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Bill

Bill

S 10467

Authorizes pharmacists to dispense HIV pre-exposure and post-exposure prophylaxis

2025 Regular Session Introduced by Erik Bottcher

Allows licensed pharmacists to dispense HIV PrEP and PEP under physician/NP orders with training, testing, and safety safeguards to expand access.

ORDERED TO THIRD READING CAL.1439
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Bill Summary · S 10467

Overview

  • Bill: S 10467
  • Session: 2025-2026
  • Jurisdiction: New York
  • Title: Authorizes pharmacists to dispense HIV pre-exposure and post-exposure prophylaxis
  • Introduced by: Sen. Bottcher (co-sponsor)
  • Current status: Referred to Higher Education (5/15/2026); Committee discharged to Rules and then to Third Reading (5/28/2026)

Purpose and intent

  • The bill authorizes licensed pharmacists to dispense HIV pre-exposure prophylaxis (PrEP) and HIV post-exposure prophylaxis (PEP) under physician or nurse practitioner orders, with specified regulatory controls.
  • Aims to expand access to PrEP/PEP by allowing pharmacist dispensing, while establishing safeguards to ensure appropriate use, patient safety, and linkage to ongoing care.

Key provisions and changes

  • PrEP and PEP dispensing authority:
    • Pharmacists may dispense up to a 7-day starter pack of PEP following a potential HIV exposure, based on orders from a licensed physician or certified nurse practitioner (NP).
    • Pharmacists may dispense PrEP based on orders from a physician or NP, with a requirement that regulations provide for a 30- to 60-day supply.
  • Regulatory framework:
    • Regulations to be promulgated by the NYS commissioner of education (in consultation with the commissioner of health) and consistent with the public health law and relevant education law sections.
  • Prescriber requirements and dispensing conditions (new and expanded in §6801 subsections):
    • Pharmacists may execute non-patient-specific orders for PEP (7-day starter pack) and for PrEP, under rules developed by the commissioners.
    • For PrEP dispensing, the following conditions must be met:
    • Pharmacist must complete a DOH-created training program covering PrEP use, risks/side effects, insurance/cost considerations, and other DOH-identified information.
    • Patient must be HIV-negative, evidenced by a negative HIV test within the prior seven days (including antigen/antibody, antibody-only, or FDA-approved rapid tests). If no prior negative test, pharmacist may recommend testing.
    • Patient must not show signs of acute HIV infection on a self-reported checklist.
    • Patient must not be taking contraindicated medications.
    • The same patient must not receive more than a 60-day PrEP supply more than once every two years unless otherwise directed by a prescriber.
    • Pharmacist must provide written information about ongoing PrEP use, including side effects, safety in pregnancy/breastfeeding, adherence, and testing/treatment importance for HIV, renal function, hepatitis B and C, STDs, and pregnancy for those of child-bearing potential.
    • Pharmacist must verify that the patient will be seen by a licensed physician to obtain subsequent PrEP prescriptions.
    • Pharmacist must offer information about the importance of having a health care provider, and provide a list of local physicians/clinics if the patient lacks one (with consent to share information as needed).
  • PEP dispensing conditions:
    • Pharmacists may dispense a 7-day starter pack of PEP when ordered by a physician or NP under the new rules.
    • The dispensing process includes patient education and referral to appropriate care as needed.
  • Effective date:
    • The act takes effect 180 days after becoming law.
    • Immediate authority for rulemaking actions necessary to implement the act (upon becoming law) is allowed.

Who is affected

  • Licensed pharmacists: Authorized to dispense HIV PrEP and PEP under specified orders and regulatory conditions; required to complete DOH training for PrEP dispensing.
  • Physicians and Nurse Practitioners: May issue patient-specific or non-patient-specific orders to pharmacists for PrEP and PEP dispensing.
  • Patients at risk of HIV or seeking HIV prevention: Potentially increased access to PrEP/PEP through local pharmacies; must meet testing and safety requirements.
  • Department of Health and Department of Education: Responsible for developing training, guidelines, and regulations to implement the program.

Procedural and timeline considerations

  • Regulation development:
    • Regulations to be promulgated by the NYS Commissioner of Education in consultation with the Commissioner of Health.
  • Training and implementation:
    • Pharmacists must complete the DOH training program before dispensing PrEP.
  • Testing and clearance:
    • PrEP dispensing requires a recent negative HIV test (within 7 days) or clinician-guided testing if not provided.
  • Safety and performance monitoring:
    • The bill imposes usage limits (e.g., max 60 days of PrEP per patient every two years unless directed by a prescriber) and requires risk/side effect information be provided.
  • Sunset and modernization:
    • No sunset provision is specified; changes would rely on future regulations and legislative action for updates.

Potential impact (summary)

  • Access: Likely increase in access to PrEP/PEP through community pharmacies, reducing barriers related to clinic access and appointment wait times.
  • Safety: Establishes training and patient safety requirements, including HIV testing, counseling, and referral to ongoing care.
  • Public health: Could enhance HIV prevention efforts by expanding prophylaxis availability and ensuring proper use and follow-up.
  • Costs: May shift some costs to patients or insurers; training and regulatory compliance obligations for pharmacists.

If you’d like, I can provide a side-by-side comparison with current law or a one-page briefing for policymakers.

Compiled from official sources — confirm details with the bill’s official record.

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