A 358: Authorizes pharmacists to dispense HIV pre-exposure and post-exposure prophylaxis.

  
  STATE OF NEW YORK ________________________________________________________________________ 358 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. BARRETT -- read once and referred to the Commit- tee on Higher Education AN ACT to amend the education law, in relation to authorizing pharma- cists to dispense HIV pre-exposure and post-exposure prophylaxis The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7-a of section 6527 of the education law, as 2 added by chapter 502 of the laws of 2016, is amended to read as follows: 3 7-a. A licensed physician may prescribe and order a patient specific 4 order or non-patient specific order to a licensed pharmacist, pursuant 5 to regulations promulgated by the commissioner in consultation with the 6 commissioner of health, and consistent with the public health law, for 7 dispensing up to a seven day starter pack of HIV post-exposure prophy- 8 laxis for the purpose of preventing human immunodeficiency virus 9 infection following a potential human immunodeficiency virus exposure. A 10 licensed physician may also prescribe and order a patient specific or 11 non-patient specific order to a licensed pharmacist, pursuant to regu- 12 lations promulgated by the commissioner in consultation with the commis- 13 sioner of health, and consistent with the public health law and section 14 sixty-eight hundred one of this title, for HIV pre-exposure prophylaxis, 15 provided, however, that the regulations promulgated pursuant to this 16 subdivision shall require that the HIV pre-exposure prophylaxis author- 17 ized to be dispensed by a licensed pharmacist shall provide for at least 18 a thirty-day, but no more than a sixty-day, supply of such prophylaxis. 19 § 2. Subdivision 8 of section 6909 of the education law, as added by 20 chapter 502 of the laws of 2016, is amended to read as follows: 21 [8.] 12. A certified nurse practitioner may prescribe and order a 22 patient specific order or non-patient specific order to a licensed phar- 23 macist, pursuant to regulations promulgated by the commissioner in 24 consultation with the commissioner of health, and consistent with the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00284-01-5 
 A. 358 2 1 public health law, for dispensing up to a seven day starter pack of HIV 2 post-exposure prophylaxis for the purpose of preventing human immunode- 3 ficiency virus infection following a potential human immunodeficiency 4 virus exposure. A certified nurse practitioner may also prescribe and 5 order a patient specific or non-patient specific order to a licensed 6 pharmacist, pursuant to regulations promulgated by the commissioner in 7 consultation with the commissioner of health, and consistent with the 8 public health law and section sixty-eight hundred one of this title, for 9 HIV pre-exposure prophylaxis, provided, however, that the regulations 10 promulgated pursuant to this subdivision shall require that the HIV 11 pre-exposure prophylaxis authorized to be dispensed by a licensed phar- 12 macist shall provide for at least a thirty-day, but no more than a 13 sixty-day, supply of such prophylaxis. 14 § 3. Subdivision 5 of section 6801 of the education law, as added by 15 chapter 502 of the laws of 2016, is amended and a new subdivision 10 is 16 added to read as follows: 17 5. A licensed pharmacist may execute a non-patient specific order, for 18 dispensing up to a seven day starter pack of HIV post-exposure prophy- 19 laxis medications for the purpose of preventing human immunodeficiency 20 virus infection, by a physician licensed in this state or nurse practi- 21 tioner certified in this state, pursuant to rules and regulations 22 promulgated by the commissioner in consultation with the commissioner of 23 health following a potential human immunodeficiency virus exposure. The 24 pharmacist shall also inform the patient of the availability of pre-ex- 25 posure prophylaxis for persons who are at substantial risk of acquiring 26 HIV. 27 10. A licensed pharmacist may execute a non-patient specific order, 28 for dispensing HIV pre-exposure prophylaxis, pursuant to rules and regu- 29 lations promulgated by the commissioner in consultation with the commis- 30 sioner of health provided, however, that the rules and regulations 31 promulgated pursuant to this subdivision shall require that the HIV 32 pre-exposure prophylaxis authorized to be dispensed by a licensed phar- 33 macist shall provide for at least a thirty-day, but no more than a 34 sixty-day, supply of such prophylaxis. And provided, further, that the 35 following conditions shall be met before a pharmacist may dispense pre- 36 exposure prophylaxis: 37 (a) The pharmacist has completed a training program created by the 38 department of health on the use of pre-exposure prophylaxis. The train- 39 ing program shall educate pharmacists about the requirements of this 40 subdivision, the risks and side effects of the medication, patient 41 insurance and cost burdens, and any other information such department 42 deems necessary or important; 43 (b) The patient is HIV negative, as documented by a negative HIV test 44 result obtained within the previous seven days from an HIV 45 antigen/antibody test or antibody-only test or from a rapid, point-of- 46 care fingerstick blood test approved by the federal food and drug admin- 47 istration. If the patient does not provide evidence of a negative HIV 48 test in accordance with this paragraph, the pharmacist may recommend an 49 HIV test. If the patient tests positive for HIV infection, the pharma- 50 cist shall direct the patient to a licensed physician and provide the 51 patient with a list of health care service providers and clinics within 52 the county where the pharmacist is located or adjacent counties; 53 (c) The patient does not report any signs or symptoms of acute HIV 54 infection on a self-reported checklist of acute HIV infection signs and 55 symptoms; 
 A. 358 3 1 (d) The patient does not report taking any contraindicated medica- 2 tions; 3 (e) The pharmacist does not furnish more than a sixty-day supply of 4 pre-exposure prophylaxis to a single patient more than once every two 5 years, unless directed otherwise by a prescriber. 6 (f) The pharmacist provides written information, published by the 7 department of health, to the patient on the ongoing use of pre-exposure 8 prophylaxis, which may include education about side effects, safety 9 during pregnancy and breastfeeding, adherence to recommended dosing, and 10 the importance of timely testing and treatment, as applicable, for HIV, 11 renal function, hepatitis B, hepatitis C, sexually transmitted diseases, 12 and pregnancy for individuals of child-bearing capacity. The pharmacist 13 shall notify the patient that the patient must be seen by a licensed 14 physician to receive subsequent prescriptions for pre-exposure prophy- 15 laxis; and 16 (g) The pharmacist provides information, with the patient's consent, 17 to the patient or, when the patient lacks capacity to consent, a person 18 authorized to consent to health care for such individual, on the impor- 19 tance of having a health care provider, developed by the commissioner of 20 health, and if the patient does not have a health care provider the 21 pharmacist shall provide the patient a list of licensed physicians, 22 clinics, or other health care service providers within the county where 23 the pharmacist is located or adjacent counties. 24 § 4. This act shall take effect on the one hundred eightieth day after 25 it shall have become a law. Effective immediately, the addition, amend- 26 ment and/or repeal of any rule or regulation necessary for the implemen- 27 tation of this act on its effective date are authorized to be made and 28 completed on or before such date.