What's happening
This bill allows pharmacists in New York to dispense HIV pre-exposure and post-exposure prophylaxis under specific conditions and regulations.
Why it matters
Expands immediate access to HIV prevention. By allowing pharmacists to dispense HIV pre-exposure prophylaxis (PrEP) directly, the bill reduces barriers for individuals at high risk of HIV infection who may not have easy access to a prescribing physician or nurse practitioner.
Establishes critical safety checks and training. Pharmacists must complete specialized training on PrEP, ensure patients have a recent negative HIV test, screen for symptoms of acute infection and contraindicated medications, and provide education on side effects, ongoing care, and follow-up—helping ensure safe, effective use of PrEP.
Limits dispensing frequency and quantity for safety. The law restricts pharmacists to dispensing a 30- to 60-day supply of PrEP no more than once every two years per patient (unless a prescriber directs otherwise), ensuring pharmacist-initiated PrEP is an interim measure and not a replacement for ongoing medical oversight.
Connects patients to long-term care. Pharmacists are required to counsel patients on the importance of having a regular healthcare provider and provide referrals and written information, helping to link individuals not only to HIV prevention but also to broader health services and follow-up testing.
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Who cares
Headline styles
Let Pharmacists Dispense HIV Prevention
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 7704a
- Amend and recommit to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Pharmacists Give HIV Meds
In Assembly Committee · Higher Education · Sponsor Didi Barrett
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7704--A
IN SENATE
February 10, 2020
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to authorizing pharmacists to dispense HIV pre-exposure and post-exposure prophylaxis
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7-a of section 6527 of the education law, as added by chapter 502 of the laws of 2016, is amended to read as follows:
7-a. A licensed physician may prescribe and order a patient specific order or non-patient specific order to a licensed pharmacist, pursuant to regulations promulgated by the commissioner in consultation with the commissioner of health, and consistent with the public health law, for dispensing up to a seven day starter pack of HIV post-exposure prophylaxis for the purpose of preventing human immunodeficiency virus infection following a potential human immunodeficiency virus exposure. A licensed physician may also prescribe and order a patient specific or non-patient specific order to a licensed pharmacist, pursuant to regulations promulgated by the commissioner in consultation with the commissioner of health, and consistent with the public health law and section sixty-eight hundred one of this title, for HIV pre-exposure prophylaxis, provided, however, that the regulations promulgated pursuant to this subdivision shall require that the HIV pre-exposure prophylaxis authorized to be dispensed by a licensed pharmacist shall provide for at least a thirty-day, but no more than a sixty-day, supply of such prophylaxis.
§ 2. Subdivision 8 of section 6909 of the education law, as added by chapter 502 of the laws of 2016, is amended to read as follows:
8. A certified nurse practitioner may prescribe and order a patient specific order or non-patient specific order to a licensed pharmacist, pursuant to regulations promulgated by the commissioner in consultation with the commissioner of health, and consistent with the public health law, for dispensing up to a seven day starter pack of HIV post-exposure prophylaxis for the purpose of preventing human immunodeficiency virus
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14442-07-0
S. 7704--A 2
infection following a potential human immunodeficiency virus exposure. A certified nurse practitioner may also prescribe and order a patient specific or non-patient specific order to a licensed pharmacist, pursuant to regulations promulgated by the commissioner in consultation with the commissioner of health, and consistent with the public health law and section sixty-eight hundred one of this title, for HIV pre-exposure prophylaxis, provided, however, that the regulations promulgated pursuant to this subdivision shall require that the HIV pre-exposure prophylaxis authorized to be dispensed by a licensed pharmacist shall provide for at least a thirty-day, but no more than a sixty-day, supply of such prophylaxis.
§ 3. Subdivision 5 of section 6801 of the education law, as added by chapter 502 of the laws of 2016, is amended and a new subdivision 6 is added to read as follows:
5. A licensed pharmacist may execute a non-patient specific order, for dispensing up to a seven day starter pack of HIV post-exposure prophylaxis medications for the purpose of preventing human immunodeficiency virus infection, by a physician licensed in this state or nurse practitioner certified in this state, pursuant to rules and regulations promulgated by the commissioner in consultation with the commissioner of health following a potential human immunodeficiency virus exposure. The pharmacist shall also inform the patient of the availability of pre-exposure prophylaxis for persons who are at substantial risk of acquiring HIV.
