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

Introduction

In a major transfer to boost public well being and broaden 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 crucial healthcare providers, scale back limitations 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 energetic position in HIV prevention by way of a structured certification course of. Under are the act’s major elements:

1. Screening for HIV Publicity
   • Licensed pharmacists can now conduct screenings for HIV publicity and supply screening outcomes to adults, offered, 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 Medicine
   • Licensed pharmacists might now dispense HIV preexposure prophylaxis medication pursuant to a sound prescription issued by a licensed and licensed well being care practitioner.
   • Pharmacists licensed in accordance with Fla. Stat. §  465.1861(6) might order and dispense HIV postexposure prophylaxis (PEP) medication pursuant to a written collaborative apply settlement between the pharmacist and a licensed doctor.
3. Certification Necessities
   • To change into licensed to display screen and dispense postexposure prophylaxis, pharmacists should:
     • Maintain an energetic and unencumbered pharmacy license. Be engaged in energetic pharmacy apply.
     • Possess a doctorate in pharmacy or a minimum of three years of expertise as a licensed pharmacist.
     • Preserve 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 apply 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 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 replica 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 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 permitted access-to-care plan as offered 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 embody:
     • Schooling 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 predicted to have a profound affect on public well being in Florida by:

1. Growing Accessibility: By permitting pharmacists to conduct screenings and dispense medicines, the Act reduces limitations 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 vulnerable to HIV publicity.
3. Strengthening Healthcare Collaboration: The requirement for pharmacies to associate with well being facilities enhances the continuity of take care of sufferers, making certain they obtain complete help.

Conclusion

With the approval and enactment of the John W. Rheay Act, Florida is poised to make a major 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 additionally fosters a tradition of prevention and consciousness.

To study extra about this matter, please contact the creator at mclare@foxrothschild.com or 941-308-2676. Extra info could 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 relies in Sarasota, Florida and makes a speciality of aiding shoppers with company, well being legislation and M&A issues.