§1218.2. Administration and treatment for human immunodeficiency virus
A. For the purposes of this Section, the following terms have the meaning ascribed
to them:
(1)"Department" means the Louisiana Department of Health.
(2)"Human immunodeficiency virus", hereinafter referred to as "HIV", means a
virus that attacks the body's immune system which, if not treated, can develop into acquired
immunodeficiency syndrome.
(3)"Post-exposure prophylaxis" means an emergency regimen comprising highly
active antiretroviral therapy with baseline and follow-up HIV testing, which should be used
within a certain amount of time after potential exposure.
(4)"Pre-exposure prophylaxis" means a prophylactic regimen that includes
medication, regular counseling, and regular screening.
B.
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§1218.2. Administration and treatment for human immunodeficiency virus
A. For the purposes of this Section, the following terms have the meaning ascribed
to them:
(1) "Department" means the Louisiana Department of Health.
(2) "Human immunodeficiency virus", hereinafter referred to as "HIV", means a
virus that attacks the body's immune system which, if not treated, can develop into acquired
immunodeficiency syndrome.
(3) "Post-exposure prophylaxis" means an emergency regimen comprising highly
active antiretroviral therapy with baseline and follow-up HIV testing, which should be used
within a certain amount of time after potential exposure.
(4) "Pre-exposure prophylaxis" means a prophylactic regimen that includes
medication, regular counseling, and regular screening.
B.(1) A pharmacist may dispense and administer up to a thirty-day supply of HIV
pre-exposure prophylaxis and a twenty-eight-day course of HIV post-exposure prophylaxis
to any person age seventeen or older pursuant to rules promulgated by the department if there
is no prescription drug order.
(2) A pharmacist may perform a rapid HIV test at the pharmacy in a private, secured
location or may order laboratory testing for HIV infection for any person age seventeen or
older pursuant to rules promulgated by the department.
(3) A pharmacist shall administer any tests performed pursuant to this Section in a
private location within the pharmacy and shall ensure patient confidentiality, including
storing all records and documents regarding a patient's test results for HIV in a secured
location that is not easily accessible by other employees in the pharmacy.
C.(1) The department shall promulgate rules in accordance with the Administrative
Procedure Act to implement the provisions of this Section.
(2) The department shall consult with an expert panel to advise the department in
promulgating administrative rules to implement the provisions of this Section. The
administrative rules shall be promulgated by March of 2025.
(a) The expert panel shall integrate and coordinate expertise relative but not limited
to testing, referrals, prescribing, and reimbursement for HIV pre-exposure prophylaxis and
HIV post-exposure prophylaxis.
(b) The expert panel shall be composed of the following members who shall serve
without compensation:
(i) A representative from the Louisiana Department of Health, bureau of infectious
diseases.
(ii) An infectious disease physician to be selected by the department.
(iii) A primary care physician who has experience managing patients who utilize
HIV medications to be selected by the department.
(iv) Two pharmacists to be selected by the department.
(v) A representative from the Louisiana Board of Pharmacy.
(vi) A representative from the Louisiana State Board of Medical Examiners.
(3) The rules promulgated by the department shall include requirements relating to
the testing, screening, and treatment of patients. At a minimum, the rules shall require the
pharmacist to do all of the following:
(a) Complete a training program approved by the department on the use of HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis prior to exercising the authority
provided for in this Section. The training shall include but not be limited to all of the
following:
(i) Financial assistance programs for HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis.
(ii) Strategies to access state and federal resources to provide the same level of care
for patients regardless of insurance coverage status.
(b) Document a focused assessment of the patient following best practices and
guidelines for preventing HIV.
(c) Document steps to obtain consent, order, process, evaluate, interpret, and discuss
results with patients of any HIV laboratory tests authorized in the rules promulgated by the
department.
(d) Identify the nature and obligations for successful HIV pre-exposure prophylaxis
or HIV post-exposure prophylaxis, as required by the patient, and the importance of timely
testing for HIV and related complications and comorbid conditions.
(4) The rules promulgated by the department shall include procedures for the timely
notification of the patient's primary care provider of the services provided or, when a patient
does not have a primary care provider, documentation of a good faith effort to refer the
patient to a primary care provider.
D. A pharmacist authorized to provide a service relative to HIV pre-exposure and
post-exposure prophylaxis shall be reimbursed at the same rate as any other participating
healthcare provider providing such service in accordance with the patient's health coverage
plan.
E. This Section shall not be construed to require a health coverage plan or a
third-party administrator or pharmacy benefit manager to reimburse a pharmacist or
pharmacy as an in-network or a preferred provider.
F. The provisions of this Section may apply to coverage under a group or individual
health coverage plan provided to a resident of this state regardless of whether the health
coverage plan policy, contract, or other agreement is delivered, issued for delivery, or
renewed in this state.