Florida Senate - 2024 CS for SB 1320 By the Committee on Health Policy; and Senator Calatayud 588-02647-24 20241320c1 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, with 6 advice to seek consultation or treatment from a 7 physician; authorizing pharmacists to dispense HIV 8 preexposure prophylaxis drugs only pursuant to a 9 prescription; authorizing pharmacists to order and 10 dispense HIV postexposure prophylaxis drugs only 11 pursuant to a written collaborative practice agreement 12 with a physician; defining the term “geographic area”; 13 specifying requirements for the practice agreements; 14 requiring the supervising physician to review the 15 pharmacist’s actions in accordance with the practice 16 agreement; requiring pharmacists who enter into such 17 practice agreements to submit the agreements to the 18 Board of Pharmacy; requiring pharmacists who enter 19 into such practice agreements to provide evidence of 20 certain certification to their supervising physician; 21 requiring such pharmacists to provide certain written 22 information when dispensing such drugs to patients; 23 requiring pharmacists to comply with certain 24 procedures under certain circumstances; requiring 25 pharmacists to be certified by the Board of Pharmacy 26 before ordering or dispensing HIV postexposure 27 prophylaxis drugs; requiring the board, in 28 consultation with the Board of Medicine and the Board 29 of Osteopathic Medicine, to adopt rules for such 30 certification; specifying minimum requirements for the 31 certification; requiring the board to adopt by rule 32 certain minimum standards to ensure that pharmacies 33 providing adult screenings for HIV exposure submit to 34 the Department of Health for approval an access-to 35 care plan (ACP) for a specified purpose; specifying 36 requirements for ACPs; requiring that, beginning on a 37 specified date, such ACPs be approved before a license 38 may be issued or renewed; requiring such pharmacies to 39 submit specified data to the department as part of the 40 licensure renewal process and, or as directed by the 41 department, before each licensure renewal; requiring 42 the board to adopt rules; providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Section 465.1861, Florida Statutes, is created 47 to read: 48 465.1861 Ordering and dispensing HIV drugs.— 49 (1) As used in this section, the term: 50 (a) “HIV” means the human immunodeficiency virus. 51 (b) “HIV infection prevention drug” means preexposure 52 prophylaxis, postexposure prophylaxis, and any other drug 53 approved by the United States Food and Drug Administration for 54 the prevention of HIV infection as of March 8, 2024. 55 (c) “HIV postexposure prophylaxis drug” means a drug or 56 drug combination that meets the clinical eligibility 57 recommendations of the United States Centers for Disease Control 58 and Prevention guidelines for antiretroviral treatment following 59 potential exposure to HIV issued as of March 8, 2024. 60 (d) “HIV preexposure prophylaxis drug” means a drug or drug 61 combination that meets the clinical eligibility recommendations 62 of the United States Centers for Disease Control and Prevention 63 guidelines for antiretroviral treatment for the prevention of 64 HIV transmission issued as of March 8, 2024. 65 (2) A pharmacist may screen an adult for HIV exposure and 66 provide the results to that adult, with the advice that the 67 patient should seek further medical consultation or treatment 68 from a physician. 69 (3) A pharmacist may dispense HIV preexposure prophylaxis 70 drugs only pursuant to a valid prescription issued by a licensed 71 health care practitioner authorized by the laws of this state to 72 prescribe such drugs. 73 (4) A pharmacist may order and dispense HIV postexposure 74 prophylaxis drugs only pursuant to a written collaborative 75 practice agreement between the pharmacist and a physician 76 licensed under chapter 458 or chapter 459 who practices medicine 77 or osteopathic medicine in the same geographic area as the 78 pharmacist. As used in this subsection, the term “geographic 79 area” means the county or counties, or any portion of the county 80 or counties, within which the pharmacist and the physician 81 provide health care services. 82 (a) The written collaborative practice agreement must 83 include particular terms and conditions imposed by the 84 supervising physician relating to the screening for HIV and the 85 ordering and dispensing of HIV postexposure prophylaxis drugs 86 under this section. The terms and conditions of the practice 87 agreement must be appropriate for the pharmacist’s training, and 88 the supervising physician is responsible for reviewing the 89 pharmacist’s actions in accordance with the practice agreement. 90 A pharmacist who enters into such a practice agreement with a 91 supervising physician must submit the agreement to the board. 92 (b) At a minimum, a written collaborative practice 93 agreement must include all of the following: 94 1. Specific categories of patients the pharmacist is 95 authorized to screen for HIV and for whom the pharmacist may 96 order and dispense HIV postexposure prophylaxis drugs. 