Budget Amendment ID: FY2023-S4-390
Ms. Creem, Ms. Friedman, Ms. Comerford, Mr. Cyr, Ms. Rausch, Messrs. Eldridge and Barrett, Ms. Chang-Diaz and Ms. Edwards moved that the proposed new text be amended by adding the following section:-
"SECTION XX. Chapter 94C of the General Laws is hereby amended by striking out section 19A, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 19A. (a) As used in this section 'emergency contraception' shall, unless the context clearly requires otherwise, mean any drug approved by the federal Food and Drug Administration as a contraceptive method for use after sexual intercourse, whether provided over-the-counter or by prescription.
(b) The department shall ensure that a statewide standing order is issues 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 commission and is registered to distribute or dispense a controlled substance in the course of professional practice pursuant to section 7, shall issue a statewide standing order that may be used for a licensed pharmacist to dispense emergency contraception under this section.
(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 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.
(d ) Before dispensing emergency contraception authorized under this section, a pharmacist may complete a training program approved by the commissioner on emergency contraception, which training shall include but not be limited to proper documentation, quality assurance, and referral to additional services, including appropriate recommendation that the patient follow-up with a medical practitioner.
(e ) A pharmacist dispensing emergency contraception under this section shall annually provide to the department of public health the number of times such emergency contraception is dispensed. Reports made pursuant to this section shall not identify any individual patient, shall be confidential and shall not be public records as defined by clause twenty-sixth of section 7 of chapter 4.
(f) Except for an act of gross negligence or willful misconduct, the commissioner or a physician who issues the statewide standing order under subsection (b) and any practitioner who, acting in good faith, directly or through the standing order, prescribes or dispenses emergency contraception shall not be subject to any criminal or civil liability or any professional disciplinary action.
(g ) The department of public health, board of registration in medicine, and board of registration in pharmacy shall adopt regulations to implement this section."
And further moves to amend Chapter 272 in Section 21A by inserting after the words “provided further, that”, the following word:- "prescription".