NY State Senate Bill 2023-S3297

Current 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
Jan 03, 2024	referred to higher education
Jan 30, 2023	referred to higher education

co-Sponsors

2023-S3297 (ACTIVE) - Details

See Assembly Version of this Bill:: A5995
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6909 & 6801, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7704, A9013
2021-2022: S728, A2198

2023-S3297 (ACTIVE) - Summary

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

2023-S3297 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3297

SPONSOR: HOYLMAN-SIGAL
 
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::

S.0728 of 2021-2022 (Hoylman): Died in Higher Education

A.2198 of 2021-2022 (Barrett): Died in Higher Education

S.7704-A of 2020 (Hoylman): Died in Higher Education

A.9013-A of 2020 (Barrett): Died in Higher Education

 
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.

2023-S3297 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3297
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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.] 11. A certified nurse practitioner  may  prescribe  and  order  a
 patient specific order or non-patient specific order to a licensed phar-
 macist,  pursuant  to  regulations  promulgated  by  the commissioner in
 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
 
 public  health law, for dispensing up to a seven day starter pack of HIV
 post-exposure prophylaxis for the purpose of preventing human  immunode-
 ficiency  virus  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 PHAR-
 MACIST 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  9  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.
   9. 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;
 S. 3297                             3
 
   (D) THE PATIENT DOES NOT REPORT  TAKING  ANY  CONTRAINDICATED  MEDICA-
 TIONS;
   (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. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.

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Senate Bill S3297

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

2023-S3297 (ACTIVE) - Details

2023-S3297 (ACTIVE) - Summary

2023-S3297 (ACTIVE) - Sponsor Memo

2023-S3297 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3297

Share this bill

Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

Zellnor Myrie

Julia Salazar

2023-S3297 (ACTIVE) - Details

2023-S3297 (ACTIVE) - Summary

2023-S3297 (ACTIVE) - Sponsor Memo

2023-S3297 (ACTIVE) - Bill Text download pdf

Comments