Budget Amendment ID: FY2024-S3-350-R2

2nd Redraft EHS 350

Access to Hormonal Contraceptives

Messrs. Moore, Cyr and Lewis, Ms. Miranda, Ms. Rausch and Messrs. Payano, Keenan, Brady and Feeney moved that the proposed new text be amended by inserting after section 18 the following section:-

“SECTION 18A. Chapter 94C of the General Laws, as so appearing, is hereby amended by inserting after section 19E the following section:-

Section 19F. (a) Notwithstanding any general or special law to the contrary, a registered pharmacist may prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives to any person, regardless of whether the person has evidence of a previous prescription from a primary care practitioner or reproductive health care practitioner for a hormonal contraceptive patch or self-administered oral hormonal contraceptive.

(b) The department, in consultation with the board of registration in medicine, the board of registration in pharmacy and the division of medical assistance, and in consideration of guidelines established by the American College of Obstetricians and Gynecologists, shall adopt rules to establish: (i) standard procedures for the prescribing of hormonal contraceptive patches and self-administered oral hormonal contraceptives by pharmacists; and (ii) the time frame in which a patient shall have evidence, as defined by the department, of a clinical visit from a primary care practitioner or reproductive health care practitioner immediately following a previous prescription and dispensation of a hormonal contraceptive patch or self-administered oral hormonal contraceptive by a pharmacist.

(c) The rules adopted in subsection (b) shall: (i) require a pharmacist to: (A) complete a training program approved by the board of registration in pharmacy that is related to prescribing hormonal contraceptive patches and self-administered oral hormonal contraceptives; (B) provide a self-screening risk assessment tool that the patient shall use prior to the pharmacist prescribing the hormonal contraceptive patch or self-administered oral hormonal contraceptive; (C) refer the patient to the patient’s primary care practitioner or reproductive health care practitioner, if applicable, upon prescribing and dispensing the hormonal contraceptive patch or self-administered oral hormonal contraceptive or advise the patient to consult with a primary care practitioner or reproductive health care practitioner; (D) provide the patient with a written record of the hormonal contraceptive patch or self-administered oral hormonal contraceptive prescribed and dispensed; and (E) dispense the hormonal contraceptive patch or self-administered oral hormonal contraceptive to the patient as soon as practicable after the pharmacist issues the prescription; and (ii) prohibit a pharmacist from: (A) requiring a patient to schedule an appointment with the pharmacist for the prescribing or dispensing of a hormonal contraceptive patch or self-administered oral hormonal contraceptive; and (B) prescribing and dispensing a hormonal contraceptive patch or self-administered oral hormonal contraceptive to a patient who previously received a prescription and dispensation of a hormonal contraceptive patch or self-administered oral hormonal contraceptive by a pharmacist and who does not have evidence of a clinical visit within the time frame established under clause (ii) of subsection (b).