New Jersey Statutes Title 17B. Insurance 17B § 27A-19.39

a. (1) Except as provided in paragraph (2) of this subsection, every small employer health benefits plan that is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c. 162 (C.17B:27A-17 et seq.) or approved for issuance or renewal in this State, on or after the effective date of this act,  1 shall provide benefits to any person covered thereunder for HIV preexposure prophylaxis and HIV postexposure prophylaxis furnished without an individual prescription pursuant to the requirements of section 2 of P.L.2025, c. 196 (C.45:14-67.13) without requiring prior authorization or step therapy.

(2) If the federal Food and Drug Administration has authorized or approved one or more therapeutic equivalents of a drug, device, or product for the prevention of HIV and AIDS, paragraph (1) of this subsection shall not be construed to require the plan to cover all therapeutically equivalent versions without prior authorization or step therapy, if at least one version is covered without prior authorization or step therapy.

(1) the service or procedure is within the scope of practice of the treating pharmacist;  and

(2) the service or procedure would otherwise be covered under the plan if provided by a healthcare provider, including a physician, advanced practice nurse, or physician assistant.

(1) prohibit, or permit a delegated pharmacy benefits manager to prohibit, a pharmacist from dispensing HIV preexposure prophylaxis or HIV postexposure prophylaxis;  and

(2) be required to cover HIV preexposure prophylaxis that has been furnished by a pharmacist without an individual prescription pursuant to section 2 of P.L.2025, c. 196 (C.45:14-67.13) in excess of a 90-day supply for a single patient within a given two year period.