EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 510
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR RAZER.
1858S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 338.730, RSMo, and to enact in lieu thereof one new section relating to HIV
preexposure prophylaxis.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 338.730, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 338.730, 2
to read as follows:3
338.730. 1. Notwithstanding any other law to the 1
contrary, a pharmacist may dispense HIV postexposure 2
prophylaxis and preexposure prophylaxis in accordance with 3
this section. Such prophylaxis shall be dispensed only if 4
the pharmacist follows a written protocol authorized by a 5
licensed physician. A pharmacist shall not dispense more 6
than a thirty-day supply of preexposure prophylaxis to a 7
patient more than once every two years under this section; 8
provided, however, that a pharmacist may dispense more than 9
a thirty-day supply to a patient if directed by a 10
prescription. 11
2. For purposes of this section [, "postexposure 12
prophylaxis" shall mean any drug approved by the Food and 13
Drug Administration that meets the same clinical eligibility 14
recommendations provided in CDC guidelines. 15
3. For purposes of this section, "CDC guidelines" 16
shall mean the current HIV guidelines published by the 17
federal Centers for Disease Control and Prevention ] the 18
following terms shall mean: 19 SB 510 2
(1) "CDC guidelines", the current HIV g uidelines 20
published by the federal Centers for Disease Control and 21
Prevention; 22
(2) "Preexposure prophylaxis", any drug approved by 23
the Food and Drug Administration that meets the same 24
clinical eligibility recommendations provided in CDC 25
guidelines; 26
(3) "Postexposure prophylaxis", any drug approved by 27
the Food and Drug Administration that meets the same 28
clinical eligibility recommendations provided in CDC 29
guidelines. 30
[4.] 3. The state board of registration for the 31
healing arts [and] may advise the state board of pharmacy 32
[shall jointly] on the [promulgate] promulgation of rules 33
and regulations for the administration of this section. 34
[Neither board shall separately promulgate rules governing a 35
pharmacist's authority to dispense HIV postexposure 36
prophylaxis under this section. 37
5.] 4. Any rule or portion of a rule, as that term is 38
defined in section 536.010, that is created under the 39
authority delegated in this section shall become effective 40
only if it complies with and i s subject to all of the 41
provisions of chapter 536 and, if applicable, section 42
536.028. This section and chapter 536 are nonseverable and 43
if any of the powers vested with the general assembly 44
pursuant to chapter 536 to review, to delay the effective 45
date, or to disapprove and annul a rule are subsequently 46
held unconstitutional, then the grant of rulemaking 47
authority and any rule proposed or adopted after August 28, 48
2021, shall be invalid and void. 49