---
title: SB 195. Pharmacies; pharmacists are authorized to dispense preexposure prophylaxis and postexposure prophylaxis under certain conditions; provide
collection: bills
id: 2025-2026/sb195
cite_as: SB 195, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb195
md_url: https://georgiacommons.org/bills/2025-2026/sb195.md
text_url: https://georgiacommons.org/bills/2025-2026/sb195/text
source_url: https://www.legis.ga.gov/legislation/70441
date: 2026-05-05
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/sb194.md
next: https://georgiacommons.org/bills/2025-2026/sb196.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 1413
omitted_url: https://georgiacommons.org/bills/2025-2026/sb195.md?full=1
bill_number: SB 195
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-05-05
last_action: Effective Date 2026-07-01
sponsors:
- Chuck Hufstetler
- Kay Kirkpatrick
- Ben Watson
- Elena Parent
- Nan Orrock
- Mark Newton
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB195/2025
upstream_id: 1974263
summaries_model: claude-sonnet-5
topic_tags:
- HIV prevention
- pharmacy practice
- PrEP and PEP access
- medical licensing
- public health
---
# SB 195. Pharmacies; pharmacists are authorized to dispense preexposure prophylaxis and postexposure prophylaxis under certain conditions; provide
## Text
Senate Bill 195
By: Senators Hufstetler of the 52nd, Kirkpatrick of the 32nd, Watson of the 1st, Parent of the
44th and Orrock of the 36th
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated,
relating to pharmacies, so as to provide that pharmacists are authorized to dispense
preexposure prophylaxis and postexposure prophylaxis under certain conditions; to amend
Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to
medical practice, so as to provide for the approval or development of a training program for
pharmacists by the State Board of Pharmacy; to require pharmacists to complete such
training program before dispensing preexposure prophylaxis or postexposure prophylaxis;
to provide for patient requirements; to provide for limitations and conditions; to provide for
sanctions; to provide for definitions; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to
pharmacies, is amended by adding a new Code section to read as follows:
"26-4-120.
(a) As used in this Code section, the term:
(1) 'CLIA-waived' means a test system which is listed on the federal Food and Drug
Administration's Clinical Laboratory Improvement Assessment program data base with
a complexity rating of 'waived.'
(2) 'Dispense' shall have the same meaning as set forth in paragraph (10) of Code Section
26-4-5.
(3) 'HIV' shall have the same meaning as set forth in paragraph (10) of Code Section
31-22-9.1.
(4) 'HIV test' shall have the same meaning as set forth in paragraph (12) of Code Section
31-22-9.1.
(5) 'Licensed practitioner' means a physician licensed to practice medicine in this state
or an advanced practice registered nurse or physician assistant acting pursuant to
delegated authority by a physician in accordance with Code Section 43-34-23 or 43-34-25
or subsection (e.1) of Code Section 43-34-103.
(6) 'Pharmacist' means an individual licensed under Chapter 4 of Title 26 to engage in
the practice of pharmacy in the State of Georgia, who is located and practicing in the
State of Georgia.
(7) 'Postexposure prophylaxis' means any HIV prevention drug or drug combination
determined by the State Board of Pharmacy to meet the same clinical eligibility
recommendations provided in the federal Centers for Disease Control and Prevention
guidelines for postexposure prophylaxis for the prevention of HIV infection and other
infections.
(8) 'Preexposure prophylaxis' means any HIV prevention drug or drug combination
determined by the State Board of Pharmacy to meet the same clinical eligibility
recommendations provided in the federal Centers for Disease Control and Prevention
guidelines for preexposure prophylaxis for the prevention of HIV infection and other
infections.
(b) Notwithstanding any other law to the contrary, a pharmacist, pursuant to a PEP or PrEP
protocol agreement, is authorized to issue a PEP or PrEP order and to dispense and
administer preexposure prophylaxis and postexposure prophylaxis pursuant to such PEP
or PrEP order in accordance with this Code section and Code Section 43-34-26.2.
