This state just took a major step forward in expanding access to PrEP. Will other states follow suit?

HIV transmission rates are coming down, but not fast enough. To help reduce rates further, California Governor Gavin Newsom yesterday signed a bill to make PrEP and PEP further available without a prescription.

PrEP (Pre-Exposure Prophylaxis) is a daily pill that can be taken to minimize the chances of someone acquiring HIV. It is widely effective.

PEP stands for Post-Exposure Prophylaxis. It’s a similar medication. It can be taken for a month, following a sexual encounter that might have put someone at risk of HIV.

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The bill, SB 339, was introduced by gay State Senator Scott Wiener. He has spoken before about being on PrEP himself.

He welcomed yesterday’s signing.

.@GavinNewsom just signed our legislation to ensure pharmacists can provide PrEP w/o a physician prescription, similar to birth control. PrEP is a daily pill that almost entirely eliminates HIV risk.

SB 339 will help California achieve our goal of eliminating new HIV infections.

— Senator Scott Wiener (@Scott_Wiener) February 6, 2024

“HIV continues to take a huge toll on public health in California, and SB 339 unlocks a powerful tool to prevent new infections,” Wiener said in a statement.

“PrEP is nearly 100% effective at preventing HIV transmission, but far too many Californians lack access to it. Allowing people to obtain this powerful anti-HIV tool at their neighborhood pharmacy will greatly expand access and is a big step toward a future free from new HIV cases.”

SB 339 follows legislation Wiener introduced in 2019 (SB 159). That allowed pharmacies to distribute PrEP and PEP for 30 days.

However, the 30-day limit was not enough for many pharmacies to recoup the costs of providing PrEP. It also did not order insurers to cover the costs. As a result, most pharmacies would lose money implementing SB 159 in California, so they simply aren’t offering PrEP through this route.

SB 339 closes the loopholes in SB 159 and makes the law easier for pharmacies to implement.

The new legislation (SB 339) expands PrEP to 90 days without a prescription. If people want to continue after that time, they’ll need to see a doctor.

Crucially, SB 339 will also require health care services and insurers to cover the drugs, along with the pharmacist’s services and related testing. It also requires them to cover an ongoing supply if the patient receives follow-up care and testing consistent with federal guidelines for PrEP.

Anyone seeking PrEP from a pharmacy will still need to undertake a blood test to check they are HIV-negative.

Equality California

Equality California echoed Wiener’s comments and welcomed Newsom’s signing.

“We thank Governor Newsom for signing this critical healthcare legislation. PrEP and PEP prevent thousands of new HIV infections every year, but they are still far too difficult for many Californians to access.

“SB 339 will make it easier for California pharmacists to provide these important medications without a doctor’s prescription and bring the state one step closer to ending the HIV epidemic,” said the organization’s Executive Director, Tony Hoang.

After Wiener’s original 2019 bill became law, Colorado, Nevada, and Utah passed similar laws allowing pharmacies to give PrEP to those who want it.

The California State Board of Pharmacy has until the end of October to adopt emergency regulations to implement SB 339.

Related:

Some guys stopped taking PrEP. Here’s what you should consider if you are hooking up.

Many people stopped taking PrEP daily during the pandemic.

This popular gay hotspot has seen a 95% drop in new HIV cases. Here’s how they did it.

One of its recent HIV awareness adverts is aimed at older men traumatized by living through the epidemic.