Establishing statewide standards governing the use of HIV post-exposure prophylaxis, permitting a pharmacist to initiate such medication to certain patients, providing civil liability protections to pharmacists who initiate prophylactic therapy to patients for post-exposure to human immunodeficiency virus.

Session of 2025
HOUSE BILL No. 2100
By Representative Woodard
1-27
AN ACT concerning pharmacists and pharmacy; relating to HIV post-
exposure prophylaxis; requiring the state board of pharmacy to issue
protocol for pharmacists to dispense post-exposure prophylaxis to
certain individuals.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) As used in this section:
(1) "HIV" means the human immunodeficiency virus.
(2) "Patient" means an individual believed to have been exposed to
HIV .
(3) "Post-exposure prophylasis" means a drug or drug combination
that meets the clinical eligibility recommendations of the United States
centers for disease control and prevention guidelines for antiretroviral
treatment following exposure to HIV .
(b) (1) The state board of pharmacy shall issue a statewide post-
exposure prophylaxis protocol for individuals who have been exposed to
HIV that establishes requirements for a licensed pharmacist to initiate
prophylactic therapy to a patient pursuant to this section. The protocol for
post-exposure to HIV shall include procedures to ensure accurate
recordkeeping and the education of the patient to whom post-exposure
prophylaxis is initiated, including, but not limited to, the importance of
receiving post-exposure prophylaxis as soon as possible after exposure,
safe administration of post-exposure prophylaxis and potential
contraindications, side effects or adverse events that may occur as a result
of such medication, advising the patient to whom post-exposure
prophylaxis is initiated to seek follow-up care from a physician and any
other criteria as established by the board.
(2) A pharmacist may initiate prophylactic therapy within the
framework of the statewide protocol for post-exposure to HIV pursuant to
paragraph (1).
(c) A pharmacist initiating post-exposure prophylaxis pursuant to this
section shall not permit the patient to whom post-exposure prophylaxis is
initiated to wave any consultation required by this section or any other
rules and regulations adopted thereunder.
(d) Any pharmacist who, in good faith and with reasonable care,
initiates post-exposure prophylactic therapy to a patient pursuant to this
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section shall not, by an act or omission, be subject to civil liability,
criminal prosecution or any disciplinary or other adverse action by a
professional licensing entity arising from the pharmacist initiating the
post-exposure prophylaxis.
(e) The state board of pharmacy shall adopt rules and regulations as
may be necessary to implement the provisions of this section prior to
January 1, 2026.
(f) This section shall be a part of and supplemental to the pharmacy
act of the state of Kansas.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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