(c) Before dispensing or administering preexposure prophylaxis or postexposure
prophylaxis to a patient, a pharmacist shall complete a training program, accredited by the
Accreditation Council for Pharmacy Education or a similar health authority or professional
body and approved by the State Board of Pharmacy, on the use of preexposure prophylaxis
and postexposure prophylaxis. Such training program shall be approved no later than
January 1, 2027. The training program shall include, but is not limited to:
(1) Pharmacology education of preexposure prophylaxis and postexposure prophylaxis;
(2) Preexposure prophylaxis and postexposure prophylaxis and contraindicated
medications;
(3) Financial assistance programs for preexposure prophylaxis and postexposure
prophylaxis; and
(4) Relevant federal guidelines, including those issued by the federal Centers for Disease
Control and Prevention, regarding preexposure prophylaxis and postexposure
prophylaxis.
(d) A pharmacist shall be authorized to dispense at least a 30 day supply and up to a 90
day supply or administer a long-acting injectable of preexposure prophylaxis if:
(1) The patient is HIV negative, as documented by a test result obtained by the patient
within the previous seven days from an HIV antigen/antibody test or antibody-only test
or from a rapid point-of-care fingerstick blood test approved by the federal Food and
Drug Administration; provided, however, that, if the patient does not provide such a test
result, the pharmacist may order and administer a CLIA-waived HIV test. The results of
any such test shall either be sent directly to the pharmacist or verified by the pharmacist
prior to prescribing, dispensing, or administering the drugs;
(2) The patient does not report taking any contraindicated medications;
(3) The pharmacist documents, to the extent possible, the services provided by the
pharmacist in the patient's record in the pharmacy's record system;
(4) The pharmacist dispenses or administers preexposure prophylaxis to a single patient
pursuant to the Centers for Disease Control and Prevention clinical practice guidelines
for preexposure prophylaxis for the prevention of HIV infection or as directed otherwise
by a licensed practitioner;
(5) The pharmacist notifies the patient's primary care provider of any actions taken or
tests conducted under this subsection, or, if the patient does not have a primary care
provider or refuses to consent to the notification of such provider, the pharmacist shall
provide the patient with a list of physicians, clinics, or other healthcare service providers
to contact regarding ongoing care for preexposure prophylaxis; and
(6) The pharmacist is otherwise in compliance with the requirements of Code Section
43-34-26.2.
(e) A pharmacist shall be authorized to dispense or administer a 30 day supply of
postexposure prophylaxis if:
(1) The pharmacist, upon screening the patient, determines the patient meets the clinical
criteria set forth in the Centers for Disease Control and Prevention guidelines for
postexposure prophylaxis; and
(2) The pharmacist notifies the patient's primary care provider of the postexposure
prophylaxis treatment, or, if the patient does not have a primary care provider or refuses
to consent to the notification of such provider, the pharmacist shall provide the patient
with a list of physicians, clinics, or other healthcare service providers to contact regarding
follow-up care for postexposure prophylaxis."
SECTION 2.
Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to
medical practice, is amended by adding a new Code section to read as follows:
"43-34-26.2.
(a) As used in this Code section, the term:
(1) 'Administer' means the provision of a unit dose of a long-acting injectable for PEP
or PrEP by a pharmacist or nurse pursuant to a PEP or PrEP order contained in a PEP or
PrEP protocol agreement with a physician.
(2) 'Adverse event' means an event that is a negative consequence of the administration
of a long-acting injectable for PEP or PrEP that results in an unintended reaction, injury,
or illness, which may or may not have been preventable.
(3) 'PEP' means any HIV prevention drug or drug combination determined by the State
Board of Pharmacy to meet the same clinical eligibility recommendations provided in the
federal Centers for Disease Control and Prevention guidelines for postexposure
prophylaxis for the prevention of HIV infection and other infections.
