HB 963 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to HIV infection prevention drugs; 2
creating s. 465.1861, F.S.; defining terms; 3
authorizing licensed pharmacists to screen for HIV 4
exposure and order and dispense HIV infection 5
prevention drugs in accordance with a certain written 6
supervisory protocol or statewide drug therapy 7
protocol; requiring pharmacists to be certified by the 8
Board of Pharmacy before ordering and dispensing HIV 9
infection prevention drugs; requiring the board, in 10
consultation with the Board of Medicine and the Board 11
of Osteopathic Medicine, to adopt rules for such 12
certification; specifying minimum requirements for the 13
certification; requiring the board, in consultation 14
with the Board of Medicine, the Board of Osteopathic 15
Medicine, and the Department of Health, to develop a 16
certain statewide drug therapy protocol; providing 17
requirements for development of the protocol; 18
requiring the board to adopt rules, including 19
specified rules; 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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
465.1861 Ordering and dispensing HIV infection prevention 26
drugs.— 27
(1) As used in this section, the term: 28
(a) "HIV" means the human immunodeficiency virus. 29
(b) "HIV infection prevention drug" means preexposure 30
prophylaxis, postexposure prophylaxis, and any other drug 31
approved by the United States Food and Drug Administration for 32
the prevention of HIV infection. 33
(c) "Postexposure prophylaxis" means a drug or drug 34
combination that meets the clinical eligibility recommendations 35
of the United States Centers for Disease Control and Prevention 36
guidelines for antiretroviral treatment following potential 37
exposure to HIV. 38
(d) "Preexposure prophylaxis" means a drug or drug 39
combination that meets the clinical eligibility recommendations 40
of the United States Centers for Disease Control and Prevention 41
guidelines for antiretroviral treatment for the prevention of 42
HIV transmission. 43
(2) A pharmacist may screen for HIV exposure and order and 44
dispense HIV infection prevention drugs in accordance with a 45
written protocol between the pharmacist and a supervising 46
physician or a statewide drug therapy proto col developed 47
pursuant to subsection (4). 48
(3) Before ordering or dispensing HIV infection prevention 49
drugs under this section, a pharmacist must be certified by the 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
board, according to the rules adopted by the board, in 51
consultation with the Board of Med icine and the Board of 52
Osteopathic Medicine. To be certified, a pharmacist must, at a 53
minimum, meet all of the following criteria: 54
(a) Hold an active and unencumbered license to practice 55
pharmacy under this chapter. 56
(b) Be engaged in the active practic e of pharmacy. 57
(c) Have earned a doctorate of pharmacy degree or have 58
completed at least 5 years of experience as a licensed 59
pharmacist. 60
(d) Maintain at least $250,000 of liability coverage. A 61
pharmacist who maintains liability coverage pursuant to s. 62
465.1865 or s. 465.1895 satisfies this requirement. 63
(e) Have completed a course approved by the board, in 64
consultation with the Board of Medicine and the Board of 65
Osteopathic Medicine, which includes, at a minimum, instruction 66
on all of the following: 67
1. Performance of patient assessments. 68
2. Point-of-care testing procedures. 69
3. Safe and effective treatment of HIV exposure with HIV 70
infection prevention drugs. 71
4. Identification of contraindications. 72
(4) The board, in consultation with the Board o f Medicine, 73
the Board of Osteopathic Medicine, and the department, shall 74
develop a statewide drug therapy protocol for pharmacists to 75
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test or screen for HIV exposure and order and dispense HIV 76
infection prevention drugs. In development of the statewide dru g 77
therapy protocol, the board must consider, at a minimum, all of 78
the following: 79
(a) Physician referrals. 80
(b) Lab testing, including prescribing HIV preexposure and 81
postexposure screening tests. 82
(c) Appropriate referrals consistent with guidelines of 83
the United States Centers for Disease Control and Prevention. 84
(d) Counseling consistent with guidelines of the United 85
States Centers for Disease Control and Prevention. 86
(e) Patient follow-up care and counseling. 87
(5) The board shall adopt rules to im plement this section, 88
including rules that establish protocols for ordering and 89
dispensing HIV infection prevention drugs. 90
Section 2. This act shall take effect July 1, 2023. 91