CS/CS/HB 159 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0159-02-c2
Page 1 of 6
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 under a collaborative practice 6
agreement; requiring pharmacists to be certified by 7
the Board of Pharmacy before ordering and dispensing 8
HIV infection prevention drugs; requiring the board, 9
in consultation with the Board of Medicine and the 10
Board of Osteopathic Medicine, to adopt rules for such 11
certification; specifying minimum requirements for the 12
certification; requiring the board to adopt rules; 13
providing an effective date. 14
15
Be It Enacted by the Legisl ature of the State of Florida: 16
17
Section 1. Section 465.1861, Florida Statutes, is created 18
to read: 19
465.1861 Ordering and dispensing HIV infection prevention 20
drugs.— 21
(1) As used in this section, the term: 22
(a) "HIV" means the human immunodeficiency virus. 23
(b) "HIV infection prevention drug" means preexposure 24
prophylaxis, postexposure prophylaxis, and any other drug 25
CS/CS/HB 159 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0159-02-c2
Page 2 of 6
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
approved by the United States Food and Drug Administration for 26
the prevention of HIV infection. 27
(c) "Postexposure prophylaxis" means a drug or drug 28
combination that meets the clinical eligibility recommendations 29
of the United States Centers for Disease Control and Prevention 30
guidelines for antiretroviral treatment following potential 31
exposure to HIV. 32
(d) "Preexposure prophylaxis" mea ns 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 for the prevention of 36
HIV transmission. 37
(2) A pharmacist may screen an adult for HIV exposure and 38
provide the results to the adult, with the advice that the 39
patient should seek further medical consultation or treatment 40
from a physician. 41
(3) A pharmacist may dispense HIV preexposure prophylaxis 42
drugs pursuant to a valid p rescription issued by a licensed 43
health care practitioner authorized by law to prescribe such 44
drugs. 45
(4) A pharmacist who is certified under subsection (6) may 46
order and dispense HIV postexposure prophylaxis drugs pursuant 47
to a written collaborative prac tice agreement between the 48
pharmacist and a physician licensed under chapter 458 or chapter 49
459. 50
CS/CS/HB 159 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0159-02-c2
Page 3 of 6
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) A written collaborative practice agreement between a 51
pharmacist and a physician under this section must include, at a 52
minimum, all of the following: 53
1. Terms and conditions relating to the screening for HIV 54
and the ordering and dispensing of HIV postexposure prophylaxis 55
drugs by the pharmacist. Such terms and conditions must be 56
appropriate for the pharmacist's training. 57
2. Specific categories of patients the pharmacist is 58
authorized to screen for HIV and for whom the pharmacist may 59
order and dispense HIV postexposure prophylaxis drugs. 60
3. The physician's instructions for obtaining relevant 61
patient medical history for the purpose of identifying 62
disqualifying health conditions, adverse reactions, and 63
contraindications to the use of HIV postexposure prophylaxis 64
drugs. 65
4. A process and schedule for the physician to review the 66
pharmacist's actions under the practice agreement. 67
5. Evidence of the p harmacist's current certification by 68
the board as provided in subsection (6). 69
6. Any other requirements as established by the board in 70
consultation with the Board of Medicine and the Board of 71
Osteopathic Medicine. 72
(b) A physician who has entered into a written 73
collaborative practice agreement pursuant to this section is 74
responsible for reviewing the pharmacist's actions to ensure 75
CS/CS/HB 159 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0159-02-c2
Page 4 of 6
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
compliance with the agreement. 76
(c) The pharmacist shall submit a copy of the written 77
collaborative practice agreement to th e board. 78
(5) A pharmacist who orders and dispenses HIV postexposure 79
prophylaxis drugs pursuant to subsection (4) must provide the 80
patient with written information advising the patient to seek 81
follow-up care from his or her primary care physician. If the 82
patient indicates that he or she lacks regular access to primary 83
care, the pharmacist must comply with the procedures of the 84
pharmacy's approved access -to-care plan as provided in 85
subsection (7). 86
(6) To provide services under a collaborative practice 87
agreement pursuant to this section, a pharmacist must be 88
certified by the board, according to rules adopted by the board 89
in consultation with the Board of Medicine and the Board of 90
Osteopathic Medicine. To be certified, a pharmacist must, at a 91
minimum, meet all of the following criteria: 92
(a) Hold an active and unencumbered license to practice 93
pharmacy under this chapter. 94
(b) Be engaged in the active practice of pharmacy. 95
(c) Have earned a degree of doctor of pharmacy or have 96
completed at least 3 years of experience as a licensed 97
pharmacist. 98
(d) Maintain at least $250,000 of liability coverage. A 99
pharmacist who maintains liability coverage pursuant to s. 100
CS/CS/HB 159 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0159-02-c2
Page 5 of 6
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
465.1865 or s. 465.1895 satisfies this requirement. 101
(e) Have completed a course approved by the boa rd, in 102
consultation with the Board of Medicine and the Board of 103
Osteopathic Medicine, which includes, at a minimum, instruction 104
on all of the following: 105
1. Performance of patient assessments. 106
2. Point-of-care testing procedures. 107
3. Safe and effective treatment of HIV exposure with HIV 108
infection prevention drugs, including, but not limited to, 109
consideration of the side effects of the drug dispensed and the 110
patient's diet and activity levels. 111
4. Identification of contraindications. 112
5. Identification of patient comorbidities in individuals 113
with HIV requiring further medical evaluation and treatment, 114
including, but not limited to, cardiovascular disease, lung and 115
liver cancer, chronic obstructive lung disease, and diabetes 116
mellitus. 117
(7)(a) A pharmacy in which a pharmacist is providing 118
services under a written collaborative practice agreement 119
pursuant to subsection (4) must submit an access -to-care plan to 120
the board and department annually. 121
(b) An access-to-care plan shall assist patients in 122
gaining access to appropriate care settings when they present to 123
a pharmacist for HIV screening and indicate that they lack 124
regular access to primary care. An access -to-care plan must 125
CS/CS/HB 159 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0159-02-c2
Page 6 of 6
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
include: 126
1. Procedures to educate such patients about care that 127
would be best provided in a primary care setting and the 128
importance of receiving regular primary care. 129
2. The pharmacy's plan for collaborative partnership with 130
one or more nearby federally qualified health centers, county 131
health departments, or other primary care set tings. The goals of 132
such partnership must include, but need not be limited to, 133
protocols for identifying and appropriately referring a patient 134
who has presented to the pharmacist for HIV screening or access 135
to HIV infection prevention drugs and indicates t hat he or she 136
lacks regular access to primary care. 137
(8) The board shall adopt rules to implement this section. 138
Section 2. This act shall take effect July 1, 2024. 139