(4) 'PrEP' means any HIV prevention drug or drug combination determined by the State
Board of Pharmacy to meet the same clinical eligibility recommendations provided in the
federal Centers for Disease Control and Prevention guidelines for preexposure
prophylaxis for the prevention of HIV infection and other infections.
(5) 'PEP or PrEP order' means a prescription drug order, issued by a pharmacist pursuant
to authority delegated by a physician pursuant to a PEP or PrEP protocol agreement, for
a long-acting injectable for PEP or PrEP to patients who meet certain criteria.
(6) 'PEP or PrEP protocol agreement' means a written document mutually agreed upon
and signed by a physician and a pharmacist, by which document the physician delegates
prescriptive authority to the pharmacist to prescribe a long-acting injectable for PEP or
PrEP to patients who meet certain criteria determined by the physician.
(7) 'Pharmacist' means an individual licensed under Chapter 4 of Title 26 to engage in
the practice of pharmacy in the State of Georgia, who is located and practicing in the state
of Georgia.
(8) 'Pharmacy intern' means a pharmacy intern as defined in paragraph (19) of Code
Section 26-4-5.
(9) 'Physician' means an individual licensed to practice medicine and surgery pursuant
to this article and whose principal place of practice is located in this state.
(b) A physician engaged in the active practice of medicine may prescribe a long-acting
injectable for PEP or PrEP for a group of patients via a PEP or PrEP order contained in a
PEP or PrEP protocol agreement to be administered by a pharmacist, provided that the
physician resides in Georgia and the pharmacist holds current certification in Basic Cardiac
Life Support.
(c) A PEP or PrEP protocol agreement between a physician and a pharmacist pursuant to
this Code section shall, without limitation:
(1) Contain the current names, addresses, telephone numbers, and professional license
numbers of the physician and the pharmacist;
(2) Contain a provision for immediate consultation between the pharmacist and the
physician. If the physician is not available, the physician for purposes of consultation
may designate another physician who concurs with the terms of the PEP or PrEP protocol
agreement;
(3) Require the pharmacist to take an appropriate case history and determine whether the
patient has had a physical examination within the past year and shall not administer a
long-acting injectable for PEP or PrEP to a patient with any condition for which such
long-acting injectable for PEP or PrEP is contraindicated;
(4) Require the pharmacist to provide the recipient with the appropriate and current PEP
or PrEP information;
(5) Require the pharmacist to provide written information to the recipient to be
developed by the Department of Public Health on the importance of having and
periodically seeing a primary care physician;
(6) Require the pharmacist or his or her employer to retain documentation of each dose
of PEP or PrEP administered. Such documentation shall include, but not be limited to:
(A) The administering pharmacist's name, address, telephone number, and professional
license number;
(B) The name, dose, manufacturer, and lot number of the long-acting injectable for
PEP or PrEP;
(C) The recipient's name, address, date of birth, and telephone number;
(D) The date of administration and injection site;
(E) A signed and dated consent form by which the recipient consents to the
administration of the long-acting injectable for PEP or PrEP and authorizes the
pharmacy or nurse to notify the recipient's primary care provider of the long-acting
injectable for PEP or PrEP administered to the recipient; and
(F) Any adverse events or complications that occur;
(7) Require the pharmacist to make documented reasonable efforts to obtain the name
of the recipient's primary care provider and to notify such primary care provider of the
long-acting injectable for PEP or PrEP administered by the pharmacist within 72 hours
of administration;
(8) Require the pharmacist to administer the long-acting injectable for PEP or PrEP to
a patient in a private room, area with a privacy screen, or other interior area in which the
patient's privacy can be maintained. In no event shall a pharmacist administer a
long-acting injectable for PEP or PrEP to a patient in a manner that is designed so that
the patient can be served while remaining in his or her personal vehicle;
(9) Require, as a condition of administration of the long-acting injectable for PEP or
