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         465.1861Ordering 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.