SB195: SB195 Pharmacies; pharmacists are authorized to dispense preexposure prophylaxis and postexposure prophylaxis under certain conditions; provide

Currently, HIV prevention medications like PrEP (taken before potential exposure) and PEP (taken after potential exposure) generally require a doctor's prescription. This bill would let Georgia pharmacists dispense and, in some cases, administer these drugs directly to patients, working under written agreements with physicians called PEP or PrEP protocol agreements. Before doing so, pharmacists must complete a state-approved training program (in place by January 1, 2027) covering pharmacology, contraindications, financial assistance programs, and CDC guidelines. For PrEP, patients must show a recent negative HIV test or get tested on the spot; for PEP, patients must meet CDC clinical criteria. Pharmacists must notify the patient's primary care provider or give them a list of other providers. The bill also sets detailed requirements for administering long-acting injectable versions, including liability insurance, documentation, and privacy standards, and creates fines and other penalties up to $5,000 for pharmacists who violate these rules.

• Authorizes pharmacists to dispense a 30 to 90 day supply of PrEP or a 30 day supply of PEP, or administer long-acting injectable versions, without needing a new prescription each time.
• Requires pharmacists to complete an accredited training program on PrEP and PEP, approved by the State Board of Pharmacy no later than January 1, 2027, before dispensing these drugs.
• Requires pharmacists to confirm a patient is HIV negative through a recent test (or order one themselves) before dispensing PrEP, and to screen patients against CDC criteria before dispensing PEP.
• Creates detailed rules for 'PEP or PrEP protocol agreements' between physicians and pharmacists, including insurance requirements, biennial renewal, and limits on how many pharmacists one physician can work with.
• Sets fines up to $5,000 and possible bans on administering these drugs for pharmacists who violate documentation, insurance, or notification requirements.
• Protects physicians who properly enter these agreements from criminal or civil liability for a pharmacist's actions under the agreement.

Licensed pharmacists and pharmacy interns and technicians in Georgia, physicians who enter into protocol agreements with them, patients seeking HIV prevention medication, the State Board of Pharmacy, the Department of Public Health, and hospitals or clinics that already provide similar services in-house.

Georgians seeking HIV prevention drugs could get them from a pharmacist without first visiting a doctor, potentially making access faster and easier, especially after a possible exposure when timing matters. Pharmacists take on new legal responsibilities, training requirements, and possible fines, while physicians gain a way to delegate this care with legal protection.

• New Code Section 26-4-120 authorizes pharmacists to issue PEP or PrEP orders and dispense or administer these drugs under a protocol agreement with a physician.
• Subsection (c) requires pharmacists to complete an accredited training program covering pharmacology, contraindications, financial assistance, and CDC guidelines, approved by January 1, 2027.
• Subsection (d) sets conditions for dispensing PrEP, including a negative HIV test within seven days (or an on-site CLIA-waived test) and notification of the patient's primary care provider.
• Subsection (e) sets conditions for dispensing PEP, including screening against CDC clinical criteria and provider notification.
• New Code Section 43-34-26.2 establishes detailed rules for physician-pharmacist protocol agreements covering long-acting injectables, including liability insurance of at least $250,000, biennial renewal, and a 15-minute post-administration observation period.
• Subsection (g) limits a physician to protocol agreements with no more than ten pharmacists at one time.
• Subsection (h) makes it illegal for a physician employed by a pharmacist or pharmacy to enter into a protocol agreement with that same pharmacist.
• Subsection (n) sets fines ranging from $500 to $5,000 and possible bans on administering these drugs for various compliance failures.

1. 2026-05-05Effective Date 2026-07-01
2. 2026-05-05Act 409
3. 2026-05-05Senate Date Signed by Governor (Senate)
4. 2026-04-10Senate Sent to Governor (Senate)
5. 2026-03-25Senate Agreed House Amend or Sub (Senate)
6. 2026-02-12House Passed/Adopted By Substitute (House)
7. 2026-02-12House Third Readers (House)
8. 2026-01-29House Committee Favorably Reported By Substitute (House)

• Chuck Hufstetler (R, SD-052)Primary sponsor
• Kay Kirkpatrick (R, SD-032)
• Ben Watson (R, SD-001)
• Elena Parent (D, SD-044)
• Nan Orrock (D, SD-036)
• Mark Newton (R, HD-127)

1. PassedSenate voteMarch 3, 2025

   55 yea, 0 nay (0 not voting, 1 absent)

   Passage As Amended: Senate Vote #132

2. PassedHouse voteFebruary 12, 2026

   153 yea, 7 nay (5 not voting, 10 absent)

   Passage: House Vote #511

3. PassedSenate voteMarch 25, 2026

   45 yea, 0 nay (4 not voting, 5 absent)

   Agree To House Substitute: Senate Vote #819

• HIV prevention
• pharmacy regulation
• PrEP access
• medical practice law
• public health