Delaware 152nd General Assembly (2023-2024) Status: Enacted 8 D cosponsors

SB 194 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PRACTICE OF PHARMACY.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 26, 2023. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    12 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act allows pharmacists, under protocol approved by the Division of Public Health, to provide HIV pre-exposure and post-exposure prophylaxis treatments.

Bill Text

What changed in the latest version

118 added · 24 removed

118 line(s) added, 24 removed.

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Previous
Latest
McBride DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.
McBride & Rep.
1 TO SENATE BILL NO.
Harris & Rep.
194 AMEND Senate Bill No.
Morrison & Rep.
194 on line 42 by deleting “of the” as it appears therein and inserting in lieu thereof “prior to”.
Dorsey Walker & Rep.
FURTHER AMEND Senate Bill No.
K.
194 by deleting lines 54 through 58 in their entirety and inserting in lieu thereof the following:
Johnson Sens.
“previous 7 days from a test approved by the U.S.
Hoffner, Huxtable, Pinkney, Sokola, Sturgeon, Townsend;
Food and Drug Administration.”.
Rep.
FURTHER AMEND Senate Bill No.
Baumbach DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE BILL NO.
194 by deleting line 78 in its entirety and inserting in lieu thereof the following:
194 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PRACTICE OF PHARMACY.
“pharmacist shall do the following and document in the patient’s record which of the following was done:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Chapter 25, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underlines as follows and by redesignating accordingly:
§ 2502.
Definitions.
For purposes of this chapter:
(21) “Practice of pharmacy” means the interpreting, evaluating, and dispensing of a practitioner’s or prescriber’s order.
The “practice of pharmacy” includes the proper compounding, labeling, packaging, and dispensing of a drug to a patient or the patient’s agent, and administering a drug to a patient.
The “practice of pharmacy” includes the application of the pharmacist’s knowledge of pharmaceutics, pharmacology, pharmacokinetics, drug and food interactions, drug product selection, and patient counseling.
The “practice of pharmacy” also includes all of the following:
If the patient has a primary care provider, send the result of the test to the patient’s primary care provider after obtaining written permission from the patient to do so.
Participation in drug utilization and/or drug regimen reviews.
If the patient does not give written permission under paragraph (3)a.
Participation in therapeutic drug selection, substitution of therapeutically equivalent drug products.
of this subsection or if the patient does not have a primary care provider, provide a list of providers and clinics in the region that provide care for patients with HIV.”.
c.
SYNOPSIS This Amendment does the following:
Advising practitioners and other health-care professionals, as well as patients, regarding the total scope of drug therapy, so as to deliver the best care possible.
d.
Monitoring drug therapy.
e.
Performing and interpreting capillary blood tests to screen and monitor disease risk factors or facilitate patient education, the results of which must be reported to the patient’s health-care practitioner;
screening results to be reported only if outside normal limits.
f.
Conducting or managing a pharmacy or other business establishment where drugs are compounded or dispensed.
g.
[Repealed.] h.
Administration of injectable medications, biologicals and adult immunizations pursuant to a valid prescription or physician-approved protocol approved by a physician duly licensed in the State under subchapter SD :
AVP :
ALW Page 1 of 4 Released:
06/26/2023 02:04 PM III of Chapter 17 of this title.
Pharmacists shall request which physician or physicians and notify the physician or physicians as designated by the patient of such administration within 72 hours.
The notice shall include the patient’s name, the name of the immunizations, inoculations or vaccinations administered, and the date of administration and may be submitted by phone, fax, post or electronically.
Upon request a copy of the protocol will be made available to the designated physician or physicians without costs.
Show all 124 changed rows (84 more)
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i.
Dispensing contraceptives or dispensing and administering injectable hormonal contraceptives under Chapter 30O of Title 16.
j.
Ordering, performing, and interpreting tests authorized by the Food and Drug Administration, and waived under the federal Clinical Laboratory Improvement Amendments of 1988 [42 U.S.C.
§ 263a].
k.
Initiating drug therapy for health conditions in accordance with § 2525 of this title.
l.
Initiating, dispensing, or administering medications for human immunodeficiency virus (HIV) pre- exposure prophylaxis and HIV post-exposure prophylaxis under § 2525A of this title, which includes administering laboratory tests, conducting assessments and consultations, and providing referrals.
§2525A.
Human immunodeficiency virus (HIV) pre-exposure prophylaxis and HIV post-exposure prophylaxis.
(a) Pursuant to a statewide written protocol approved by the Division of Public Health, a pharmacist may initiate, dispense, or administer medications for HIV pre-exposure prophylaxes and for HIV post-exposure prophylaxis, which includes administering laboratory tests, conducting assessments and consultations, and providing referrals, (b) When initiating therapy for and administering or dispensing HIV pre-exposure prophylaxis or HIV post- exposure prophylaxis under a statewide protocol, a pharmacist must complete a training program approved by the Board within 1 year of the first time initiating therapy and administering or dispensing HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis.
The training program must include information about all of the following:
(1) Financial assistance programs for HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis.
(2) Relevant federal guidelines regarding HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis.
(c) When initiating therapy for and administering or dispensing HIV pre-exposure prophylaxis or HIV post- exposure prophylaxis to a new patient, a pharmacist may not allow the patient to waive consultation for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis.
(d) HIV pre-exposure prophylaxis.
(1) Under a statewide protocol, a pharmacist may dispense between a 30-day and 60-day supply of HIV pre-exposure prophylaxis if the all of the following apply:
SD :
AVP :
ALW Page 2 of 4 Released:
06/26/2023 02:04 PM a.
The patient is HIV-negative as documented by a negative HIV test result obtained within the previous 7 days from one of the following:
It clarifies the requirement for training required prior to the first time a pharmacist initiates therapy under this Act.
An HIV antigen/antibody test.
It changes the language for the type of negative test required to make it a test that is approved by the U.S.
An HIV antibody-only test.
FDA.
It clarifies the requirements for action to be taken if a patient tests positive and adds the requirement, if approved by the patient, to send the test results to a primary care provider if the patient has one.
A rapid, point-of-care fingerstick blood test approved by the U.S.
Food and Drug Administration.
b.
The patient does not report any of the following:
1.
Any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms.
2.
Usage of any contraindicated medication.
c.
The pharmacist provides counseling to the patient on the ongoing use of HIV pre-exposure prophylaxis, which must include education about all of the following:
1.
Side effects.
2.
Safety during pregnancy and breastfeeding.
3.
Adherence to recommended dosing.
4.
The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sextually transmitted infections, and pregnancy for individuals of childbearing capacity.
5.
The requirement for subsequent prescriptions for HIV pre-exposure prophylaxis issued by a primary care provider.
d.
To the extent possible, the pharmacist documents the services provided by the pharmacist in the patient record system shared with the primary care provider.
(2) If the test results from a test under paragraph (1)a.
of this subsection are not sent directly to the pharmacist, the pharmacist must verify the test results.
(3) If the patient tests positive for HIV infection from a test under paragraph (1)a.
of this subsection, the pharmacist shall direct the primary care provider and provide a list of providers and clinics in the region.
(4) If the patient does not provide evidence of a negative HIV test under paragraph (1)a.
of this subsection, the pharmacist shall initiate and administer an HIV test and interpret the test results prior to initiating any treatment under this subsection.
(e) HIV post-exposure prophylaxis.
SD :
AVP :
ALW Page 3 of 4 Released:
06/26/2023 02:04 PM 83 (1) Under a statewide protocol, a pharmacist may dispense a course of HIV post-exposure prophylaxis if the pharmacist does all of the following:
a.
Screens the patient and determines that the exposure to HIV occurred within the previous 72 hours.
b.
Provides HIV testing or determines that the patient is one of the following:
1.
Willing to undergo HIV testing consistent with federal guidelines.
2.
Unwilling to undergo HIV testing but otherwise eligible for HIV post-exposure prophylaxis.
c.
Provides counseling to the patient on the ongoing use of HIV post-exposure prophylaxis, which must include education about all of the following:
1.
Side effects.
2.
Safety during pregnancy and breastfeeding.
3.
Adherence to recommended dosing.
4.
The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted infections, and pregnancy for individuals of childbearing capacity.
5.
The availability of HIV pre-exposure prophylaxis for a person who is at a substantial risk of acquiring HIV.
d.
To the extent possible, documents the services provided by the pharmacist in the patient record system shared with the primary care provider.
SYNOPSIS This Act allows pharmacists, under protocol approved by the Division of Public Health, to provide HIV pre- exposure and post-exposure prophylaxis treatments.
ALW Page 1 of 1 Released:
ALW Page 4 of 4 Released:
03/28/2024 01:47 PM 2711520127
06/26/2023 02:04 PM 2711520049
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Action History

