ENROLLED
2024 Regular Session
HOUSE BILL NO. 579
BY REPRESENTATIVES MCMAHEN, BACALA, BILLINGS, BOYD, BRYANT,
CHASSION, CHENEVERT, FREIBERG, GREEN, HORTON, JACKSON, MIKE
JOHNSON, JORDAN, KNOX, LAFLEUR, MANDIE LANDRY, LYONS, MYERS,
NEWELL, OWEN, PHELPS, SELDERS, STAGNI, AND TAYLOR
1 AN ACT
2 To enact R.S. 37:1218.2, relative to dispensation of human immunodeficiency virus
3 prophylaxis; to authorize pharmacists to dispense human immunodeficiency virus
4 pre-exposure and post-exposure prophylaxis; to require certain training; to require
5 the Louisiana Department of Health to promulgate rules; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 37:1218.2 is hereby enacted to read as follows:
9 ยง1218.2. Administration and treatment for human immunodeficiency virus
10 A. For the purposes of this Section, the following terms have the meaning
11 ascribed to them:
12 (1) "Department" means the Louisiana Department of Health.
13 (2) "Human immunodeficiency virus", hereinafter referred to as "HIV",
14 means a virus that attacks the body's immune system which, if not treated, can
15 develop into acquired immunodeficiency syndrome.
16 (3) "Post-exposure prophylaxis" means an emergency regimen comprising
17 highly active antiretroviral therapy with baseline and follow-up HIV testing, which
18 should be used within a certain amount of time after potential exposure.
19 (4) "Pre-exposure prophylaxis" means a prophylactic regimen that includes
20 medication, regular counseling, and regular screening.
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1 B.(1) A pharmacist may dispense and administer up to a thirty day supply of
2 HIV pre-exposure prophylaxis and a twenty-eight day course of HIV post-exposure
3 prophylaxis to any person age seventeen or older pursuant to rules promulgated by
4 the department if there is no prescription drug order.
5 (2) A pharmacist may perform a rapid HIV test at the pharmacy in a private,
6 secured location or may order laboratory testing for HIV infection for any person age
7 seventeen or older pursuant to rules promulgated by the department.
8 (3) A pharmacist shall administer any tests performed pursuant to this Section
9 in a private location within the pharmacy, and shall ensure patient confidentiality,
10 including storing all records and documents regarding a patient's test results for HIV
11 in a secured location that is not easily accessible by other employees in the
12 pharmacy.
13 C.(1) The department shall promulgate rules in accordance with the
14 Administrative Procedure Act to implement the provisions of this Section.
15 (2) The department shall consult with an expert panel to advise it in
16 promulgating administrative rules to implement the provisions of this Section. The
17 administrative rules shall be promulgated by March 2025.
18 (a) The expert panel shall integrate and coordinate expertise relative but not
19 limited to testing, referrals, prescribing, and reimbursement for HIV pre-exposure
20 prophylaxis and HIV post-exposure prophylaxis.
21 (b) The expert panel shall be composed of the following members who shall
22 serve without compensation:
23 (i) A representative from the Louisiana Department of Health, bureau of
24 infectious diseases.
25 (ii) An infectious disease physician to be selected by the department.
26 (iii) A primary care physician who has experience managing patients who
27 utilize HIV medications to be selected by the department.
28 (iv) Two pharmacists to be selected by the department.
29 (v) A representative from the Louisiana Board of Pharmacy.
30 (vi) A representative from the Louisiana State Board of Medical Examiners.
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1 (3) The rules promulgated by the department shall include requirements
2 relating to the testing, screening, and treatment of patients. At a minimum, the rules
3 shall require the pharmacist to do all of the following:
4 (a) Complete a training program approved by the department on the use of
5 HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis prior to
6 exercising the authority provided for in this Section. The training shall include but
7 not be limited to all of the following:
8 (i) Financial assistance programs for HIV pre-exposure prophylaxis and HIV
9 post-exposure prophylaxis.
10 (ii) Strategies to access state and federal resources to provide the same level
11 of care for patients regardless of insurance coverage status.
12 (b) Document a focused assessment of the patient following best practices
13 and guidelines for preventing HIV.
14 (c) Document steps to obtain consent, order, process, evaluate, interpret, and
15 discuss results with patients of any HIV laboratory tests authorized in the rules
16 promulgated by the department.
17 (d) Identify the nature and obligations for successful HIV pre-exposure
18 prophylaxis or HIV post-exposure prophylaxis, as required by the patient, and the
19 importance of timely testing for HIV and related complications and comorbid
20 conditions.
21 (4) The rules promulgated by the department shall include procedures for the
22 timely notification of the patient's primary care provider of the services provided, or
23 when a patient does not have a primary care provider, documentation of a good faith
24 effort to refer the patient to a primary care provider.
25 D. A pharmacist authorized to provide a service relative to HIV pre-exposure
26 and post-exposure prophylaxis shall be reimbursed at the same rate as any other
27 participating healthcare provider providing such service in accordance with the
28 patient's health coverage plan.
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1 E. This Section shall not be construed to require a health coverage plan or
2 a third-party administrator or pharmacy benefit manager to reimburse a pharmacist
3 or pharmacy as an in-network or a preferred provider.
4 F. The provisions of this Section may apply to coverage under a group or
5 individual health coverage plan provided to a resident of this state regardless of
6 whether the health coverage plan policy, contract, or other agreement is delivered,
7 issued for delivery, or renewed in this state.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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