97 2. The physician’s instructions for obtaining relevant 98 patient medical history for the purpose of identifying 99 disqualifying health conditions, adverse reactions, and 100 contraindications to the use of HIV postexposure prophylaxis 101 drugs. 102 3. A process and schedule for the physician to review the 103 pharmacist’s actions under the practice agreement. 104 4. Any other requirements as established by the board in 105 consultation with the Board of Medicine and the Board of 106 Osteopathic Medicine. 107 (c) A pharmacist authorized to screen for HIV and order and 108 dispense HIV postexposure prophylaxis drugs pursuant to a 109 written collaborative practice agreement must provide his or her 110 supervising physician with evidence of current certification by 111 the board as provided in subsection (6). 112 (5) A pharmacist who orders and dispenses HIV postexposure 113 prophylaxis drugs pursuant to subsection (4) must provide the 114 patient with written information advising the patient to seek 115 follow-up care from his or her primary care physician. If the 116 patient indicates that he or she lacks regular access to primary 117 care, the pharmacist must comply with the procedures of the 118 pharmacy’s approved access-to-care plan as provided in 119 subsection (7). 120 (6) Before ordering or dispensing HIV postexposure 121 prophylaxis drugs under this section, a pharmacist must be 122 certified by the board, according to the rules adopted by the 123 board, in consultation with the Board of Medicine and the Board 124 of Osteopathic Medicine. To be certified, a pharmacist must, at 125 a minimum, meet all of the following criteria: 126 (a) Hold an active and unencumbered license to practice 127 pharmacy under this chapter. 128 (b) Be engaged in the active practice of pharmacy. 129 (c) Have earned a degree of doctor of pharmacy or have 130 completed at least 3 years of experience as a licensed 131 pharmacist. 132 (d) Maintain at least $250,000 of liability coverage. A 133 pharmacist who maintains liability coverage pursuant to s. 134 465.1865 or s. 465.1895 satisfies this requirement. 135 (e) Have completed a course approved by the board, in 136 consultation with the Board of Medicine and the Board of 137 Osteopathic Medicine, which includes, at a minimum, instruction 138 on all of the following: 139 1. Performance of patient assessments. 140 2. Point-of-care testing procedures. 141 3. Safe and effective treatment of HIV exposure with HIV 142 infection prevention drugs, including, but not limited to, 143 consideration of the side effects of the drug dispensed and the 144 patient’s diet and activity levels. 145 4. Identification of contraindications. 146 5. Identification of patient comorbidities in individuals 147 with HIV requiring further medical evaluation and treatment, 148 including, but not limited to, cardiovascular disease, lung and 149 liver cancer, chronic obstructive lung disease, and diabetes 150 mellitus. 151 (7) The board shall adopt by rule reasonable and fair 152 minimum standards to ensure that all pharmacies that provide 153 adult screening for HIV exposure submit to the department for 154 approval an access-to-care plan (ACP) for assisting patients to 155 gain access to appropriate care settings when they present to 156 the pharmacy for HIV screening and indicate that they lack 157 regular access to primary care. 158 (a) An ACP must include: 159 1. Procedures to educate such patients about care that 160 would be best provided in a primary care setting and the 161 importance of receiving regular primary care. 162 2. A collaborative partnership with one or more nearby 163 federally qualified health centers, county health departments, 164 or other primary care settings. The goals of such partnership 165 must include, but need not be limited to, identifying patients 166 who have presented to the pharmacy for HIV screening or access 167 to HIV infection prevention drugs, and, if such a patient 168 indicates that he or she lacks regular access to primary care, 169 proactively seeking to establish a relationship between the 170 patient and a federally qualified health center, county health 171 department, or other primary care setting so that the patient 172 develops a medical home at such setting for primary health care 173 services. A pharmacy that establishes one or more collaborative 174 partnerships under this subparagraph may not enter into an 175 arrangement relating to such partnership which would prevent a 176 federally qualified health center, county health department, or 177 other primary care setting from establishing collaborative 178 partnerships with other pharmacies. 179 (b) Effective July 1, 2025, a pharmacy’s ACP must be 180 approved by the department before the pharmacy may receive 181 initial licensure or licensure renewal occurring after that 182 date. A pharmacy with an approved ACP must submit data to the 183 department regarding the implementation and results of its plan 184 as part of the licensure renewal process, or as directed by the 185 department, before each licensure renewal. 186 (8) The board shall adopt rules to implement this section. 187 Section 2. This act shall take effect July 1, 2024.