PrEP, the recipient to remain under the observation of a pharmacist for a period of not
less than 15 minutes immediately subsequent to the administration of the long-acting
injectable for PEP or PrEP;
(10) Contain procedures to follow up on the occurrence of an adverse event or
complication;
(11) Require the pharmacist to maintain individual liability insurance coverage or be
individually covered by his or her employer's liability insurance coverage in an amount
not less than $250,000.00 to cover claims arising from administration of long-acting
injectables for PEP or PrEP by the pharmacist pursuant to a PEP or PrEP protocol
agreement and to provide proof of such coverage to the physician for submission to the
board with the PEP or PrEP protocol agreement. The pharmacist shall also retain a copy
of the proof of insurance coverage, including the name of the insurer and policy number,
on site at his or her primary location in such form as it may be readily accessible for
inspection by the Georgia Drugs and Narcotics Agency, upon request;
(12) Require the pharmacist to post proof of the PEP or PrEP protocol agreement in a
conspicuous location within the pharmacy or other setting in which the long-acting
injectables for PEP or PrEP are being administered;
(13) Require the pharmacist to submit a signed and notarized affidavit to the physician
for submission to the board with the PEP or PrEP protocol agreement attesting to the
following:
(A) Compliance with paragraph (11) of this subsection regarding maintenance of
liability insurance;
(B) Verification that the pharmacist holds current certification in Basic Cardiac Life
Support as required by subsection (b) of this Code section;
(C) The pharmacist has a copy of the PEP or PrEP protocol agreement and agrees to
comply with its requirements; and
(D) Identification of the pharmacist's location or locations in which he or she will be
administering long-acting injectables for PEP or PrEP pursuant to the PEP or PrEP
protocol agreement.
The pharmacist shall keep a copy of the affidavit on site at his or her primary location for
inspection by the State Board of Pharmacy or agents of the Georgia Drugs and Narcotics
Agency, upon request. The State Board of Pharmacy shall have the authority to impose
sanctions in accordance with subsection (n) of this Code section on any pharmacist
subject to the requirements of this paragraph who does not submit the information
required by this paragraph and to notify the delegating physician and the applicable
licensing board for such person of violations of this paragraph; and
(14) Be renewed and, if necessary, revised or updated biennially by the physician and
the pharmacist. A PEP or PrEP protocol agreement that is not renewed biennially shall
expire.
(d)(1) A pharmacist who is a party to a PEP or PrEP protocol agreement pursuant to this
Code section shall not delegate the administration of a long-acting injectable for PEP or
PrEP to any individual other than:
(A) A pharmacy intern; or
(B) A qualified pharmacy technician in accordance with paragraph (2) of this
subsection,
under the direct supervision of the pharmacist whether or not any such other individual
is under the supervision, direct or otherwise, of the pharmacist.
(2) A pharmacist who is a party to a PEP or PrEP protocol agreement pursuant to this
Code section may authorize one or more qualified pharmacy technicians to administer
long-acting injectables for PEP or PrEP pursuant to Code Section 26-4-52 so long as:
(A) The physician with whom the PEP or PrEP protocol agreement is entered into has
approved such authorization; and
(B) Such authorization is included in the PEP or PrEP protocol agreement between the
physician and pharmacist.
(e) A pharmacist administering long-acting injectables for PEP or PrEP pursuant to a PEP
or PrEP protocol agreement authorized by this Code section shall maintain policies and
procedures for the handling and disposal of used or contaminated equipment and supplies.
(f) Nothing in this Code section shall be construed to authorize a physician to prescribe
any other drugs pursuant to a PEP or PrEP protocol agreement or a PEP or PrEP order
other than those long-acting injectables for PEP or PrEP specifically authorized in such
PEP or PrEP protocol agreement or PEP or PrEP order.
(g) A delegating physician may not enter into a PEP or PrEP protocol agreement with
more than ten pharmacists at any one time.
(h) It shall be unlawful for a physician who is employed by a pharmacist to enter into a
PEP or PrEP protocol agreement or otherwise delegate medical acts to such pharmacist.
