Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1320 Ì157278PÎ157278 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/30/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Calatayud) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 465.1861, Florida Statutes, is created 6 to read: 7 465.1861 Ordering and dispensing HIV drugs.— 8 (1) As used in this section, the term: 9 (a) “HIV” means the human immunodeficiency virus. 10 (b) “HIV infection prevention drug” means preexposure 11 prophylaxis, postexposure prophylaxis, and any other drug 12 approved by the United States Food and Drug Administration for 13 the prevention of HIV infection as of March 8, 2024. 14 (c) “HIV postexposure prophylaxis drug” means a drug or 15 drug combination that meets the clinical eligibility 16 recommendations of the United States Centers for Disease Control 17 and Prevention guidelines for antiretroviral treatment following 18 potential exposure to HIV issued as of March 8, 2024. 19 (d) “HIV preexposure prophylaxis drug” means a drug or drug 20 combination that meets the clinical eligibility recommendations 21 of the United States Centers for Disease Control and Prevention 22 guidelines for antiretroviral treatment for the prevention of 23 HIV transmission issued as of March 8, 2024. 24 (2) A pharmacist may screen an adult for HIV exposure and 25 provide the results to that adult, with the advice that the 26 patient should seek further medical consultation or treatment 27 from a physician. 28 (3) A pharmacist may dispense HIV preexposure prophylaxis 29 drugs only pursuant to a valid prescription issued by a licensed 30 health care practitioner authorized by the laws of this state to 31 prescribe such drugs. 32 (4) A pharmacist may order and dispense HIV postexposure 33 prophylaxis drugs only pursuant to a written collaborative 34 practice agreement between the pharmacist and a physician 35 licensed under chapter 458 or chapter 459 who practices medicine 36 or osteopathic medicine in the same geographic area as the 37 pharmacist. As used in this subsection, the term “geographic 38 area” means the county or counties, or any portion of the county 39 or counties, within which the pharmacist and the physician 40 provide health care services. 41 (a) The written collaborative practice agreement must 42 include particular terms and conditions imposed by the 43 supervising physician relating to the screening for HIV and the 44 ordering and dispensing of HIV postexposure prophylaxis drugs 45 under this section. The terms and conditions of the practice 46 agreement must be appropriate for the pharmacist’s training, and 47 the supervising physician is responsible for reviewing the 48 pharmacist’s actions in accordance with the practice agreement. 49 A pharmacist who enters into such a practice agreement with a 50 supervising physician must submit the agreement to the board. 51 (b) At a minimum, a written collaborative practice 52 agreement must include all of the following: 53 1. Specific categories of patients the pharmacist is 54 authorized to screen for HIV and for whom the pharmacist may 55 order and dispense HIV postexposure prophylaxis drugs. 56 2. The physician’s instructions for obtaining relevant 57 patient medical history for the purpose of identifying 58 disqualifying health conditions, adverse reactions, and 59 contraindications to the use of HIV postexposure prophylaxis 60 drugs. 61 3. A process and schedule for the physician to review the 62 pharmacist’s actions under the practice agreement. 63 4. Any other requirements as established by the board in 64 consultation with the Board of Medicine and the Board of 65 Osteopathic Medicine. 66 (c) A pharmacist authorized to screen for HIV and order and 67 dispense HIV postexposure prophylaxis drugs pursuant to a 68 written collaborative practice agreement must provide his or her 69 supervising physician with evidence of current certification by 70 the board as provided in subsection (6). 71 (5) A pharmacist who orders and dispenses HIV postexposure 72 prophylaxis drugs pursuant to subsection (4) must provide the 73 patient with written information advising the patient to seek 74 follow-up care from his or her primary care physician. If the 75 patient indicates that he or she lacks regular access to primary 76 care, the pharmacist must comply with the procedures of the 77 pharmacy’s approved access-to-care plan as provided in 78 subsection (7). 79 (6) Before ordering or dispensing HIV postexposure 80 prophylaxis drugs under this section, a pharmacist must be 81 certified by the board, according to the rules adopted by the 82 board, in consultation with the Board of Medicine and the Board 83 of Osteopathic Medicine. To be certified, a pharmacist must, at 84 a minimum, meet all of the following criteria: 85 (a) Hold an active and unencumbered license to practice 86 pharmacy under this chapter. 87 (b) Be engaged in the active practice of pharmacy. 88 (c) Have earned a degree of doctor of pharmacy or have 89 completed at least 3 years of experience as a licensed 90 pharmacist. 91 (d) Maintain at least $250,000 of liability coverage. A 92 pharmacist who maintains liability coverage pursuant to s. 93 465.1865 or s. 465.1895 satisfies this requirement. 94 (e) Have completed a course approved by the board, in 95 consultation with the Board of Medicine and the Board of 96 Osteopathic Medicine, which includes, at a minimum, instruction 97 on all of the following: 98 1. Performance of patient assessments. 