Bills · 2023-2024 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 Administrative rules — Revisions 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 require that
pharmacists use a self-assessment questionnaire, developed in consideration of
guidelines established by the American Congress of Obstetricians and
Gynecologists, when prescribing a contraceptive. The self-assessment
questionnaire must state and the patient must acknowledge on the self-assessment
questionnaire that a hormonal contraceptive patch or a self-administered oral
hormonal contraceptive is not protection against sexually transmitted diseases, and
that it is strongly recommended that the patient annually meet with a physician or
other medical professional to discuss the patient's prescribed hormonal
contraceptive treatment and other routine preventive care.
Further, under the bill, 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: August (R) , Binsfeld (R) , Born (R) , Callahan (R) , Clancy (D) , Dallman (R) , Dittrich (R) , Duchow (R) , Green (R) , Hurd (R) , Kitchens (R) , Knodl (R) , Krug (R) , Kurtz (R) , Macco (R) , Magnafici (R) , Maxey (R) , Michalski (R) , Mursau (R) , Nedweski (R) , Novak (R) , Oldenburg (R) , Plumer (R) , Rodriguez (R) , Rozar (R) , S. Johnson (R) , Sapik (R) , Sinicki (D) , Snyder (R) , Spiros (R) , Steffen (R) , Subeck (D) , Summerfield (R) , Swearingen (R) , Tusler (R) , Vos (R) , Wittke (R)
13 cosponsors
Cabral-Guevara (R) , Cabrera (D) , Felzkowski (R) , Hesselbein and Carpenter , Jacobson (D) , James (R) , Joers and Andraca , Madison (D) , Marklein (R) , O'Connor (R) , Ratcliff (D) , Shankland (D) , Snodgrass and Emerson
Votes
Assembly: Report passage recommended by Committee on Health, Aging and Long-Term Care, Ayes 13, Noes 1
Passed 13–1 Jun 14, 2023 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Aye · 82
- Adam Neylon (15)
- Alex Dallman (39)
- Alex Joers (81)
- Amanda Nedweski (32)
- Amy Binsfeld (27)
- Angie Sapik (73)
- Barbara Dittrich (99)
- Bob Donovan (61)
- Bob Wittke (63)
- Calvin Callahan (35)
- Chanz Green (74)
- Christine Sinicki (20)
- Cindi Duchow (97)
- Clint Anderson (45)
- Clint Moses (92)
- Daniel Riemer (7)
- Darrin Madison (10)
- Dave Armstrong (67)
- Dave Considine (81)
- Dave Maxey (83)
- David Steffen (4)
- Deb Andraca (23)
- Donna Rozar (69)
- Dora Drake (4)
- Ellen Schutt (31)
- Evan Goyke (18)
- Francesca Hong (76)
- Gae Magnafici (28)
- Greta Neubauer (66)
- James Edming (87)
- Jeff Mursau (36)
- Jenna Jacobson (50)
- Jerry O'Connor (60)
- Jessie Rodriguez (21)
- Jill Billings (95)
- Jimmy Anderson (47)
- Jodi Emerson (91)
- Joel Kitchens (1)
- John Macco (88)
- John Spiros (86)
- Jon Plumer (42)
- Kalan Haywood (16)
- Karen Hurd (69)
- Katrina Shankland (71)
- Kristina Shelton (90)
- Lee Snodgrass (52)
- Lisa Subeck (79)
- Loren Oldenburg (96)
- Lori Palmeri (54)
- Marisabel Cabrera (9)
- Mark Born (37)
- Melissa Ratcliff (16)
- Mike Bare (80)
- Nancy VanderMeer (70)
- Nik Rettinger (83)
- Pat Snyder (85)
- Paul Tittl (25)
- Rob Brooks (59)
- Rob Summerfield (68)
- Rob Swearingen (34)
