Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1353 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 445 FILED ON: 1/15/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1353
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act enabling pharmacists to prescribe, dispense and administer PrEP.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsJack Patrick Lewis7th Middlesex1/23/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/7/2023Susannah M. Whipps2nd Franklin2/7/2023Mark C. MontignySecond Bristol and Plymouth2/7/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/7/2023Vanna Howard17th Middlesex2/7/2023Patricia D. JehlenSecond Middlesex3/7/2023 1 of 4
16	16	SENATE DOCKET, NO. 445 FILED ON: 1/15/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1353
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1353) of Julian Cyr, Jack Patrick
19	19	Lewis, Joanne M. Comerford, Susannah M. Whipps and other members of the General Court for
20	20	legislation to enable pharmacists to prescribe, dispense and administer PrEP. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2955 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act enabling pharmacists to prescribe, dispense and administer PrEP.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of chapter 94C, as appearing in the 2020 Official Edition, is
32	32	2hereby amended by inserting after the definition of “Extended-release long-acting opioid in a
33	33	3non-abuse deterrent form” the following 2 definitions:-
34	34	4 “HIV”, human immunodeficiency virus.
35	35	5 “HIV prevention drug”, a drug approved by the United States Food and Drug
36	36	6Administration for the prevention of HIV, including, but not limited to, pre-exposure
37	37	7prophylaxis.
38	38	8 SECTION 2. Said section 1 of said chapter 94C, as so appearing, is hereby further
39	39	9amended by inserting after the definition of “Practitioner” the following definition:- 2 of 4
40	40	10 “Pre-exposure prophylaxis”, a drug or drug combination that is taken or administered to
41	41	11reduce the risk of HIV acquisition and meets the same clinical eligibility recommendations
42	42	12provided in current guidelines of the federal Centers for Disease Control and Prevention.
43	43	13 SECTION 3. Said chapter 94C is hereby further amended by inserting after section 21B
44	44	14the following section:-
45	45	15 Section 21C. (a) A licensed pharmacist may prescribe, dispense or administer HIV
46	46	16prevention drugs in accordance with regulations promulgated by the department as set forth in
47	47	17this section.
48	48	18 (b) A licensed pharmacist may prescribe, dispense or administer HIV prevention drugs
49	49	19according to United States Food and Drug Administration guidance and product labeling if the
50	50	20patient:
51	51	21 (i) is HIV negative, as documented by a negative HIV test result obtained within the
52	52	22previous 7 days from an HIV antigen and antibody test or antibody-only test or from a rapid,
53	53	23point-of-care fingerstick blood test approved by the United States Food and Drug
54	54	24Administration; provided, however, that if the patient does not provide evidence of a negative
55	55	25HIV test in accordance with this clause, the pharmacist may order an HIV test prior to
56	56	26prescribing, dispensing or administering the drugs; provided further, that if the test results are not
57	57	27transmitted directly to the pharmacist, the pharmacist shall verify the test results to the
58	58	28pharmacist’s satisfaction prior to prescribing, dispensing or administering the drugs; and
59	59	29provided further, that if the patient tests positive for HIV infection, the pharmacist or person
60	60	30administering the test shall direct the patient to a primary care provider and provide the patient
61	61	31with a list of providers and clinics in the region; 3 of 4
62	62	32 (ii) does not report any signs or symptoms of acute HIV infection on a self-reported
63	63	33checklist of acute HIV infection signs and symptoms; and
64	64	34 (iii) does not report taking any contraindicated medication.
65	65	35 (c) A licensed pharmacist that prescribes, dispenses or administers HIV prevention drugs
66	66	36shall:
67	67	37 (i) provide counseling to the patient on the ongoing use of pre-exposure prophylaxis,
68	68	38which may include education about side effects, safety during pregnancy and breastfeeding,
69	69	39adherence to recommended dosing and the importance of timely testing and treatment, as
70	70	40applicable, for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted infections and
71	71	41pregnancy for individuals of child-bearing capacity;
72	72	42 (ii) notify the patient that the patient is required to be seen by a primary care provider to
73	73	43receive subsequent prescriptions for pre-exposure prophylaxis and that a pharmacist shall not
74	74	44furnish a 60-day supply of pre-exposure prophylaxis to a single patient more than once every 2
75	75	45years:
76	76	46 (iii) document, to the extent possible, the services provided to the patient by the
77	77	47pharmacist in the patient’s record in the record system maintained by the pharmacy and maintain
78	78	48records of pre-exposure prophylaxis furnished to each patient; and
79	79	49 (iv) notify the patient’s primary care provider that the pharmacist completed the
80	80	50requirements specified in this subsection; provided, however, that if the patient does not have a
81	81	51primary care provider or refuses consent to notify the patient’s primary care provider, the 4 of 4
82	82	52pharmacist shall provide the patient a list of physicians and surgeons, clinics or other health care
83	83	53service providers to contact regarding ongoing care for pre-exposure prophylaxis.
84	84	54 SECTION 4. The department of public health shall promulgate regulations to establish
85	85	55statewide drug therapy protocols for prescribing, dispensing and administering pre-exposure
86	86	56prophylaxis and other HIV prevention drugs approved by the United States Food and Drug
87	87	57Administration that are consistent with federal Centers for Disease Control and Prevention
88	88	58guidelines not later than 6 months after the effective date of this act. The regulations shall
89	89	59include, but not be limited to, rules stating that a pharmacist shall not furnish a 60-day supply of
90	90	60pre-exposure prophylaxis to a single patient more than once every 2 years.