Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1320
       
       
       
       
       
       
                                Ì157278PÎ157278                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/30/2024           .                                
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       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         465.1861Ordering 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.