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Bills · 2021-2022 Regular Session

AB 36

Died at session end Official bill text Atom feed

Relating to: permitting pharmacists to prescribe certain contraceptives, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty. (FE)

Administrative rules Birth control Pharmacy

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill permits a pharmacist to prescribe and dispense hormonal

contraceptive patches and self-administered oral hormonal contraceptives, subject

to limitations described as follows.

The bill requires the Pharmacy Examining Board, after consultation with the

Medical Examining Board, the Board of Nursing, and the Department of Health

Services, to promulgate rules to establish standard procedures for the prescribing of

contraceptives by pharmacists under the bill. The rules must include a

self-assessment questionnaire, developed in consideration of guidelines established

by the American Congress of Obstetricians and Gynecologists, that must be used by

a pharmacist when prescribing a contraceptive. The rules must include certain

requirements for pharmacists prescribing contraceptives, such as 1) requiring a

report to the patient's primary health care practitioner following a prescription; and

2) requiring the contraceptive to be dispensed as soon as practicable after the

pharmacist issues the prescription order. In addition, the rules must prohibit a

pharmacist from prescribing or dispensing a contraceptive to a patient unless 1) the

patient has responded to the self-assessment questionnaire and undergone a blood

pressure screening; and 2) the use of the contraceptive is not contraindicated based

upon the results of the questionnaire and screening. A pharmacist who prescribes

contraceptives as permitted under the bill must comply with those rules, as well as

any other rules promulgated by the Pharmacy Examining Board. Finally, under the

bill, a pharmacist may prescribe a contraceptive only to a person who is at least 18

years of age.

The bill further requires that DHS must ensure any contraceptives or

contraceptive services covered under the Medical Assistance program are covered

and reimbursed when prescribed, if a prescription is required under federal law, or

provided by a pharmacist acting under the scope of his or her practice. The Medical

Assistance program is a joint federal and state program that provides health services

to individuals who have limited financial resources. The bill also requires DHS to

certify pharmacists as providers of Medical Assistance services for the purposes of

covering and reimbursing prescribed hormonal contraceptive patches and

self-administered oral hormonal contraceptives.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Armstrong (R) , August (R) , Born (R) , Dittrich (R) , Duchow (R) , James (R) , Kerkman (R) , Kitchens (R) , Knodl (R) , Krug (R) , Kuglitsch (R) , Kurtz (R) , Loudenbeck (R) , Magnafici (R) , Moses (R) , Mursau (R) , Neylon (R) , Novak (R) , Plumer (R) , Skowronski (R) , Snyder (R) , Spiros (R) , Steffen (R) , Steineke (R) , Summerfield (R) , Swearingen (R) , Tauchen (R) , Tranel (R) , Tusler (R) , Vorpagel (R) , Vos (R) , Wittke (R)

9 cosponsors

Bernier (R) , Callahan (R) , Carpenter (D) , Darling (R) , Felzkowski (R) , Feyen (R) , Macco (R) , Marklein (R) , Subeck (D)

Votes

Assembly: Report passage recommended by Committee on Health, Ayes 10, Noes 3

Passed 10–3 Oct 20, 2021 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: PASSAGE

Passed 83–7 Oct 27, 2021 official source full page

Aye · 83

Full history

  1. Feb 10, 2021 · Assembly

    Introduced by Representatives Kitchens, Magnafici, Tusler, Armstrong, August, Born, Dittrich, Duchow, James, Kerkman, Knodl, Krug, Kuglitsch, Kurtz, Loudenbeck, Moses, Mursau, Neylon, Novak, Plumer, Skowronski, Snyder, Spiros, Steffen, Steineke, Summerfield, Swearingen, Tauchen, Tranel, Vorpagel, Vos and Wittke; cosponsored by Senators Felzkowski, Bernier, Carpenter, Darling, Feyen and Marklein

  2. Feb 10, 2021 · Assembly

    Read first time and referred to Committee on Health

  3. Mar 1, 2021 · Assembly

    Fiscal estimate received

  4. Oct 7, 2021 · Assembly

    Public hearing held

  5. Oct 7, 2021 · Assembly

    Representative Subeck added as a coauthor

  6. Oct 13, 2021 · Assembly

    Representative Callahan added as a coauthor

  7. Oct 19, 2021 · Assembly

    Executive action taken

  8. Oct 20, 2021 · Assembly

    Report passage recommended by Committee on Health, Ayes 10, Noes 3

  9. Oct 20, 2021 · Assembly

    Referred to committee on Rules

  10. Oct 21, 2021 · Assembly

    Placed on calendar 10-27-2021 by Committee on Rules

  11. Oct 26, 2021 · Assembly

    Assembly Amendment 1 offered by Representative Kitchens

  12. Oct 27, 2021 · Assembly

    Read a second time

  13. Oct 27, 2021 · Assembly

    Assembly Amendment 1 withdrawn and returned to author

  14. Oct 27, 2021 · Assembly

    Assembly Amendment 2 offered by Representative Kitchens

  15. Oct 27, 2021 · Assembly

    Assembly Amendment 2 adopted

  16. Oct 27, 2021 · Assembly

    Ordered to a third reading

  17. Oct 27, 2021 · Assembly

    Rules suspended

  18. Oct 27, 2021 · Assembly

    Read a third time and passed, Ayes 83, Noes 7, Paired 6

  19. Oct 27, 2021 · Assembly

    Representative Macco added as a coauthor

  20. Oct 27, 2021 · Assembly

    Ordered immediately messaged

  21. Oct 27, 2021 · Senate

    Received from Assembly

  22. Nov 2, 2021 · Senate

    Read first time and referred to committee on Senate Organization

  23. Nov 2, 2021 · Senate

    Available for scheduling

  24. Mar 15, 2022 · Senate

    Failed to concur in pursuant to Senate Joint Resolution 1