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 Senate, not reached
- Passes Assembly, 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; 2) the use of the contraceptive is not contraindicated based upon
the results of the questionnaire and screening; and 3) the patient acknowledges on
the self-assessment questionnaire that a 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
hormonal contraceptive treatment and other routine preventive care. 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 DHS to 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: Cabral-Guevara (R) , Felzkowski (R) , James (R) , Marklein (R)
44 cosponsors
August (R) , Binsfeld (R) , Born (R) , Cabrera (D) , Callahan (R) , Dallman (R) , Dittrich (R) , Duchow (R) , Green (R) , Hesselbein and Carpenter , Hurd (R) , Jacobson (D) , Joers and Andraca , Kitchens (R) , Knodl (R) , Krug (R) , Kurtz (R) , Macco (R) , Madison and Clancy , Magnafici (R) , Maxey (R) , Michalski (R) , Mursau (R) , Nedweski (R) , Novak (R) , O'Connor (R) , Oldenburg (R) , Plumer (R) , Rodriguez (R) , Rozar (R) , S. Johnson (R) , Sapik (R) , Shankland (D) , Sinicki (D) , Snodgrass and Emerson , Snyder (R) , Spiros (R) , Steffen (R) , Subeck (D) , Summerfield (R) , Swearingen (R) , Tusler (R) , Vos (R) , Wittke (R)
Votes
Senate: Report passage 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 3, 2023 · Senate
Introduced by Senators Felzkowski, Cabral-Guevara, James and Marklein; cosponsored 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 and Sinicki
- Apr 3, 2023 · Senate
Read first time and referred to Committee on Health
- May 4, 2023 · Senate
- May 30, 2023 · Senate
Representative O'Connor added as a cosponsor
- Jun 6, 2023 · Senate
Fiscal estimate received
- Jun 8, 2023 · Senate
- Jun 15, 2023 · Senate
Fiscal estimate received
- Jun 20, 2023 · Senate
Representative Cabrera added as a cosponsor
- Jun 21, 2023 · Senate
- Jul 12, 2023 · Senate
Public hearing held
- Jul 14, 2023 · Senate
Senators Hesselbein and Carpenter added as coauthors
- Aug 15, 2023 · Senate
Representative Jacobson added as a cosponsor
- Sep 13, 2023 · Senate
Executive action taken
- Sep 15, 2023 · Senate
Representative Shankland added as a cosponsor
- Oct 6, 2023 · Senate
Report passage recommended by Committee on Health, Ayes 5, Noes 1
- Oct 6, 2023 · Senate
Available for scheduling
- Apr 15, 2024 · Senate
Failed to pass pursuant to Senate Joint Resolution 1