Effective - 28 Aug 2021
338.730. HIV postexposure prophylaxis, dispensing of, requirements — definitions — rulemaking authority. — 1. Notwithstanding any other law to the contrary, a pharmacist may dispense HIV postexposure prophylaxis in accordance with this section. Such prophylaxis shall be dispensed only if the pharmacist follows a written protocol authorized by a licensed physician.
2. For purposes of this section, "postexposure prophylaxis" shall mean any drug approved by the Food and Drug Administration that meets the same clinical eligibility recommendations provided in CDC guidelines.
3. For purposes of this section, "CDC guidelines" shall mean the current HIV guidelines published by the federal Centers for Disease Control and Prevention.
4. The state board of registration for the healing arts and the state board of pharmacy shall jointly promulgate rules and regulations for the administration of this section. Neither board shall separately promulgate rules governing a pharmacist's authority to dispense HIV postexposure prophylaxis under this section.
5. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2021, shall be invalid and void.
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(L. 2021 H.B. 273 merged with H.B. 476)