99 2. Point-of-care testing procedures. 100 3. Safe and effective treatment of HIV exposure with HIV 101 infection prevention drugs, including, but not limited to, 102 consideration of the side effects of the drug dispensed and the 103 patient’s diet and activity levels. 104 4. Identification of contraindications. 105 5. Identification of patient comorbidities in individuals 106 with HIV requiring further medical evaluation and treatment, 107 including, but not limited to, cardiovascular disease, lung and 108 liver cancer, chronic obstructive lung disease, and diabetes 109 mellitus. 110 (7) The board shall adopt by rule reasonable and fair 111 minimum standards to ensure that all pharmacies that provide 112 adult screening for HIV exposure submit to the department for 113 approval an access-to-care plan (ACP) for assisting patients to 114 gain access to appropriate care settings when they present to 115 the pharmacy for HIV screening and indicate that they lack 116 regular access to primary care. 117 (a) An ACP must include: 118 1. Procedures to educate such patients about care that 119 would be best provided in a primary care setting and the 120 importance of receiving regular primary care. 121 2. A collaborative partnership with one or more nearby 122 federally qualified health centers, county health departments, 123 or other primary care settings. The goals of such partnership 124 must include, but need not be limited to, identifying patients 125 who have presented to the pharmacy for HIV screening or access 126 to HIV infection prevention drugs, and, if such a patient 127 indicates that he or she lacks regular access to primary care, 128 proactively seeking to establish a relationship between the 129 patient and a federally qualified health center, county health 130 department, or other primary care setting so that the patient 131 develops a medical home at such setting for primary health care 132 services. A pharmacy that establishes one or more collaborative 133 partnerships under this subparagraph may not enter into an 134 arrangement relating to such partnership which would prevent a 135 federally qualified health center, county health department, or 136 other primary care setting from establishing collaborative 137 partnerships with other pharmacies. 138 (b) Effective July 1, 2025, a pharmacy’s ACP must be 139 approved by the department before the pharmacy may receive 140 initial licensure or licensure renewal occurring after that 141 date. A pharmacy with an approved ACP must submit data to the 142 department regarding the implementation and results of its plan 143 as part of the licensure renewal process, or as directed by the 144 department, before each licensure renewal. 145 (8) The board shall adopt rules to implement this section. 146 Section 2. This act shall take effect July 1, 2024. 147 148 ================= T I T L E A M E N D M E N T ================ 149 And the title is amended as follows: 150 Delete everything before the enacting clause 151 and insert: 152 A bill to be entitled 153 An act relating to HIV infection prevention drugs; 154 creating s. 465.1861, F.S.; defining terms; 155 authorizing pharmacists to screen adults for HIV 156 exposure and provide the results to such adults, with 157 advice to seek consultation or treatment from a 158 physician; authorizing pharmacists to dispense HIV 159 preexposure prophylaxis drugs only pursuant to a 160 prescription; authorizing pharmacists to order and 161 dispense HIV postexposure prophylaxis drugs only 162 pursuant to a written collaborative practice agreement 163 with a physician; defining the term “geographic area”; 164 specifying requirements for the practice agreements; 165 requiring the supervising physician to review the 166 pharmacist’s actions in accordance with the practice 167 agreement; requiring pharmacists who enter into such 168 practice agreements to submit the agreements to the 169 Board of Pharmacy; requiring pharmacists who enter 170 into such practice agreements to provide evidence of 171 certain certification to their supervising physician; 172 requiring such pharmacists to provide certain written 173 information when dispensing such drugs to patients; 174 requiring pharmacists to comply with certain 175 procedures under certain circumstances; requiring 176 pharmacists to be certified by the Board of Pharmacy 177 before ordering or dispensing HIV postexposure 178 prophylaxis drugs; requiring the board, in 179 consultation with the Board of Medicine and the Board 180 of Osteopathic Medicine, to adopt rules for such 181 certification; specifying minimum requirements for the 182 certification; requiring the board to adopt by rule 183 certain minimum standards to ensure that pharmacies 184 providing adult screenings for HIV exposure submit to 185 the Department of Health for approval an access-to 186 care plan (ACP) for a specified purpose; specifying 187 requirements for ACPs; requiring that, beginning on a 188 specified date, such ACPs be approved before a license 189 may be issued or renewed; requiring such pharmacies to 190 submit specified data to the department as part of the 191 licensure renewal process and, or as directed by the 192 department, before each licensure renewal; requiring 193 the board to adopt rules; providing an effective date.