HOUSE DOCKET, NO. 2536        FILED ON: 2/17/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2264

The Commonwealth of Massachusetts

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PRESENTED BY:

Marjorie C. Decker

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to improve access to emergency contraception.

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PETITION OF:

HOUSE DOCKET, NO. 2536        FILED ON: 2/17/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2264

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to improve access to emergency contraception.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 19A of chapter 94C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in subsection (a), after the word “intercourse”,  by inserting the following words:--“, whether provided over-the-counter or by prescription”.

SECTION 2. Said Section 19A of said chapter 94C is further amended by striking out subsections (b) and (c) inserting in place thereof the following 2 subsections:-

(b)  The department shall ensure that a statewide standing order is issued to authorize the dispensing of emergency contraception in the commonwealth by any licensed pharmacist. The statewide standing order shall include, but not be limited to, written, standardized procedures or protocols for the dispensing of emergency contraception by a licensed pharmacist. Notwithstanding any general or special law to the contrary, the commissioner, or a physician who is designated by the commissioner and is registered to distribute or dispense a controlled substance in the course of professional practice under section 7, shall issue a statewide standing order that may be used for a licensed pharmacist to dispense emergency contraception under this section. Except for an act of gross negligence or willful misconduct, the commissioner or a physician who issues said statewide standing order shall not be subject to any criminal or civil liability or any professional disciplinary action related to said order. 

(c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense emergency contraception in accordance with the statewide standing order issued under subsection (b). Except for an act of gross negligence or willful misconduct, a pharmacist who, acting in good faith, dispenses emergency contraception in accordance with said order shall not be subject to any criminal or civil liability or any professional disciplinary action by the board of registration in pharmacy related to the use or administration of emergency contraception.

SECTION 3.  Subsection (d) of said section 19A of said chapter 94C, as so appearing in the 2018 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-

A pharmacist who dispenses emergency contraception shall annually report to the department the number of emergency contraception doses dispensed, and the department shall publish an annual report that includes aggregate information about the dispensing of emergency contraception in the commonwealth.

SECTION 4. Section 21A of Chapter 272 of the General Laws is hereby amended by inserting after the words “provided further, that”, the following word:- prescription.

SECTION 5. Section 21A of Chapter 272 of the General laws is hereby further amended by striking out the fourth sentence and inserting in place thereof the following sentence:- This section shall not be construed to permit the sale or dispensing of prescription drugs or devices for the prevention of pregnancy or conception by a vending machine or similar device.