Florida Senate - 2024                                    SB 1320
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-00635-24                                           20241320__
    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 pharmacists to screen adults for HIV
    5         exposure and provide the results to such adults;
    6         requiring pharmacists to advise individuals to seek
    7         consultation and treatment from a physician if the
    8         screening results are positive; authorizing
    9         pharmacists to order and dispense HIV infection
   10         prevention drugs only pursuant to a collaborative
   11         practice agreement with a physician; requiring
   12         pharmacists to be certified by the Board of Pharmacy
   13         before ordering and dispensing HIV infection
   14         prevention drugs; requiring the board, in consultation
   15         with the Board of Medicine and the Board of
   16         Osteopathic Medicine, to adopt rules for such
   17         certification; specifying minimum requirements for the
   18         certification; requiring the board to adopt rules;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 465.1861, Florida Statutes, is created
   24  to read:
   25         465.1861 Ordering and dispensing HIV drugs.—
   26         (1)As used in this section, the term:
   27         (a)“HIV” means the human immunodeficiency virus.
   28         (b)“HIV infection prevention drug” means preexposure
   29  prophylaxis, postexposure prophylaxis, and any other drug
   30  approved by the United States Food and Drug Administration for
   31  the prevention of HIV infection as of March 8, 2024.
   32         (c)“Postexposure prophylaxis” means a drug or drug
   33  combination that meets the clinical eligibility recommendations
   34  of the United States Centers for Disease Control and Prevention
   35  guidelines for antiretroviral treatment following potential
   36  exposure to HIV issued as of March 8, 2024.
   37         (d)“Preexposure prophylaxis” means a drug or drug
   38  combination that meets the clinical eligibility recommendations
   39  of the United States Centers for Disease Control and Prevention
   40  guidelines for antiretroviral treatment for the prevention of
   41  HIV transmission issued as of March 8, 2024.
   42         (2)A pharmacist may screen an adult for HIV exposure and
   43  provide the results to that adult. If the results of the
   44  screening are positive, the pharmacist must advise the patient
   45  that he or she should seek further medical consultation or
   46  treatment from a physician.
   47         (3)A pharmacist may order and dispense HIV infection
   48  prevention drugs only pursuant to a collaborative practice
   49  agreement between the pharmacist and a physician licensed under
   50  chapter 458 or chapter 459.
   51         (4)Before ordering or dispensing HIV infection prevention
   52  drugs under this section, a pharmacist must be certified by the
   53  board, according to the rules adopted by the board, in
   54  consultation with the Board of Medicine and the Board of
   55  Osteopathic Medicine. To be certified, a pharmacist must, at a
   56  minimum, meet all of the following criteria:
   57         (a)Hold an active and unencumbered license to practice
   58  pharmacy under this chapter.
   59         (b)Be engaged in the active practice of pharmacy.
   60         (c)Have earned a degree of doctor of pharmacy or have
   61  completed at least 5 years of experience as a licensed
   62  pharmacist.
   63         (d)Maintain at least $250,000 of liability coverage. A
   64  pharmacist who maintains liability coverage pursuant to s.
   65  465.1865 or s. 465.1895 satisfies this requirement.
   66         (e)Have completed a course approved by the board, in
   67  consultation with the Board of Medicine and the Board of
   68  Osteopathic Medicine, which includes, at a minimum, instruction
   69  on all of the following:
   70         1.Performance of patient assessments.
   71         2.Point-of-care testing procedures.
   72         3.Safe and effective treatment of HIV exposure with HIV
   73  infection prevention drugs, including, but not limited to,
   74  consideration of the side effects of the drug dispensed and the
   75  patient’s diet and activity levels.
   76         4.Identification of contraindications.
   77         5.Identification of patient comorbidities in individuals
   78  with HIV requiring further medical evaluation and treatment,
   79  including, but not limited to, cardiovascular disease, lung and
   80  liver cancer, chronic obstructive lung disease, and diabetes
   81  mellitus.
   82         (5)The board shall adopt rules to implement this section.
   83         Section 2. This act shall take effect July 1, 2024.