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.