S1139

An Act concerning contraceptives and supplementing P.L.2003, c.280 (C.45:14-40 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. In accordance with rules adopted by the Board of Pharmacy pursuant to subsection b. of this section, a pharmacist may prescribe and dispense self-administered hormonal contraceptives to a person who is:

(1) 18 years of age or older, regardless of whether the person has evidence of a previous prescription from a practitioner for a self-administered hormonal contraceptive; or

(2) under 18 years of age, provided that the person has evidence of a previous prescription from a practitioner for a self-administered hormonal contraceptive.

b. The board shall, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the State Board of Medical Examiners and the Board of Nursing and in consideration of guidelines established by the American Congress of Obstetricians and Gynecologists, adopt rules to establish standard procedures for the prescribing of self-administered hormonal contraceptives by pharmacists. The rules adopted pursuant to this subsection shall require a pharmacist to:

(1) Complete a training program approved by the board that is related to prescribing self-administered hormonal contraceptives;

(2) Provide a self-screening risk assessment tool that shall be used by a person prior to the pharmacist prescribing and dispensing a self-administered hormonal contraceptive to the person;

(3) Upon prescribing and dispensing a self-administered hormonal contraceptive, refer the person to the person’s primary care provider or to an appropriate medical clinic and provide the person with a written record of the contraceptive prescribed and dispensed; and

(4) Dispense self-administered hormonal contraceptives as soon as practicable after issuing a prescription.

c. A pharmacist authorized to prescribe and dispense self-administered hormonal contraceptives pursuant to this section shall not:

(1) Require any person to schedule an appointment with the pharmacist for the prescribing or dispensing of a self-administered hormonal contraceptive; or

(2) Prescribe and dispense a self-administered hormonal contraceptive to a person who does not provide evidence of having attended a clinical visit for women’s health within the three years immediately following the date a self-administered hormonal contraceptive was initially prescribed and dispensed to the person by a pharmacist pursuant to this section.

d. All laws governing insurance coverage of contraceptive drugs, devices, products, and services shall apply to self-administered hormonal contraceptives prescribed by a pharmacist pursuant to this section.

2. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Board of Pharmacy may take any administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill permits pharmacists to prescribe and dispense self-administered hormonal contraceptives pursuant to standard procedures to be established by the State Board of Pharmacy (Board) by regulation. These standard procedures are to be developed in consultation with the State Board of Medical Examiners and the Board of Nursing and in consideration of guidelines established by the American Congress of Obstetricians and Gynecologists.

Specifically, in order to prescribe and dispense self-administered hormonal contraceptives to a person under the bill, a pharmacist will be required to have completed a training program approved by the Board; provide a self-screening risk assessment tool that is to be used by a person seeking a self-administered hormonal contraceptive prior to issuance of a prescription; upon issuing and dispensing a self-administered hormonal contraceptive to a person, refer the person to the person’s primary care provider or an appropriate medical clinic and provide the person with a written record of the contraceptive prescribed and dispensed; and dispense prescribed contraceptives as soon as practicable after issuance of a prescription.

Pharmacists authorized to prescribe and dispense self-administered hormonal contraceptives under the bill will not be permitted to require any person to make an appointment to have a self-administered hormonal contraceptive prescribed and dispensed, and will not be permitted to prescribe and dispense a self-administered hormonal contraceptive to a person unless the person provides evidence of having attended a clinical visit for women’s health within the three years immediately following the date a self-administered hormonal contraceptive was initially prescribed and dispensed to the person by a pharmacist pursuant to the bill.

Pharmacists will be permitted to prescribe and dispense self-administered hormonal contraceptives to persons who are 18 years of age or older regardless of whether the person has evidence of a previous prescription from a practitioner for a self-administered hormonal contraceptive, and to persons who are under 18 years of age who have evidence of a previous prescription from a practitioner for a self-administered hormonal contraceptive.

The bill requires that all laws governing insurance coverage of contraceptive drugs, devices, products, and services will apply to self-administered hormonal contraceptives prescribed by a pharmacist pursuant to the bill.

This bill is similar to legislation recently enacted in California and Oregon.