STATE OF NEW YORK
________________________________________________________________________
3297
2023-2024 Regular Sessions
IN SENATE
January 30, 2023
___________
Introduced by Sens. HOYLMAN-SIGAL, MYRIE, SALAZAR -- read twice and
ordered printed, and when printed to be committed to the Committee 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.] 11. 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.
LBD01383-02-3
S. 3297 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 9 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 9. A licensed pharmacist may execute a non-patient specific order, for
28 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;
S. 3297 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.
