prophylaxis [Effective until June 30, 2026]. (a) Pursuant to a statewide written protocol approved by the Division of Public Health, a pharmacist may initiate, dispense, or administer medications for HIV pre-exposure prophylaxes and for HIV post-exposure prophylaxis, which includes administering laboratory tests, conducting assessments and consultations, and providing referrals, (b) When initiating therapy for and administering or dispensing HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis under a statewide protocol, a pharmacist must complete a training program approved by the Board within 1 year prior to first-time initiating therapy and administering or dispensing HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis. The training program must include information about all of the following: (1) Financial assistance programs for HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis. (2) Relevant federal guidelines regarding HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis. (c) When initiating therapy for and administering or dispensing HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis to a new patient, a pharmacist may not allow the patient to waive consultation for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis. (d) HIV pre-exposure prophylaxis. — (1) Under a statewide protocol, a pharmacist may dispense between a 30-day and 60-day supply of HIV pre-exposure prophylaxis if the all of the following apply: a. The patient is HIV-negative as documented by a negative HIV test result obtained within the previous 7 days from a test approved by the U.S. Food and Drug Administration. b. The patient does not report any of the following: 1. Any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms. 2. Usage of any contraindicated medication. c. The pharmacist provides counseling to the patient on the ongoing use of HIV pre-exposure prophylaxis, which must include education about all of the following: 1. Side effects. 2. Safety during pregnancy and breastfeeding. 3. Adherence to recommended dosing. 4. The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually-transmitted infections, and pregnancy for individuals of childbearing capacity. 5. The requirement for subsequent prescriptions for HIV pre-exposure prophylaxis issued by a primary-care provider. d. To the extent possible, the pharmacist documents the services provided by the pharmacist in the patient record system shared with the primary-care provider. (2) If the test results from a test under paragraph (d)(1)a. of this section are not sent directly to the pharmacist, the pharmacist must verify the test results. (3) If the patient tests positive for HIV infection from a test under paragraph (d)(1)a. of this section, the pharmacist shall do the following and document in the patient's record which of the following was done: a. If the patient has a primary-care provider, send the result of the test to the patient's primary-care provider after obtaining written permission from the patient to do so. b. If the patient does not give written permission under paragraph (d)(3)a. of this section or if the patient does not have a primary- care provider, provide a list of providers and clinics in the region that provide care for patients with HIV. (4) If the patient does not provide evidence of a negative HIV test under paragraph (d)(1)a. of this section, the pharmacist shall initiate and administer an HIV test and interpret the test results prior to initiating any treatment under this subsection. (e) HIV post-exposure prophylaxis. — (1) Under a statewide protocol, a pharmacist may dispense a course of HIV post-exposure prophylaxis if the pharmacist does all of the following: a. Screens the patient and determines that the exposure to HIV occurred within the previous 72 hours. b. Provides HIV testing or determines that the patient is 1 of the following: 1. Willing to undergo HIV testing consistent with federal guidelines. 2. Unwilling to undergo HIV testing but otherwise eligible for HIV post-exposure prophylaxis. c. Provides counseling to the patient on the ongoing use of HIV post-exposure prophylaxis, which must include education about all of the following: 1. Side effects. 2. Safety during pregnancy and breastfeeding. 3. Adherence to recommended dosing. 4. The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually-transmitted infections, and pregnancy for individuals of childbearing capacity. 5. The availability of HIV pre-exposure prophylaxis for a person who is at a substantial risk of acquiring HIV. d. To the extent possible, documents the services provided by the pharmacist in the patient record system shared with the primary- care provider. Pharmacies [Effective until June 30, 2026].
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