- Robin Vos (33)
- Robyn Vining (13)
- Ron Tusler (3)
- Ryan Clancy (19)
- Samba Baldeh (48)
- Scott Johnson (33)
- Scott Krug (72)
- Shelia Stubbs (78)
- Steve Doyle (94)
- Sue Conley (44)
- Supreme Moore Omokunde (17)
- Sylvia Ortiz-Velez (8)
- Terry Katsma (26)
- Tip McGuire (64)
- Tod Ohnstad (65)
- Todd Novak (51)
- Tom Michalski (13)
- Tony Kurtz (41)
- Treig Pronschinske (29)
- Tyler August (31)
- Warren Petryk (93)
- Will Penterman (38)
Nay · 11
- Chuck Wichgers (84)
- Dave Murphy (56)
- Elijah Behnke (6)
- Janel Brandtjen (22)
- Joy Goeben (5)
- Michael Schraa (53)
- Peter Schmidt (6)
- Rick Gundrum (58)
- Scott Allen (82)
- Shae Sortwell (2)
- Ty Bodden (59)
Not voting · 1
- LaKeshia Myers (12)
Senate: Report concurrence recommended by Committee on Health, Ayes 5, Noes 1
Passed 5–1 Oct 6, 2023 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Full history
- Apr 14, 2023 · Assembly
Introduced by Representatives Kitchens, Magnafici, Duchow, Tusler, Binsfeld, Sapik, Rodriguez, August, Born, Callahan, Dallman, Dittrich, Green, Hurd, S. Johnson, Knodl, Krug, Kurtz, Macco, Maxey, Michalski, Mursau, Nedweski, Novak, Oldenburg, Plumer, Rozar, Snyder, Spiros, Steffen, Subeck, Summerfield, Swearingen, Vos, Wittke, Sinicki and Clancy; cosponsored by Senators Felzkowski, Cabral-Guevara, James and Marklein
- Apr 14, 2023 · Assembly
Read first time and referred to Committee on Health, Aging and Long-Term Care
- May 4, 2023 · Assembly
Representative Madison added as a coauthor
- May 30, 2023 · Assembly
Representative O'Connor added as a coauthor
- Jun 6, 2023 · Assembly
Fiscal estimate received
- Jun 6, 2023 · Assembly
Public hearing held
- Jun 8, 2023 · Assembly
- Jun 14, 2023 · Assembly
Executive action taken
- Jun 14, 2023 · Assembly
Report passage recommended by Committee on Health, Aging and Long-Term Care, Ayes 13, Noes 1
- Jun 14, 2023 · Assembly
Referred to committee on Rules
- Jun 15, 2023 · Assembly
Representative Jacobson added as a coauthor
- Jun 15, 2023 · Assembly
Placed on calendar 6-21-2023 by Committee on Rules
- Jun 20, 2023 · Assembly
Representative Cabrera added as a coauthor
- Jun 21, 2023 · Assembly
- Jun 21, 2023 · Assembly
Read a second time
- Jun 21, 2023 · Assembly
Ordered to a third reading
- Jun 21, 2023 · Assembly
Rules suspended
- Jun 21, 2023 · Assembly
Read a third time and passed, Ayes 82, Noes 11, Paired 4
- Jun 21, 2023 · Assembly
Ordered immediately messaged
- Jun 22, 2023 · Senate
Received from Assembly
- Jun 22, 2023 · Senate
Representative Ratcliff added as a coauthor
- Jun 23, 2023 · Senate
Read first time and referred to committee on Health
- Jul 12, 2023 · Senate
Public hearing held
- Jul 14, 2023 · Senate
Senators Hesselbein and Carpenter added as cosponsors
- Sep 13, 2023 · Senate
Executive action taken
- Sep 15, 2023 · Senate
Representative Shankland added as a coauthor
- Oct 6, 2023 · Senate
Report concurrence recommended by Committee on Health, Ayes 5, Noes 1
- Oct 6, 2023 · Senate
Available for scheduling
- Apr 15, 2024 · Senate
Failed to concur in pursuant to Senate Joint Resolution 1