It shall be unlawful for a physician who is employed by a pharmacy to enter into a PEP or
PrEP protocol agreement or otherwise delegate medical acts to a pharmacist who is also
employed by such pharmacy.
(i) The board shall have the authority to promulgate rules and regulations governing a
physician who is a party to a PEP or PrEP protocol agreement in order to carry out the
intent and purposes of this Code section. Further, the board shall:
(1) Require that the PEP or PrEP protocol agreement, along with the affidavit by the
pharmacist submitted pursuant to paragraph (13) of subsection (c) of this Code section
and the proof of insurance required pursuant to paragraph (11) of subsection (c) of this
Code section, be filed by the physician with the board and be made available by the board
for public inspection; and
(2) Promulgate by rule an approved standard protocol template that may be utilized as
a PEP or PrEP protocol agreement and make such template available on the board's
website.
(j) Nothing in this Code section shall be construed to require a physician to enter into a
PEP or PrEP protocol agreement. A public or private managed care system, health plan,
hospital, insurance company, or similar entity shall not require a physician, pharmacist, or
nurse to enter into a PEP or PrEP protocol agreement as a condition for participation in or
reimbursement from such entity.
(k) No physician who complies with the provisions of this Code section shall be subject
to criminal or civil liability or discipline for unprofessional conduct for:
(1) Entering into a PEP or PrEP protocol agreement with a pharmacist;
(2) The acts or omissions of a pharmacist to whom prescriptive authority has been
delegated in the issuance of a PEP or PrEP order contained in a PEP or PrEP protocol
agreement with a pharmacist; or
(3) The acts or omissions of a pharmacist pursuant to a PEP or PrEP protocol agreement
including the administration of a long-acting injectable for PEP or PrEP.
Nothing in this subsection shall be interpreted as altering liability of an employer for acts
of his or her employees.
(l) This Code section shall not apply to any activities conducted by a hospital, physician's
office, nursing home, or other healthcare facility designated by the Department of Public
Health or conducted within any other facility or entity owned, operated, or leased by a
hospital.
(m) This Code section shall not be interpreted as limiting the authority of any authorized
person to dispense or administer long-acting injectables for PEP or PrEP.
(n)(1) A pharmacist who fails to comply with paragraph (11) of subsection (c) of this
Code section may be assessed a fine of up to $2,500.00 by the State Board of Pharmacy.
(2) A pharmacist who administers a long-acting injectable for PEP or PrEP without a
PEP or PrEP protocol agreement as required by this Code section may be assessed a fine
of up to $2,500.00 and may be prohibited from administering long-acting injectables for
PEP or PrEP pursuant to this Code section for up to one year as determined by the State
Board of Pharmacy.
(3) A pharmacist who fails to comply with paragraph (5) of subsection (c) of this Code
section may be subject to any or all of the following sanctions by the State Board of
Pharmacy:
(A) The issuance of a written warning;
(B) A fine of up to $500.00; and
(C) Prohibition from administering long-acting injectables for PEP or PrEP pursuant
to this Code section for up to one year.
(4) A pharmacist who fails to comply with paragraph (12) of subsection (c) of this Code
section may be subject to any or all of the following sanctions by the State Board of
Pharmacy:
(A) The issuance of a written warning; and
(B) Prohibition from administering long-acting injectables for PEP or PrEP pursuant
to this Code section for up to six months.
(5) A pharmacist who fails to comply with paragraph (13) of subsection (c) of this Code
section may be subject to any or all of the following sanctions by the State Board of
Pharmacy:
(A) The issuance of a written warning;
(B) A fine of up to $5,000.00; and
(C) Prohibition from administering long-acting injectables for PEP or PrEP pursuant
to this Code section.
(6) The sanctions contained in this subsection shall be supplemental to any other
sanctions or penalties to which a pharmacist may otherwise be subject."
SECTION 3.
Al laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
Senate Bill 195 would let trained Georgia pharmacists dispense HIV prevention medications, known as PrEP and PEP, directly to patients without a doctor's individual prescription, under specific safety and reporting rules.
