N.J.S.A. 45:14-67.13 — HIV preexposure prophylaxis, HIV postexposure prophylaxis without individual prescription.

45:14-67.13 HIV preexposure prophylaxis, HIV postexposure prophylaxis without individual prescription. 2. a. Notwithstanding any other provision of law to the contrary, a pharmacist may initiate and furnish HIV preexposure prophylaxis or HIV postexposure prophylaxis to a patient without an individual prescription pursuant to a standing order issued to the pharmacist by the Commissioner of Health or, if the commissioner is not a duly licensed physician, the Deputy Commissioner for Public Health Services. A standing order shall be issued to a pharmacist upon request, provided that the pharmacist satisfies the training requirements set forth in subsection b. of this section and certifies that the pharmacist will adhere to the requirements set forth in subsection c. of this section concerning the protocols for initiating and furnishing HIV preexposure prophylaxis and the requirements set forth in subsection d. of this section concerning the protocols for initiating and furnishing HIV postexposure prophylaxis to patients without an individual prescription. In no case shall a patient be authorized to waive the consultation required pursuant to subsection c. or subsection d. of this section. b. A pharmacist shall not be authorized to furnish HIV preexposure prophylaxis or HIV postexposure prophylaxis to a patient without an individual prescription unless the pharmacist completes a training program, provided by the Department of Health or approved by the Department of Health, concerning the use of HIV preexposure prophylaxis and HIV postexposure prophylaxis. At a minimum, the training program shall include information about financial assistance programs available to patients to assist with the costs of HIV preexposure prophylaxis and HIV postexposure prophylaxis. c. A pharmacist shall furnish at least a 30-day supply, and up to a 90-day supply, of HIV preexposure prophylaxis to a patient without an individual prescription if the following requirements are met: (1) The patient is HIV-negative, as documented by a negative HIV test result obtained within the previous seven days from an HIV antigen/antibody test or antibody-only test or from a rapid, point-of-care fingerstick blood test approved by the federal Food and Drug Administration. If the patient does not provide evidence of a negative HIV test in accordance with this paragraph, the pharmacist shall administer an HIV test waived under the federal "Clinical Laboratory Improvement Amendments of 1988 (CLIA)," Pub. L. 100-578 (42 U.S.C. s.263a) or order an HIV test. If the test results are not ordered directly by the pharmacist, the pharmacist shall verify the test results to the pharmacist�s satisfaction. If the patient tests positive for HIV infection, the pharmacist or person administering the test shall direct the patient to a primary care provider, provide the patient with information and resources concerning treatment providers and HIV treatment clinics in the region, and take all other actions required under State and federal law in response to a positive test for HIV; (2) The patient does not report any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms; (3) The patient does not report taking any contraindicated medications, and the pharmacist reviews, to the extent possible, the patient�s prescription monitoring information to confirm no contraindicated prescriptions have been issued or dispensed by the treating pharmacist or the pharmacy affiliated with the treating pharmacist to the patient in the past six months; (4) The patient has not been furnished with HIV preexposure prophylaxis without an individual prescription within the past two years based on the information provided by the patient to the pharmacist or the information available in the patient�s records; (5) The pharmacist provides counseling to the patient on the ongoing use of HIV preexposure prophylaxis, which may include education about side effects, safety during pregnancy and breastfeeding, adherence to recommended dosing, and the importance of timely testing and treatment, as applicable, for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of child-bearing capacity. The pharmacist shall notify the patient that the patient will not be eligible to continue receiving HIV preexposure prophylaxis unless the patient is seen by a primary care provider and issued a prescription for the HIV preexposure prophylaxis and that the patient may be furnished with no more than a 90-day supply of HIV preexposure prophylaxis by a pharmacist without an individual prescription within any given two year period; (6) The pharmacist documents, to the extent possible, the services provided by the pharmacist in the patient�s record in the record system maintained by the pharmacy and includes the dispensation of the HIV preexposure prophylaxis in the prescription monitoring database established pursuant to P.L.2007, c.244 (C.45:1-45 et al.) with a note indicating the HIV preexposure prophylaxis was provided without an individual prescription pursuant to this section; and (7) The pharmacist notifies the patient�s primary care provider that the pharmacist furnished the patient with HIV preexposure prophylaxis pursuant to this section. If the patient does not have a primary care provider, or refuses to consent to the pharmacist providing notice to the primary care provider pursuant to this paragraph, the pharmacist shall provide the patient with a list of physicians and surgeons, clinics, or other health care service providers to contact regarding ongoing care for HIV preexposure prophylaxis. The Department of Health shall publish and maintain a current list of providers for pharmacists to use for the purposes of this paragraph, which list may be made available on the department�s Internet website. d. A pharmacist shall furnish a complete course of HIV postexposure prophylaxis to a patient without an individual prescription if the following requirements are met: (1) The pharmacist confirms with the patient that the exposure to HIV occurred within the previous 72 hours and the patient otherwise meets the clinical criteria for HIV postexposure prophylaxis consistent with the standard of care outlined in the CDC PEP guidelines or any subsequent guidelines; (2) The pharmacist provides HIV testing that is classified as waived under the federal �Clinical Laboratory Improvement Amendments of 1988,� 42 U.S.C. s.263a, or determines the patient is willing to undergo HIV testing consistent with the CDC PEP guidelines or any subsequent guidelines; (3) The pharmacist provides counseling to the patient on the use of HIV postexposure prophylaxis consistent with the standard of care outlined in the CDC PEP guidelines or any subsequent guidelines, which may include education about side effects, safety during pregnancy and breastfeeding, adherence to recommended dosing, and the importance of timely testing and treatment, as applicable, for HIV and sexually transmitted diseases. The pharmacist shall additionally inform the patient of the availability of HIV preexposure prophylaxis for persons who are at substantial risk of acquiring HIV; and (4) The pharmacist notifies the patient�s primary care provider that the pharmacist provided the patient with a complete course of HIV postexposure prophylaxis. If the patient does not have a primary care provider, or refuses to consent to the pharmacist providing notice to the primary care provider pursuant to this paragraph, the pharmacist shall provide the patient with a list of physicians and surgeons, clinics, or other health care service providers to contact regarding follow-up care for HIV postexposure prophylaxis or an Internet web link to this information that the Department of Health shall publish on the department�s Internet website and maintain for pharmacists to use for the purposes of this paragraph. e. (1) A pharmacist ordering or providing HIV preexposure prophylaxis or HIV postexposure prophylaxis under this section shall be required to do so according to the same standards of care required under the CDC PEP guidelines or the CDC PrEP guidelines, as applicable, for a physician or other health care professional ordering or providing the identical service. (2) In the event that the CDC PEP guidelines or the CDC PrEP guidelines are unavailable, the Department of Health shall implement a process for establishing guidelines for pharmacists to order or provide HIV preexposure prophylaxis or HIV postexposure prophylaxis under this section in accordance to the same standards of care, as applicable, for a physician or other health care professional ordering or providing the identical service. f. A licensed pharmacist who, in good faith, tests, furnishes, or provides a patient care related to HIV preexposure prophylaxis and HIV postexposure prophylaxis pursuant to this section and based on information provided by said patient or the patient's legal representative shall not be subject to civil liability, criminal prosecution, disciplinary action, or other adverse action under any professional licensing statute for any injury or damages resulting from reliance on such information. L.2025, c.196, s.2.

This is the verbatim text of N.J.S.A. 45:14-67.13, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.