Introduction
In a significant move to enhance public health and expand HIV prevention measures, Florida has recently enacted the “John W. Rheay Act” (Fla. Stat. § 465.1861), effective as of July 1, 2024. This legislation aims to enhance access to critical healthcare services, reduce barriers to HIV prevention, and promote proactive health management across the state. By enacting the John W. Rheay Act, Florida is taking a strong step in the ongoing fight against HIV, ensuring that more individuals can receive timely screening and medication.
Key Provisions of the John W. Rheay Act
The John W. Rheay Act authorizes pharmacists to take on a more active role in HIV prevention through a structured certification process. Below are the act’s primary components:
- Screening for HIV Exposure
- Licensed pharmacists can now conduct screenings for HIV exposure and provide screening results to adults, provided, such licensed pharmacist shall also have the obligation to advise patients to seek further medical consultation or treatment from a physician.
- Dispensing of HIV Drugs
- Licensed pharmacists may now dispense HIV preexposure prophylaxis drugs pursuant to a valid prescription issued by a licensed and authorized health care practitioner.
- Pharmacists certified in accordance with Fla. Stat. § 465.1861(6) may order and dispense HIV postexposure prophylaxis (PEP) drugs pursuant to a written collaborative practice agreement between the pharmacist and a licensed physician.
- Certification Requirements
- To become certified to screen and dispense postexposure prophylaxis, pharmacists must:
- Hold an active and unencumbered pharmacy license. Be engaged in active pharmacy practice.
- Possess a doctorate in pharmacy or at least three years of experience as a licensed pharmacist.
- Maintain a minimum of $250,000 in liability coverage.
- Complete a Board of Pharmacy (BOP)-approved training course.
- To become certified to screen and dispense postexposure prophylaxis, pharmacists must:
- Collaborative Practice Agreements (CPA)
- Pharmacists will work under written collaborative practice agreements with physicians, enabling them to order and dispense HIV PEP medications. These agreements must include, at a minimum, all the following:
- The Terms and conditions relating to the screening for HIV and the ordering and dispensing of HIV postexposure prophylaxis drugs by the pharmacist, such terms and conditions must be appropriate for the pharmacist’s training.
- Specific patient categories for screening and medication dispensing.
- Record-keeping requirements for all HIV PEP orders.
- Processes for obtaining relevant patient medical history.
- Process and schedule for physicians to review the pharmacist’s records.
- Evidence of the pharmacist’s current certification by the Florida Board of Pharmacy pursuant to Fla. Stat. § 465.1861(6).
- The Pharmacist must submit a copy of the CPA to the Florida Board of Pharmacy.
- Pharmacists will work under written collaborative practice agreements with physicians, enabling them to order and dispense HIV PEP medications. These agreements must include, at a minimum, all the following:
- Patient Notification Requirement
- A pharmacist who orders and dispends HIV PEP drugs must provide the patient with written information advising the patient to seek follow-up care from his or her primary care physician, and in the event the patient indicates that he or she lacks regular access to primary care, the pharmacist must comply with the procedures of the pharmacy’s approved access-to-care plan as provided in Fla. Stat. § 465.1861(7).
- Access-to-Care Plans (ACP)
- Pharmacies providing services under the CPA are required to submit an annual access-to-care plan to the BOP and the Department of Health. This plan must include:
- Education for patients on the importance of primary care.
- Assist patients in gaining access to appropriate care settings.
- Collaborative partnerships with local health centers to ensure comprehensive patient care.
- Pharmacies providing services under the CPA are required to submit an annual access-to-care plan to the BOP and the Department of Health. This plan must include:
Implications for Public Health
The John W. Rheay Act is expected to have a profound impact on public health in Florida by:
- Increasing Accessibility: By allowing pharmacists to conduct screenings and dispense medications, the Act reduces barriers to accessing HIV prevention services, particularly in underserved areas.
- Encouraging Preventative Care: With a focus on education and follow-up care, the legislation promotes proactive health management among patients at risk of HIV exposure.
- Strengthening Healthcare Collaboration: The requirement for pharmacies to partner with health centers enhances the continuity of care for patients, ensuring they receive comprehensive support.
Conclusion
With the approval and enactment of the John W. Rheay Act, Florida is poised to make a significant impact on HIV prevention and care. By allowing pharmacists to play a crucial role in screening and dispensing medications, this legislation not only enhances accessibility to essential health services but also fosters a culture of prevention and awareness.
To learn more about this topic, please contact the author at mclare@foxrothschild.com or 941-308-2676. More information can be found at www.foxrothschild.com/healthlaw.
Mark Clare is an Associate and member of the Health Care Transactions Practice Group at Fox Rothschild LLP. Mark is based in Sarasota, Florida and specializes in assisting clients with corporate, health law and M&A matters.