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

Introduction

In a big transfer to boost public well being and increase HIV prevention measures, Florida has not too long ago enacted the “John W. Rheay Act” (Fla. Stat. § 465.1861), efficient as of July 1, 2024. This laws goals to boost entry to vital healthcare providers, cut 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 battle in opposition to HIV, making certain that extra people can obtain well timed screening and drugs.

Key Provisions of the John W. Rheay Act

The John W. Rheay Act authorizes pharmacists to tackle a extra lively position in HIV prevention by a structured certification course of. Under 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 therapy from a doctor.
2. Allotting of HIV Medication
   • Licensed pharmacists could now dispense HIV preexposure prophylaxis medication pursuant to a sound prescription issued by a licensed and approved well being care practitioner.
   • Pharmacists licensed in accordance with Fla. Stat. §  465.1861(6) could order and dispense HIV postexposure prophylaxis (PEP) medication 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 lively and unencumbered pharmacy license. Be engaged in lively pharmacy observe.
     • Possess a doctorate in pharmacy or a minimum of 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 Follow Agreements (CPA)
   • Pharmacists will work beneath written collaborative observe agreements with physicians, enabling them to order and dispense HIV PEP medicines. These agreements should embody, at a minimal, all the next:
     • The Phrases and situations regarding the screening for HIV and the ordering and allotting of HIV postexposure prophylaxis medication by the pharmacist, such phrases and situations have to be applicable for the pharmacist’s coaching.
     • Particular affected person classes for screening and drugs allotting.
     • Report-keeping necessities for all HIV PEP orders.
     • Processes for acquiring related affected person medical historical past.
     • Course of and schedule for physicians to evaluate the pharmacist’s data.
     • 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 medication should present the affected person with written data 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 accredited access-to-care plan as supplied in Fla. Stat. §  465.1861(7).
6. Entry-to-Care Plans (ACP)
   • Pharmacies offering providers beneath the CPA are required to submit an annual access-to-care plan to the BOP and the Division of Well being. This plan should embody:
     • Training for sufferers on the significance of major care.
     • Help sufferers in getting 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 anticipated to have a profound affect on public well being in Florida by:

1. Rising Accessibility: By permitting pharmacists to conduct screenings and dispense medicines, the Act reduces obstacles to accessing HIV prevention providers, notably in underserved areas.
2. Encouraging Preventative Care: With a deal with schooling and follow-up care, the laws promotes proactive well being administration amongst sufferers susceptible to HIV publicity.
3. Strengthening Healthcare Collaboration: The requirement for pharmacies to accomplice with well being facilities enhances the continuity of look after sufferers, making certain they obtain complete assist.

Conclusion

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

To be taught extra about this subject, please contact the writer at [email protected] or 941-308-2676. Extra data will be discovered at www.foxrothschild.com/healthlaw.

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