6. A licensed pharmacist may execute a non-patient specific order, for dispensing HIV pre-exposure prophylaxis, pursuant to rules and regulations promulgated by the commissioner in consultation with the commissioner of health provided, however, that the rules and regulations promulgated pursuant to this subdivision shall require that the HIV pre-exposure prophylaxis authorized to be dispensed by a licensed pharmacist shall provide for at least a thirty-day, but no more than a sixty-day, supply of such prophylaxis. And provided, further, that the following conditions shall be met before a pharmacist may dispense preexposure prophylaxis:
(a) The pharmacist has completed a training program created by the department of health on the use of pre-exposure prophylaxis. The training program shall educate pharmacists about the requirements of this subdivision, the risks and side effects of the medication, patient insurance and cost burdens, and any other information such department deems necessary or important;
(b) The patient is HIV negative, as documented by a negative HIV test result obtained within the previous seven days from an HIV antigen/antibody test or antibody-only test or from a rapid, point-ofcare fingerstick blood test approved by the federal food and drug administration. If the patient does not provide evidence of a negative HIV test in accordance with this paragraph, the pharmacist may recommend an HIV test. If the patient tests positive for HIV infection, the pharmacist shall direct the patient to a licensed physician and provide the patient with a list of health care service providers and clinics within the county where the pharmacist is located or adjacent counties;
(c) The patient does not report any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms;
(d) The patient does not report taking any contraindicated medications;
S. 7704--A 3
(e) The pharmacist does not furnish more than a sixty-day supply of pre-exposure prophylaxis to a single patient more than once every two years, unless directed otherwise by a prescriber.
(f) The pharmacist provides written information, published by the department of health, to the patient on the ongoing use of pre-exposure prophylaxis, which may include education about side effects, safety during pregnancy and breastfeeding, adherence to recommended dosing, and the importance of timely testing and treatment, as applicable, for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of child-bearing capacity. The pharmacist shall notify the patient that the patient must be seen by a licensed physician to receive subsequent prescriptions for pre-exposure prophylaxis; and
(g) The pharmacist provides information, with the patient's consent, to the patient or, when the patient lacks capacity to consent, a person authorized to consent to health care for such individual, on the importance of having a health care provider, developed by the commissioner of health, and if the patient does not have a health care provider the pharmacist shall provide the patient a list of licensed physicians, clinics, or other health care service providers within the county where the pharmacist is located or adjacent counties.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, the amendments to section 6801 of the education law made by section three of this act shall not affect the expiration of such section and shall be deemed to expire therewith. Effective immediately, the commissioner of education is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to authorizing pharma- cists to dispense HIV pre-exposure and post-exposure prophylaxis
Purpose or general idea of bill
This legislation would facilitate greater access to HIV-preventive medi- cation, called PrEP, by allowing pharmacists to dispense the medication via a standing order.
Summary of provisions
Sections one and two of the bill allow physicians and nurse practition- ers to issue a non-patient specific standing order for PrEP.
Section 3 amends Section 6801 of the education law to allow pharmacists to executive a non-patient specific standing order for PrEP, subject to the following conditions:
1. The pharmacist must complete a training program created by NYS DOH on the use of PrEP;
2. The patient is HIV negative, as documented by a negative HIV test obtained within the previous 7 days;
3. The patient does not self-report having any HIV symptoms;
4. The patient does not report taking medications that conflict with PrEP;
5. The pharmacist has not furnished more than a 60-day supply more often than once every two years;
6. The pharmacist provides the patient with information, published by NYS DOH, advising the patient on proper use, safety, and testing; and
7. The pharmacist provides a list of local doctors and/or clinics to patients who do not have a regular doctor.
Section 4 sets forth the effective date. The act takes effect 180 days after becoming law, and allows the commissioner to created necessary regulations immediately.
Justification
While much progress has been made in the fight against HIV and AIDS, there is still a need for new tools and greater access to life-saving medication. In 2018, our state saw 2,481 New Yorkers newly diagnosed with HIV+. This number calls for new policies that target high-risk populations with high bathers to preventive treatments. Pre-exposure prophylaxis, or PrEP, is currently on the market under the brand name "Truvada" as a long-term daily pill that is highly effective at prevent- ing new transmissions of HIV. This legislation would allow pharmacists to dispense the medication before a patient receives a doctor's prescription for a maximum of 60 days. This tool will allow people to access PrEP even if they don't have a regular doctor, are waiting for an appointment, have just moved to a new place or have just become sexually active.
PrEP has been used for well over a decade as a successful medication in preventing new HIV transmissions. With this legislation, New York will expand access to more residents, which will help further reduce infections. Many people at high-risk of HIV are unlikely to have a regu- lar doctor, and may not know how to access this medication. By reducing a bather to the medication, we can increase the number of people using the medication, and reduce infections.
Prior legislative history
New bill.
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, the amendments to section 6801 of the education law made by section three of this act shall not affect the expiration of such section and shall be deemed to expire therewith. Effective immediately, the commissioner of education is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on or before such effec- tive date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.