Relates to authorizing pharmacists to dispense certain contraceptives

Title of bill

An act to amend the education law, in relation to authorizing pharmacists to dispense certain contraceptives

Purpose

To allow pharmacists to dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives.

Summary of provisions

Section 1. The education law is amended by adding a new section 6832 establishing requirements for:

* pharmacists to undergo a training program approved by the State Board of Pharmacy;

* create a self-screening risk assessment tool for patients;

* requirement that pharmacist refer patient to the primary care provider or women's health care provider;

* provide patient with a written record of the dispensed medication and advise patient to consult with the primary care or women's health provider;

* Dispense the hormonal contraceptive as soon as practicable after issuing the prescription.

This section prohibits a pharmacist from:

* requiring a patient to schedule an appointment with the pharmacist in order to dispense the contraceptive; or

* dispensing the contraceptive if the patient does not have evidence of a clinical visit for women's health within three years immediately following the initial dispensing of the contraceptive

All state and federal laws governing insurance coverage will apply to contraceptives dispensed by a pharmacist.

Section 2. Effective date.

Justification

Pharmacists are already permitted to dispense emergency contraceptives and administer flu shots. Dispensing oral or transdermal patch contraceptives would fall within the standing order protocol that is already in place for the flu shot and Plan B.

Both California and Oregon have successfully implemented this program. The rationale for adopting this legislation is that pharmacy practice is a dynamic, patient-oriented health service that applies a scientific body of knowledge to improve and promote patient health by means of appropriate drug use, drug-related therapy, and communication for clinical and consultative purposes. Pharmacy practice is continually evolving to include more sophisticated and comprehensive patient care activities. Pharmacists are health care providers who have the authority to provide health care services.

The self-screening tool will identify patient risk factors for use of self-administered hormonal contraceptives. Referring the patient to their primary care doctor or, in the absence of a PCP, to a clinic upon furnishing a self-administered contraceptive, will provide a safeguard especially if the self-administered test shows that the contraceptive is not recommended.

Affording women easy access to contraceptives through a local pharmacy will help with family planning. It is also an essential service for women for whom a trip to their doctor or a clinic would necessitate time off from work or arranging child care. It would also be more immediate as women must often wait weeks or months to obtain a scheduled appointment with their health care provider.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided, however, that effective immediately, the state board of pharmacy may take any action necessary to implement the provisions of this act on its effective date.