Bills · 2021-2022 Regular Session
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
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- 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)
Votes
Assembly: Report passage recommended by Committee on Health, Ayes 10, Noes 3
Passed 10–3 Oct 20, 2021 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Aye · 83
- Adam Neylon (15)
- Alex Dallman (39)
- Amy Loudenbeck (31)
- Barbara Dittrich (99)
- Beth Meyers (74)
- Bob Wittke (63)
- Calvin Callahan (35)
- Christine Sinicki (20)
- Cindi Duchow (97)
- Clint Moses (92)
- Dan Knodl (24)
- Dave Armstrong (67)
- Dave Considine (81)
- David Bowen (10)
- David Steffen (4)
- Deb Andraca (23)
- Dianne Hesselbein (27)
- Don Vruwink (43)
- Donna Rozar (69)
- Dora Drake (4)
- Elijah Behnke (6)
- Evan Goyke (18)
- Francesca Hong (76)
- Gae Magnafici (28)
- Gary Hebl (46)
- Gordon Hintz (54)
- Greta Neubauer (66)
- James Edming (87)
- Jeff Mursau (36)
- Jesse James (23)
- Jessie Rodriguez (21)
- Jill Billings (95)
- Jim Steineke (5)
- Jimmy Anderson (47)
- Jodi Emerson (91)
- Joel Kitchens (1)
- John Macco (88)
- John Spiros (86)
- Jon Plumer (42)
- Jonathan Brostoff (19)
- Kalan Haywood (16)
- Katrina Shankland (71)
- Ken Skowronski (82)
- Kristina Shelton (90)
- LaKeshia Myers (12)
- Lee Snodgrass (52)
- Lisa Subeck (79)
- Loren Oldenburg (96)
- Marisabel Cabrera (9)
- Mark Born (37)
- Mark Spreitzer (15)
- Mike Kuglitsch (84)
- Nancy VanderMeer (70)
- Nick Milroy (73)
- Pat Snyder (85)
- Paul Tittl (25)
- Rachael Cabral-Guevara (19)
- Rob Brooks (59)
- Rob Summerfield (68)
- Rob Swearingen (34)
- Robin Vos (33)
- Robyn Vining (13)
- Ron Tusler (3)
- Samantha Kerkman (61)
- Samba Baldeh (48)
- Sara Rodriguez (13)
- Scott Krug (72)
- Shannon Zimmerman (30)
- Shelia Stubbs (78)
- Sondy Pope (80)
- Steve Doyle (94)
- Sue Conley (44)
- Supreme Moore Omokunde (17)
- Terry Katsma (26)
- Tip McGuire (64)
- Tod Ohnstad (65)
- Todd Novak (51)
- Tony Kurtz (41)
- Travis Tranel (49)
- Treig Pronschinske (29)
- Tyler August (31)
- Tyler Vorpagel (27)
- Will Penterman (38)
Nay · 7
- Chuck Wichgers (84)
- Dave Murphy (56)
- Janel Brandtjen (22)
- Jeremy Thiesfeldt (52)
- Scott Allen (82)
- Shae Sortwell (2)
- Timothy Ramthun (59)
Not voting · 3
- Cody Horlacher (33)
- Daniel Riemer (7)
- Sylvia Ortiz-Velez (8)
Full history
- 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
- Feb 10, 2021 · Assembly
Read first time and referred to Committee on Health
- Mar 1, 2021 · Assembly
Fiscal estimate received
- Oct 7, 2021 · Assembly
Public hearing held
- Oct 7, 2021 · Assembly
Representative Subeck added as a coauthor
- Oct 13, 2021 · Assembly
Representative Callahan added as a coauthor
- Oct 19, 2021 · Assembly
Executive action taken
- Oct 20, 2021 · Assembly
Report passage recommended by Committee on Health, Ayes 10, Noes 3
- Oct 20, 2021 · Assembly
Referred to committee on Rules
- Oct 21, 2021 · Assembly
Placed on calendar 10-27-2021 by Committee on Rules
- Oct 26, 2021 · Assembly
Assembly Amendment 1 offered by Representative Kitchens
- Oct 27, 2021 · Assembly
Read a second time
- Oct 27, 2021 · Assembly
Assembly Amendment 1 withdrawn and returned to author
- Oct 27, 2021 · Assembly
Assembly Amendment 2 offered by Representative Kitchens
- Oct 27, 2021 · Assembly
Assembly Amendment 2 adopted
- Oct 27, 2021 · Assembly
Ordered to a third reading
- Oct 27, 2021 · Assembly
Rules suspended
- Oct 27, 2021 · Assembly
Read a third time and passed, Ayes 83, Noes 7, Paired 6
- Oct 27, 2021 · Assembly
Representative Macco added as a coauthor
- Oct 27, 2021 · Assembly
Ordered immediately messaged
- Oct 27, 2021 · Senate
Received from Assembly
- Nov 2, 2021 · Senate
Read first time and referred to committee on Senate Organization
- Nov 2, 2021 · Senate
Available for scheduling
- Mar 15, 2022 · Senate
Failed to concur in pursuant to Senate Joint Resolution 1