Bill Text: NY A09013 | 2019-2020 | General Assembly | Amended
Bill Title: Authorizes pharmacists to dispense HIV pre-exposure and post-exposure prophylaxis.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-06-17 - print number 9013a [A09013 Detail]
Download: New_York-2019-A09013-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9013--A IN ASSEMBLY January 10, 2020 ___________ Introduced by M. of A. BARRETT, GOTTFRIED -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. A certified nurse practitioner may prescribe and order a patient 22 specific order or non-patient specific order to a licensed pharmacist, 23 pursuant to regulations promulgated by the commissioner in consultation 24 with the commissioner of health, and consistent with the public health 25 law, for dispensing up to a seven day starter pack of HIV post-exposure 26 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. LBD14442-06-0A. 9013--A 2 1 infection following a potential human immunodeficiency virus exposure. A 2 certified nurse practitioner may also prescribe and order a patient 3 specific or non-patient specific order to a licensed pharmacist, pursu- 4 ant to regulations promulgated by the commissioner in consultation with 5 the commissioner of health, and consistent with the public health law 6 and section sixty-eight hundred one of this title, for HIV pre-exposure 7 prophylaxis, provided, however, that the regulations promulgated pursu- 8 ant to this subdivision shall require that the HIV pre-exposure prophy- 9 laxis authorized to be dispensed by a licensed pharmacist shall provide 10 for at least a thirty-day, but no more than a sixty-day, supply of such 11 prophylaxis. 12 § 3. Subdivision 5 of section 6801 of the education law, as added by 13 chapter 502 of the laws of 2016, is amended and a new subdivision 6 is 14 added to read as follows: 15 5. A licensed pharmacist may execute a non-patient specific order, for 16 dispensing up to a seven day starter pack of HIV post-exposure prophy- 17 laxis medications for the purpose of preventing human immunodeficiency 18 virus infection, by a physician licensed in this state or nurse practi- 19 tioner certified in this state, pursuant to rules and regulations 20 promulgated by the commissioner in consultation with the commissioner of 21 health following a potential human immunodeficiency virus exposure. The 22 pharmacist shall also inform the patient of the availability of pre-ex- 23 posure prophylaxis for persons who are at substantial risk of acquiring 24 HIV. 25 6. A licensed pharmacist may execute a non-patient specific order, for 26 dispensing HIV pre-exposure prophylaxis, pursuant to rules and regu- 27 lations promulgated by the commissioner in consultation with the commis- 28 sioner of health provided, however, that the rules and regulations 29 promulgated pursuant to this subdivision shall require that the HIV 30 pre-exposure prophylaxis authorized to be dispensed by a licensed phar- 31 macist shall provide for at least a thirty-day, but no more than a 32 sixty-day, supply of such prophylaxis. And provided, further, that the 33 following conditions shall be met before a pharmacist may dispense pre- 34 exposure prophylaxis: 35 (a) The pharmacist has completed a training program created by the 36 department of health on the use of pre-exposure prophylaxis. The train- 37 ing program shall educate pharmacists about the requirements of this 38 subdivision, the risks and side effects of the medication, patient 39 insurance and cost burdens, and any other information such department 40 deems necessary or important; 41 (b) The patient is HIV negative, as documented by a negative HIV test 42 result obtained within the previous seven days from an HIV 43 antigen/antibody test or antibody-only test or from a rapid, point-of- 44 care fingerstick blood test approved by the federal food and drug admin- 45 istration. If the patient does not provide evidence of a negative HIV 46 test in accordance with this paragraph, the pharmacist may recommend an 47 HIV test. If the patient tests positive for HIV infection, the pharma- 48 cist shall direct the patient to a licensed physician and provide the 49 patient with a list of health care service providers and clinics within 50 the county where the pharmacist is located or adjacent counties; 51 (c) The patient does not report any signs or symptoms of acute HIV 52 infection on a self-reported checklist of acute HIV infection signs and 53 symptoms; 54 (d) The patient does not report taking any contraindicated medica- 55 tions;A. 9013--A 3 1 (e) The pharmacist does not furnish more than a sixty-day supply of 2 pre-exposure prophylaxis to a single patient more than once every two 3 years, unless directed otherwise by a prescriber. 4 (f) The pharmacist provides written information, published by the 5 department of health, to the patient on the ongoing use of pre-exposure 6 prophylaxis, which may include education about side effects, safety 7 during pregnancy and breastfeeding, adherence to recommended dosing, and 8 the importance of timely testing and treatment, as applicable, for HIV, 9 renal function, hepatitis B, hepatitis C, sexually transmitted diseases, 10 and pregnancy for individuals of child-bearing capacity. The pharmacist 11 shall notify the patient that the patient must be seen by a licensed 12 physician to receive subsequent prescriptions for pre-exposure prophy- 13 laxis; and 14 (g) The pharmacist provides information, with the patient's consent, 15 to the patient or, when the patient lacks capacity to consent, a person 16 authorized to consent to health care for such individual, on the impor- 17 tance of having a health care provider, developed by the commissioner of 18 health, and if the patient does not have a health care provider the 19 pharmacist shall provide the patient a list of licensed physicians, 20 clinics, or other health care service providers within the county where 21 the pharmacist is located or adjacent counties. 22 § 4. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law; provided, however, the amendments to section 24 6801 of the education law made by section three of this act shall not 25 affect the expiration of such section and shall be deemed to expire 26 therewith. Effective immediately, the commissioner of education is 27 authorized to promulgate any and all rules and regulations and take any 28 other measures necessary to implement this act on or before such effec- 29 tive date.
