NY State Senate Bill 2019-S7704A

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 22, 2020	print number 7704a
Jun 22, 2020	amend and recommit to higher education
Feb 10, 2020	referred to higher education

Bill Amendments

Original

A (Active)

2019-S7704 - Details

See Assembly Version of this Bill:: A9013
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6909 & 6801, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S728, A2198
2023-2024: S3297, A5995

2019-S7704 - Summary

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

2019-S7704 - Sponsor Memo

                                
 
BILL NUMBER: S7704

SPONSOR: HOYLMAN
 
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 report taking medications that conflict with
PrEP;

4. The pharmacist provides the patient with information, published by
NYS DOH, advising the patient on proper use, safety, and testing; and

5. 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 barriers 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 preventing 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 barrier 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.

2019-S7704 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7704
 
                             I N  S E N A T E
 
                             February 10, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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:

   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 prophy-
 laxis  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  REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
 SIONER  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 AUTHOR-
 IZED 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
 infection following a potential human immunodeficiency virus exposure. A
 LICENSED  PHYSICIAN  MAY  ALSO PRESCRIBE AND ORDER A PATIENT SPECIFIC OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14442-05-0

 S. 7704                             2
 
 NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSUANT  TO  REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
 SIONER  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  AUTHOR-
 IZED 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 prophy-
 laxis medications for the purpose of preventing  human  immunodeficiency
 virus  infection, by a physician licensed in this state or nurse practi-
 tioner 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-EX-
 POSURE  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  REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
 SIONER  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 PHAR-
 MACIST 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  PRE-
 EXPOSURE PROPHYLAXIS:
   (A)  THE  PHARMACIST  HAS  COMPLETED A TRAINING PROGRAM CREATED BY THE
 DEPARTMENT OF HEALTH ON THE USE OF PRE-EXPOSURE PROPHYLAXIS. THE  TRAIN-
 ING  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-OF-
 CARE FINGERSTICK BLOOD TEST APPROVED BY THE FEDERAL FOOD AND DRUG ADMIN-
 ISTRATION.  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 PHARMA-
 CIST 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  MEDICA-
 TIONS;
   (E)  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

 S. 7704                             3
 
 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  PROPHY-
 LAXIS; AND
   (F)  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 IMPOR-
 TANCE 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 effec-
 tive date.

2019-S7704A (ACTIVE) - Details

See Assembly Version of this Bill:: A9013
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6909 & 6801, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S728, A2198
2023-2024: S3297, A5995

2019-S7704A (ACTIVE) - Summary

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

2019-S7704A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7704a

SPONSOR: HOYLMAN
 
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.

2019-S7704A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7704--A
 
                             I N  S E N A T E
 
                             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  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:
 
   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 prophy-
 laxis  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  REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
 SIONER  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 AUTHOR-
 IZED 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,  PURSU-
 ANT  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  PURSU-
 ANT  TO THIS SUBDIVISION SHALL REQUIRE THAT THE HIV PRE-EXPOSURE PROPHY-
 LAXIS 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  prophy-
 laxis  medications  for the purpose of preventing human immunodeficiency
 virus infection, by a physician licensed in this state or nurse  practi-
 tioner  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-EX-
 POSURE 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 REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
 SIONER 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  PHAR-
 MACIST  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 PRE-
 EXPOSURE PROPHYLAXIS:
   (A) THE PHARMACIST HAS COMPLETED A TRAINING  PROGRAM  CREATED  BY  THE
 DEPARTMENT  OF HEALTH ON THE USE OF PRE-EXPOSURE PROPHYLAXIS. THE TRAIN-
 ING 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-OF-
 CARE FINGERSTICK BLOOD TEST APPROVED BY THE FEDERAL FOOD AND DRUG ADMIN-
 ISTRATION. 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  PHARMA-
 CIST  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 MEDICA-
 TIONS;

 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 PROPHY-
 LAXIS; 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  IMPOR-
 TANCE 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  effec-
 tive date.

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Senate Bill S7704A

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

2019-S7704 - Details

2019-S7704 - Summary

2019-S7704 - Sponsor Memo

2019-S7704 - Bill Text download pdf

2019-S7704A (ACTIVE) - Details

2019-S7704A (ACTIVE) - Summary

2019-S7704A (ACTIVE) - Sponsor Memo

2019-S7704A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7704A

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

2019-S7704 - Details

2019-S7704 - Summary

2019-S7704 - Sponsor Memo

2019-S7704 - Bill Text download pdf

2019-S7704A (ACTIVE) - Details

2019-S7704A (ACTIVE) - Summary

2019-S7704A (ACTIVE) - Sponsor Memo

2019-S7704A (ACTIVE) - Bill Text download pdf

Comments