Florida Senate - 2023                                     SB 818
       
       
        
       By Senator Jones
       
       
       
       
       
       34-01510-23                                            2023818__
    1                        A bill to be entitled                      
    2         An act relating to HIV infection prevention drugs;
    3         creating s. 465.1861, F.S.; defining terms;
    4         authorizing licensed pharmacists to screen for HIV
    5         exposure and order and dispense HIV infection
    6         prevention drugs in accordance with a certain written
    7         supervisory protocol or statewide drug therapy
    8         protocol; requiring pharmacists to be certified by the
    9         Board of Pharmacy before ordering and dispensing HIV
   10         infection prevention drugs; requiring the board, in
   11         consultation with the Board of Medicine and the Board
   12         of Osteopathic Medicine, to adopt rules for such
   13         certification; specifying minimum requirements for the
   14         certification; requiring the board, in consultation
   15         with the Board of Medicine, the Board of Osteopathic
   16         Medicine, and the Department of Health, to develop a
   17         certain statewide drug therapy protocol; providing
   18         requirements for development of the protocol;
   19         requiring the board to adopt rules, including
   20         specified rules; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 465.1861, Florida Statutes, is created
   25  to read:
   26         465.1861 Ordering and dispensing HIV infection prevention
   27  drugs.—
   28         (1)As used in this section, the term:
   29         (a)“HIV” means the human immunodeficiency virus.
   30         (b)“HIV infection prevention drug” means preexposure
   31  prophylaxis, postexposure prophylaxis, and any other drug
   32  approved by the United States Food and Drug Administration for
   33  the prevention of HIV infection.
   34         (c)“Postexposure prophylaxis” means a drug or drug
   35  combination that meets the clinical eligibility recommendations
   36  of the United States Centers for Disease Control and Prevention
   37  guidelines for antiretroviral treatment following potential
   38  exposure to HIV.
   39         (d)“Preexposure prophylaxis” means a drug or drug
   40  combination that meets the clinical eligibility recommendations
   41  of the United States Centers for Disease Control and Prevention
   42  guidelines for antiretroviral treatment for the prevention of
   43  HIV transmission.
   44         (2)A pharmacist may screen for HIV exposure and order and
   45  dispense HIV infection prevention drugs in accordance with a
   46  written protocol between the pharmacist and a supervising
   47  physician or a statewide drug therapy protocol developed
   48  pursuant to subsection (4).
   49         (3)Before ordering or dispensing HIV infection prevention
   50  drugs under this section, a pharmacist must be certified by the
   51  board, according to the rules adopted by the board, in
   52  consultation with the Board of Medicine and the Board of
   53  Osteopathic Medicine. To be certified, a pharmacist must, at a
   54  minimum, meet all of the following criteria:
   55         (a)Hold an active and unencumbered license to practice
   56  pharmacy under this chapter.
   57         (b)Be engaged in the active practice of pharmacy.
   58         (c)Have earned a doctorate of pharmacy degree or have
   59  completed at least 5 years of experience as a licensed
   60  pharmacist.
   61         (d)Maintain at least $250,000 of liability coverage. A
   62  pharmacist who maintains liability coverage pursuant to s.
   63  465.1865 or s. 465.1895 satisfies this requirement.
   64         (e)Have completed a course approved by the board, in
   65  consultation with the Board of Medicine and the Board of
   66  Osteopathic Medicine, which includes, at a minimum, instruction
   67  on all of the following:
   68         1.Performance of patient assessments.
   69         2.Point-of-care testing procedures.
   70         3.Safe and effective treatment of HIV exposure with HIV
   71  infection prevention drugs.
   72         4.Identification of contraindications.
   73         (4)The board, in consultation with the Board of Medicine,
   74  the Board of Osteopathic Medicine, and the department, shall
   75  develop a statewide drug therapy protocol for pharmacists to
   76  test or screen for HIV exposure and order and dispense HIV
   77  infection prevention drugs. In development of the statewide drug
   78  therapy protocol, the board must consider, at a minimum, all of
   79  the following:
   80         (a)Physician referrals.
   81         (b)Lab testing, including prescribing HIV preexposure and
   82  postexposure screening tests.
   83         (c)Appropriate referrals consistent with guidelines of the
   84  United States Centers for Disease Control and Prevention.
   85         (d)Counseling consistent with guidelines of the United
   86  States Centers for Disease Control and Prevention.
   87         (e)Patient follow-up care and counseling.
   88         (5)The board shall adopt rules to implement this section,
   89  including rules that establish protocols for ordering and
   90  dispensing HIV infection prevention drugs.
   91         Section 2. This act shall take effect July 1, 2023.