  1. Signed by Governor

  2. Passed By House. Votes: 39 YES 1 NO 1 ABSENT

  3. Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 4 Favorable

  4. Not Worked in Committee

  5. Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

  6. Passed By Senate. Votes: 16 YES 5 NO

  7. Amendment SA 1 to SB 194 - Passed By Senate. Votes: 20 YES 1 ABSENT

  8. Amendment SA 1 to SB 194 - Introduced and Placed With Bill

  9. Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 2 On Its Merits

  10. Introduced and Assigned to Health & Social Services Committee in Senate

Sponsors

Sponsorship breakdown

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12 sponsors · 0 co-sponsors · 50 not signed on · 6 voted No

Sponsors (12)

Co-sponsors (0)

None.

Not signed on (50)

50 members have not signed on to this bill.

Show all 50 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 39 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 20000
Republican 13100
Total 39101
% of votes cast 95%2%0%2%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Sean Matthews — Not Voting
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

SM

Passed 16 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 1500
Unaffiliated 2000
Total 16500
% of votes cast 76%24%0%0%
How each member voted (21)
Member Party Vote
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
David L. Wilson Republican Nay
Eric Buckson Republican Yea
Gerald W. Hocker Republican Nay

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does SB 194 do?
This Act allows pharmacists, under protocol approved by the Division of Public Health, to provide HIV pre-exposure and post-exposure prophylaxis treatments.
Who sponsors SB 194?
SB 194 is sponsored by Bryan Townsend (Democratic), Laura V. Sturgeon (Democratic), David P. Sokola (Democratic), Marie Pinkney (Democratic), Russell Huxtable (Democratic), Kendra Johnson (Democratic), Eric Morrison (Democratic), Kerri Evelyn Harris (Democratic), Sarah McBride, Peter C. Schwartzkopf, Paul S. Baumbach, and Sherry Dorsey Walker.
What is the current status of SB 194?
This bill has been enacted into law. Introduced June 26, 2023. Enacted.
Where can I track SB 194?
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