### Plain-language summary
Currently, patients generally need a prescription from a physician to obtain preexposure prophylaxis (PrEP) or postexposure prophylaxis (PEP), medications that prevent HIV infection before or after potential exposure. This bill changes Georgia pharmacy law (O.C.G.A. Title 26) and medical practice law (O.C.G.A. Title 43) to let pharmacists dispense and administer these drugs themselves, including long-acting injectable versions, once they complete a training program approved by the State Board of Pharmacy by January 1, 2027.
To dispense PrEP, a pharmacist must confirm the patient is HIV negative through a recent test, screen for conflicting medications, document the encounter, and notify the patient's primary care doctor or provide referral information. Injectable versions require a formal written agreement between a delegating physician and the pharmacist, covering insurance, recordkeeping, patient privacy, and follow-up care. The bill sets fines up to $5,000 and possible suspension from administering these drugs for pharmacists who violate specific requirements.
### What it does
- Authorizes pharmacists to dispense or administer PrEP and PEP, HIV prevention drugs, without an individual doctor's prescription for each patient.
- Requires pharmacists to complete a training program approved by the State Board of Pharmacy on these drugs before dispensing them, with approval due by January 1, 2027.
- Sets patient eligibility rules, including a recent HIV negative test result before a pharmacist can dispense PrEP.
- Requires pharmacists to notify a patient's primary care provider or give referral information after dispensing these drugs.
- Creates a formal 'PEP or PrEP protocol agreement' system between physicians and pharmacists for administering long-acting injectable versions, with insurance, documentation, and privacy requirements.
- Establishes fines up to $5,000 and possible suspension from administering these drugs for pharmacists who violate specific rules, such as insurance or agreement requirements.
### Who it affects
Licensed pharmacists and pharmacy technicians in Georgia, physicians who choose to enter protocol agreements with pharmacists, patients seeking HIV prevention medication, the State Board of Pharmacy, the Department of Public Health, and the Georgia Drugs and Narcotics Agency, which enforces some requirements.
### Why it matters
Patients could get HIV prevention medication at a pharmacy without first securing a doctor's appointment and prescription, potentially speeding up access. Pharmacists take on new clinical responsibilities, including testing verification and documentation, with financial penalties if they fail to follow the required safety steps.
### Key provisions
- Section 1 adds Code Section 26-4-120, authorizing pharmacists to dispense up to a 90 day supply of PrEP or a 30 day supply of PEP if patients meet HIV testing and screening conditions.
- Section 1 requires pharmacists to complete a training program on pharmacology, contraindications, financial assistance programs, and CDC guidelines before dispensing these drugs.
- Section 1 requires pharmacists to notify a patient's primary care provider or supply a list of other providers for follow-up care.
- Section 2 adds Code Section 43-34-26.2, letting physicians delegate authority to pharmacists via a 'PEP or PrEP protocol agreement' for administering long-acting injectable versions.
- Section 2 requires pharmacists in such agreements to carry at least $250,000 in liability insurance and maintain detailed records of each dose administered.
- Section 2 limits a physician to protocol agreements with no more than ten pharmacists at a time and requires biennial renewal of each agreement.
- Section 2 sets escalating penalties: up to $2,500 for missing insurance or a protocol agreement, up to $500 for failing to notify a primary care provider, and up to $5,000 plus suspension for false affidavits.
- Section 3 repeals any conflicting Georgia laws.
## Status
- Status: Passed (2026-05-05)
- Last action: Effective Date 2026-07-01 (2026-05-05)
- Sponsors: Chuck Hufstetler, Kay Kirkpatrick, Ben Watson, Elena Parent, Nan Orrock, Mark Newton
- Official page: https://www.legis.ga.gov/legislation/70441
> The history, votes, and amendments (1,413 characters) are at https://georgiacommons.org/bills/2025-2026/sb195.md?full=1