The John W. Rheay Act: A Step Ahead in Florida’s Combat In opposition to HIV

Introduction

In a big transfer to boost public well being and develop HIV prevention measures, Florida has lately enacted the “John W. Rheay Act” (Fla. Stat. § 465.1861), efficient as of July 1, 2024. This laws goals to boost entry to essential healthcare providers, scale back obstacles to HIV prevention, and promote proactive well being administration throughout the state. By enacting the John W. Rheay Act, Florida is taking a robust step within the ongoing combat in opposition to HIV, guaranteeing that extra people can obtain well timed screening and medicine.

Key Provisions of the John W. Rheay Act

The John W. Rheay Act authorizes pharmacists to tackle a extra energetic function in HIV prevention by means of a structured certification course of. Beneath are the act’s major parts:

1. Screening for HIV Publicity
   • Licensed pharmacists can now conduct screenings for HIV publicity and supply screening outcomes to adults, supplied, such licensed pharmacist shall even have the duty to advise sufferers to hunt additional medical session or remedy from a doctor.
2. Allotting of HIV Medication
   • Licensed pharmacists might now dispense HIV preexposure prophylaxis medicine pursuant to a legitimate prescription issued by a licensed and approved well being care practitioner.
   • Pharmacists licensed in accordance with Fla. Stat. §  465.1861(6) might order and dispense HIV postexposure prophylaxis (PEP) medicine pursuant to a written collaborative observe settlement between the pharmacist and a licensed doctor.
3. Certification Necessities
   • To grow to be licensed to display and dispense postexposure prophylaxis, pharmacists should:
     • Maintain an energetic and unencumbered pharmacy license. Be engaged in energetic pharmacy observe.
     • Possess a doctorate in pharmacy or at the least three years of expertise as a licensed pharmacist.
     • Keep a minimal of $250,000 in legal responsibility protection.
     • Full a Board of Pharmacy (BOP)-approved coaching course.
4. Collaborative Apply Agreements (CPA)
   • Pharmacists will work underneath written collaborative observe agreements with physicians, enabling them to order and dispense HIV PEP drugs. These agreements should embrace, at a minimal, all the next:
     • The Phrases and circumstances regarding the screening for HIV and the ordering and shelling out of HIV postexposure prophylaxis medicine by the pharmacist, such phrases and circumstances should be applicable for the pharmacist’s coaching.
     • Particular affected person classes for screening and medicine shelling out.
     • Report-keeping necessities for all HIV PEP orders.
     • Processes for acquiring related affected person medical historical past.
     • Course of and schedule for physicians to assessment the pharmacist’s information.
     • Proof of the pharmacist’s present certification by the Florida Board of Pharmacy pursuant to Fla. Stat. § 465.1861(6).
   • The Pharmacist should submit a duplicate of the CPA to the Florida Board of Pharmacy.
5. Affected person Notification Requirement
   • A pharmacist who orders and dispends HIV PEP medicine should present the affected person with written info advising the affected person to hunt follow-up care from his or her major care doctor, and within the occasion the affected person signifies that she or he lacks common entry to major care, the pharmacist should adjust to the procedures of the pharmacy’s authorised access-to-care plan as supplied in Fla. Stat. §  465.1861(7).
6. Entry-to-Care Plans (ACP)
   • Pharmacies offering providers underneath the CPA are required to submit an annual access-to-care plan to the BOP and the Division of Well being. This plan should embrace:
     • Schooling for sufferers on the significance of major care.
     • Help sufferers in having access to applicable care settings.
     • Collaborative partnerships with native well being facilities to make sure complete affected person care.

Implications for Public Well being

The John W. Rheay Act is predicted to have a profound impression on public well being in Florida by:

1. Growing Accessibility: By permitting pharmacists to conduct screenings and dispense drugs, the Act reduces obstacles to accessing HIV prevention providers, significantly in underserved areas.
2. Encouraging Preventative Care: With a give attention to schooling and follow-up care, the laws promotes proactive well being administration amongst sufferers prone to HIV publicity.
3. Strengthening Healthcare Collaboration: The requirement for pharmacies to companion with well being facilities enhances the continuity of look after sufferers, guaranteeing they obtain complete help.

Conclusion

With the approval and enactment of the John W. Rheay Act, Florida is poised to make a big impression on HIV prevention and care. By permitting pharmacists to play an important function in screening and shelling out drugs, this laws not solely enhances accessibility to important well being providers but additionally fosters a tradition of prevention and consciousness.

To be taught extra about this subject, please contact the writer at mclare@foxrothschild.com or 941-308-2676. Extra info will be discovered at www.foxrothschild.com/healthlaw.

Mark Clare is an Affiliate and member of the Well being Care Transactions Apply Group at Fox Rothschild LLP. Mark is predicated in Sarasota, Florida and focuses on aiding purchasers with company, well being regulation and M&A issues.