Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2480 Compare Versions

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

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . No. 2480
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, October 19, 2023.
8	8	The committee on Senate Ways and Means, to whom was referred the Senate Bill
9	9	enabling pharmacists to prescribe, dispense and administer PrEP (Senate, No. 1353),- reports,
10	10	recommending that the same ought to pass with an amendment substituting a new draft with the
11	11	same title (Senate, No. 2480).
12	12	For the committee,
13	13	Michael J. Rodrigues 1 of 4
14	14	FILED ON: 10/19/2023
15	15	SENATE . . . . . . . . . . . . . . No. 2480
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act enabling pharmacists to prescribe, dispense and administer PrEP.
22	22	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
23	23	of the same, as follows:
24	24	1 SECTION 1. Section 1 of chapter 94C of the General Laws, as appearing in the 2022
25	25	2Official Edition, is hereby amended by inserting after the definition of “Extended-release long-
26	26	3acting opioid in a non-abuse deterrent form” the following 2 definitions:-
27	27	4 “HIV”, human immunodeficiency virus.
28	28	5 “HIV prevention drug”, a drug approved by the United States Food and Drug
29	29	6Administration for the prevention of HIV, including, but not limited to, pre-exposure
30	30	7prophylaxis.
31	31	8 SECTION 2. Said section 1 of said chapter 94C, as so appearing, is hereby further
32	32	9amended by inserting after the definition of “Practitioner” the following definition:-
33	33	10 “Pre-exposure prophylaxis”, a drug or drug combination that is taken or administered to
34	34	11reduce the risk of HIV contraction and meets the same clinical eligibility recommendations
35	35	12provided in current guidelines of the federal Centers for Disease Control and Prevention. 2 of 4
36	36	13 SECTION 3. Said chapter 94C is hereby further amended by inserting after section 21B
37	37	14the following section:-
38	38	15 Section 21C. (a) A licensed pharmacist may prescribe, dispense or administer HIV
39	39	16prevention drugs in accordance with regulations promulgated by the department and United
40	40	17States Food and Drug Administration guidance and product labeling; provided, however, that a
41	41	18pharmacist shall not furnish a 60-day supply of pre-exposure prophylaxis to a single patient more
42	42	19than once every 2 years; and provided further, that the patient:
43	43	20 (i) is HIV negative, as documented by a negative HIV test result obtained within the
44	44	21previous 7 days from an HIV antigen and antibody test or antibody-only test or from a rapid,
45	45	22point-of-care fingerstick blood test approved by the United States Food and Drug
46	46	23Administration; provided, however, that if the patient does not provide evidence of a negative
47	47	24HIV test in accordance with this clause, the pharmacist may order an HIV test prior to
48	48	25prescribing, dispensing or administering the drugs; provided further, that if the test results are not
49	49	26transmitted directly to the pharmacist, the pharmacist shall verify the test results to the
50	50	27pharmacist’s satisfaction prior to prescribing, dispensing or administering the drugs; and
51	51	28provided further, that if the patient tests positive for HIV infection, the pharmacist or person
52	52	29administering the test shall direct the patient to a primary care provider and provide the patient
53	53	30with a list of providers and clinics in the region;
54	54	31 (ii) does not report any signs or symptoms of acute HIV infection on a self-reported
55	55	32checklist of acute HIV infection signs and symptoms; and
56	56	33 (iii) does not report taking any contraindicated medication. 3 of 4
57	57	34 (c) A licensed pharmacist that prescribes, dispenses or administers HIV prevention drugs
58	58	35shall:
59	59	36 (i) provide counseling to the patient on the ongoing use of pre-exposure prophylaxis,
60	60	37which may include education about side effects, safety during pregnancy and breastfeeding,
61	61	38adherence to recommended dosing and the importance of timely testing and treatment, as
62	62	39applicable, for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted infections and
63	63	40pregnancy for individuals of child-bearing capacity;
64	64	41 (ii) notify the patient that the patient is required to be seen by a primary care provider to
65	65	42receive subsequent prescriptions for pre-exposure prophylaxis;
66	66	43 (iii) document, to the extent possible, the services provided to the patient by the
67	67	44pharmacist in the patient’s record in the record system maintained by the pharmacy and maintain
68	68	45records of pre-exposure prophylaxis furnished to each patient; and
69	69	46 (iv) notify the patient’s primary care provider that the pharmacist completed the
70	70	47requirements specified in this subsection; provided, however, that if the patient does not have a
71	71	48primary care provider or refuses consent to notify the patient’s primary care provider, the
72	72	49pharmacist shall provide the patient a list of physicians and surgeons, clinics or other health care
73	73	50service providers to contact regarding ongoing care for pre-exposure prophylaxis.
74	74	51 SECTION 4. Not later than 6 months after the effective date of this act, the department of
75	75	52public health shall promulgate regulations to establish statewide drug therapy protocols for
76	76	53prescribing, dispensing and administering pre-exposure prophylaxis and other HIV prevention
77	77	54drugs approved by the United States Food and Drug Administration that are consistent with
78	78	55federal Centers for Disease Control and Prevention guidelines. The regulations shall include, but 4 of 4
79	79	56not be limited to, rules stating that a pharmacist shall not furnish a 60-day supply of pre-exposure
80	80	57prophylaxis to a single patient more than once every 2 years.