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Bills · 2023-2024 Regular Session

AB 176

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 Administrative rules — Revisions 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 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 page

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

Assembly: PASSAGE

Passed 82–11 Jun 21, 2023 official source full page

Aye · 82

Not voting · 1

Senate: Report concurrence recommended by Committee on Health, Ayes 5, Noes 1

Passed 5–1 Oct 6, 2023 official source full page

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

Full history

  1. 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

  2. Apr 14, 2023 · Assembly

    Read first time and referred to Committee on Health, Aging and Long-Term Care

  3. May 4, 2023 · Assembly

    Representative Madison added as a coauthor

  4. May 30, 2023 · Assembly

    Representative O'Connor added as a coauthor

  5. Jun 6, 2023 · Assembly

    Fiscal estimate received

  6. Jun 6, 2023 · Assembly

    Public hearing held

  7. Jun 8, 2023 · Assembly

    Representatives Joers and Andraca added as coauthors

  8. Jun 14, 2023 · Assembly

    Executive action taken

  9. Jun 14, 2023 · Assembly

    Report passage recommended by Committee on Health, Aging and Long-Term Care, Ayes 13, Noes 1

  10. Jun 14, 2023 · Assembly

    Referred to committee on Rules

  11. Jun 15, 2023 · Assembly

    Representative Jacobson added as a coauthor

  12. Jun 15, 2023 · Assembly

    Placed on calendar 6-21-2023 by Committee on Rules

  13. Jun 20, 2023 · Assembly

    Representative Cabrera added as a coauthor

  14. Jun 21, 2023 · Assembly

    Representatives Snodgrass and Emerson added as coauthors

  15. Jun 21, 2023 · Assembly

    Read a second time

  16. Jun 21, 2023 · Assembly

    Ordered to a third reading

  17. Jun 21, 2023 · Assembly

    Rules suspended

  18. Jun 21, 2023 · Assembly

    Read a third time and passed, Ayes 82, Noes 11, Paired 4

  19. Jun 21, 2023 · Assembly

    Ordered immediately messaged

  20. Jun 22, 2023 · Senate

    Received from Assembly

  21. Jun 22, 2023 · Senate

    Representative Ratcliff added as a coauthor

  22. Jun 23, 2023 · Senate

    Read first time and referred to committee on Health

  23. Jul 12, 2023 · Senate

    Public hearing held

  24. Jul 14, 2023 · Senate

    Senators Hesselbein and Carpenter added as cosponsors

  25. Sep 13, 2023 · Senate

    Executive action taken

  26. Sep 15, 2023 · Senate

    Representative Shankland added as a coauthor

  27. Oct 6, 2023 · Senate

    Report concurrence recommended by Committee on Health, Ayes 5, Noes 1

  28. Oct 6, 2023 · Senate

    Available for scheduling

  29. Apr 15, 2024 · Senate

    Failed to concur in pursuant to Senate Joint Resolution 1