75  a rapid, point-of-care fingerstick blood test approved by the
   76  federal Food and Drug Administration. If the patient does not
   77  provide evidence of a negative HIV test in accordance with this
   78  paragraph, the pharmacist must order an HIV test. If the test
   79  results are not transmitted directly to the pharmacist, the
   80  pharmacist must verify the test results to his or her
   81  satisfaction. If the patient tests positive for HIV infection,
   82  the pharmacist or person administering the test must direct the
   83  patient to a primary care provider and provide to the patient a
   84  list of available providers and clinics in the region.
   85         (b)The patient does not report any signs or symptoms of
   86  acute HIV infection, as indicated on a self-reported checklist
   87  of acute HIV infection signs and symptoms which was provided by
   88  the pharmacist.
   89         (c)The patient does not report taking any contraindicated
   90  medications.
   91         (d)The pharmacist has not ordered two 30-day supplies of
   92  preexposure prophylaxis for the patient without a prescription
   93  in the preceding 2-year period.
   94         (e)The pharmacist provides counseling to the patient on
   95  the ongoing use of preexposure prophylaxis, to include, at a
   96  minimum, education about side effects, safety during pregnancy
   97  and breastfeeding, adherence to recommended dosing, and the
   98  importance of timely testing and treatment, as applicable, for
   99  HIV, renal function, hepatitis B, hepatitis C, sexually
  100  transmitted diseases, and pregnancy for individuals of child
  101  bearing capacity. A pharmacist may not allow a patient to waive
  102  this counseling.
  103         (f)The pharmacist informs the patient that the patient
  104  must be seen by a primary care provider to receive subsequent
  105  prescriptions for preexposure prophylaxis and that a pharmacist
  106  may order only up to two 30-day supplies without a prescription
  107  in one 2-year period for each patient.
  108         (g)The pharmacist documents and maintains in the pharmacy
  109  records system a record of each 30-day supply of preexposure
  110  prophylaxis ordered or dispensed to the patient without a
  111  prescription. The pharmacist or pharmacy must maintain such
  112  records for at least 4 years.
  113         (h)The pharmacist notifies the patient’s primary care
  114  provider that the pharmacist ordered or dispensed preexposure
  115  prophylaxis to the patient in accordance with this section. If
  116  the patient does not have a primary care provider or refuses
  117  consent to notify the patient’s primary care provider, the
  118  pharmacist must provide the patient a list of physicians,
  119  surgeons, clinics, or other health care service providers to
  120  contact regarding ongoing care for preexposure prophylaxis.
  121         (4)A pharmacist may order or dispense a full course of
  122  postexposure prophylaxis without a prescription if all of the
  123  following conditions are met:
  124         (a)The pharmacist screens the patient and determines that
  125  the exposure occurred within the previous 72 hours and the
  126  patient otherwise meets the clinical criteria for postexposure
  127  prophylaxis consistent with the applicable guidelines issued by
  128  the United States Centers for Disease Control and Prevention.
  129         (b)The pharmacist provides to the patient HIV testing that
  130  is deemed a waived test under the federal Clinical Laboratory
  131  Improvement Amendments of 1988 or the patient is willing to
  132  undergo HIV testing in accordance with s. 381.004. If the
  133  patient refuses to undergo HIV testing but is otherwise eligible
  134  for postexposure prophylaxis under this section, the pharmacist
  135  may order or dispense postexposure prophylaxis to the patient.
  136         (c)The pharmacist provides counseling to the patient on
  137  the use of postexposure prophylaxis, consistent with guidelines
  138  issued by the United States Centers for Disease Control and
  139  Prevention, to include, at a minimum, education about side
  140  effects, safety during pregnancy and breastfeeding, adherence to
  141  recommended dosing, and the importance of timely testing and
  142  treatment, as applicable, for HIV and sexually transmitted
  143  diseases. The pharmacist must also inform the patient of the
  144  availability of preexposure prophylaxis for persons who are at
  145  substantial risk of acquiring HIV. A pharmacist may not allow a
  146  patient to waive this counseling.
  147         (d)The pharmacist notifies the patient’s primary care
  148  provider that the pharmacist ordered or dispensed the
  149  postexposure prophylaxis in accordance with this section. If the
  150  patient does not have a primary care provider or refuses consent
  151  to notify the patient’s primary care provider, the pharmacist
  152  must provide the patient a list of physicians, surgeons,
  153  clinics, or other health care service providers to contact
  154  regarding followup care for postexposure prophylaxis.
  155         (5)The board, in consultation with the Board of Medicine,
  156  the department, and other relevant stakeholders, may adopt rules
  157  to implement this section.
  158         Section 2. Section 627.4291, Florida Statutes, is created
  159  to read:
  160         627.4291 Coverage of antiretroviral drugs.—
  161         (1)As used in this section, the term:
  162         (a)“AIDS” means acquired immune deficiency syndrome.
  163         (b)“Health insurer” means an authorized insurer offering
  164  health insurance as defined in s. 624.603, a managed care plan
  165  as defined in s. 409.962(10), or a health maintenance
  166  organization as defined in s. 641.19(12).
  167         (c)“HIV” means the human immunodeficiency virus.
  168         (d)“Insured” means a person who is covered under a policy
  169  delivered or issued for delivery in this state by a health
  170  insurer.
  171         (e)“Prior authorization” means a process by which an
  172  insured does not receive coverage for a particular prescription
  173  drug until the insured’s health care provider submits to the
  174  insured’s health insurer a request for approval and the health
  175  insurer determines that the prescription drug is covered by the
  176  insured’s policy.
  177         (f)“Step-therapy protocol” means a protocol or program
  178  that establishes the specific sequence in which prescription
  179  drugs determined as medically appropriate for an insured for a
  180  specified medical condition are covered by a policy.
  181         (2)Notwithstanding any other law, a health insurer
  182  providing major medical or similar comprehensive coverage or
  183  benefits to residents in this state on or after July 1, 2021,
  184  may not require prior authorization or a step-therapy protocol
  185  under the policy for a covered antiretroviral drug that is
  186  medically necessary for the prevention of HIV or AIDS,
  187  including, but not limited to, preexposure and postexposure
  188  prophylaxis, except as provided in subsection (3).
  189         (3)If the federal Food and Drug Administration has
  190  approved one or more therapeutic equivalents of a drug, device,
  191  or product for the prevention of HIV or AIDS, a health insurer
  192  is not required to cover all of the therapeutically equivalent
  193  versions without prior authorization or step-therapy protocols
  194  if at least one therapeutically equivalent version is covered
  195  without prior authorization or a step-therapy protocol.
  196         (4)A health insurer may not refuse to cover, or allow a
  197  pharmacy benefit manager to refuse to cover, preexposure or
  198  postexposure prophylaxis solely on the basis that it was ordered
  199  or dispensed by a licensed pharmacist in accordance with s.
  200  465.1861.
  201         Section 3. This act shall take effect July 1, 2021.