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HB 2100

Establishing statewide standards governing the use of HIV post-exposure prophylaxis, permitting a pharmacist to initiate such medication to certain patients, providing civil liability protections to pharmacists who initiate prophylactic therapy to patients for post-exposure to human immunodeficiency virus.

2025-2026 Regular Session Introduced by Brandon Woodard

Authorizes Kansas pharmacists to initiate HIV post-exposure prophylaxis under a statewide protocol, with good-faith liability protections to speed access and ensure follow-up.

Died in Committee
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Bill Summary · HB 2100

HB 2100 — Summary (introduced Jan 27, 2025)

At a glance

  • Subject: Allows pharmacists to initiate HIV post‑exposure prophylaxis (PEP) under a statewide protocol and provides liability protections.
  • Jurisdiction: State-level pharmacy law (introduced in Kansas; text titled “An Act concerning pharmacists and pharmacy”).
  • Sponsor (as introduced): Rep. Woodard.
  • Status: Introduced Jan 27, 2025; referred to Committee on Health and Human Services.
  • Key deadline: Board of Pharmacy must adopt implementing rules prior to Jan 1, 2026. Effective upon publication.

Purpose / intent

To expand timely access to HIV post‑exposure prophylaxis by authorizing pharmacists to screen and initiate PEP for people believed to have been exposed to HIV, under a Board of Pharmacy‑issued statewide protocol, while protecting pharmacists acting in good faith from certain legal or disciplinary actions.

Key provisions

  • Definitions:
    • “HIV” = human immunodeficiency virus.
    • “Patient” = individual believed to have been exposed to HIV.
    • “Post‑exposure prophylaxis” = drug or drug combination that meets CDC clinical eligibility recommendations for antiretroviral treatment after HIV exposure.
  • Board of Pharmacy duties:
    • Issue a statewide PEP protocol establishing requirements and procedures for pharmacist‑initiated PEP, including recordkeeping and patient education content.
    • Adopt necessary rules and regulations to implement the section by Jan 1, 2026.
  • Pharmacist authority and obligations:
    • A licensed pharmacist may initiate PEP within the framework of the statewide protocol.
    • Pharmacists must provide required consultation and may not allow patients to waive the consultation.
    • Counseling must cover urgency of administration, safe use, contraindications, side effects/adverse events, and advising patients to seek physician follow‑up.
  • Liability protection:
    • A pharmacist who, in good faith and with reasonable care, initiates PEP under the statute is protected from civil liability, criminal prosecution, and disciplinary or other adverse action by professional licensing entities arising from initiating the PEP.
  • Placement: The section is added to and supplements the state Pharmacy Act.

Who would be affected

  • Patients with potential recent exposure to HIV (faster access to PEP).
  • Licensed pharmacists and pharmacies (expanded scope, new responsibilities for screening, counseling, documentation).
  • State Board of Pharmacy (required to draft protocol, adopt rules, and provide oversight).
  • Physicians and other healthcare providers (may see increased referrals for follow‑up care).

Fiscal impact

  • Fiscal note (Division of the Budget, Feb 3, 2025): The Board of Pharmacy would incur staff time and resource costs for research, legal review, drafting the protocol, inspections, and complaint investigations; however, these costs are expected to be absorbed within existing Board resources.

Potential benefits and considerations

  • Benefits: Quicker access to PEP can reduce the risk of HIV seroconversion after exposure; expands timely care options, especially where clinicians are not immediately available.
  • Considerations: Implementation requires clear protocols, training and oversight to ensure safe screening and appropriate follow‑up. The civil‑liability shield is conditioned on “good faith” and “reasonable care,” which may require clarification in practice and rules.

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

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