BILL NUMBER: S10467
SPONSOR: BOTTCHER
 
TITLE OF BILL:
An act to amend the education law, in relation to authorizing pharma-
cists to dispense HIV pre-exposure and post-exposure prophylaxis
 
PURPOSE OR GENERAL IDEA OF BILL::
This legislation would facilitate greater access to HIV-preventive medi-
cation, called PrEP, by allowing pharmacists to dispense the medication
via a standing order.
 
SUMMARY OF PROVISIONS::
Sections one and two of the bill allow physicians and nurse practition-
ers to issue a non-patient specific standing order for PrEP.
Section 3 amends Section 6801 of the education law to allow pharmacists
to executive a non-patient specific standing order for PrEP, subject to
the following conditions:
1. The pharmacist must complete a training program created by NYS DOH on
the use of PrEP;
2. The patient is HIV negative, as documented by a negative HIV test
obtained within the previous 7 days;
3. The patient does not self-report having any HIV symptoms;
4. The patient does not report taking medications that conflict with
PrEP;
5. The pharmacist has not furnished more than a 60-day supply more often
than once every two years;
6. The pharmacist provides the patient with information, published by
NYS DOH, advising the patient on proper use, safety, and testing; and
7. The pharmacist provides a list of local doctors and/or clinics to
patients who do not have a regular doctor.
Section 4 sets forth the effective date. The act takes effect 180 days
after becoming law, and allows the commissioner to created necessary
regulations immediately.
 
JUSTIFICATION::
While much progress has been made in the fight against HIV and AIDS,
there is still a need for new tools and greater access to life-saving
medication. In 2018, our state saw 2,481 New Yorkers newly diagnosed
with HIV+. This number calls for new policies that target high-risk
populations with high bathers to preventive treatments. Pre-exposure
prophylaxis, or PrEP, is currently on the market under the brand name
"Truvada" as a long-term daily pill that is highly effective at prevent-
ing new transmissions of HIV. This legislation would allow pharmacists
to dispense the medication before a patient receives a doctor's
prescription for a maximum of 60 days. This tool will allow people to
access PrEP even if they don't have a regular doctor, are waiting for an
appointment, have just moved to a new place or have just become sexually
active.
PrEP has been used for well over a decade as a successful medication in
preventing new HIV transmissions. With this legislation, New York will
expand access to more residents, which will help further reduce
infections. Many people at high-risk of HIV are unlikely to have a regu-
lar doctor, and may not know how to access this medication. By reducing
a bather to the medication, we can increase the number of people using
the medication, and reduce infections.
 
PRIOR LEGISLATIVE HISTORY::
S7435 of 2025 introduced by then-Senator Hoylman-Sigal
S.3297 of 2023-2024 (Hoylman-Sigal): Died in Higher Education
A.5995 of 2023-2024 (Barrett): Died in Higher Education
S.0728 of 2021-2022 (Hoylman): Died in Higher Education
A.2198 of 2021-2022 (Barrett): Died in Higher Education
S.7704-A of 2020 (Hoylman): Died in Higher Education
A.9013-A of 2020 (Barrett): Died in Higher Education
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
None.
 
EFFECTIVE DATE::
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, the amendments to section
6801 of the education law made by section three of this act shall not
affect the expiration of such section and shall be deemed to expire
therewith. Effective immediately, the commissioner of education is
authorized to promulgate any and all rules and regulations and take any
other measures necessary to implement this act on or before such effec-
tive date.

Statutes affected:
S10467: 6527 education law, 6527(7-a) education law, 6909 education law, 6909(8) education law, 6801 education law, 6801(5) education law