SB 169: "An Act relating to the authority of pharmacists to prescribe and dispense self-administered hormonal contraceptives; relating to the duties of the Board of Pharmacy; relating to insurance coverage for contraceptives prescribed by pharmacists; and providing for an effective date."
00 SENATE BILL NO. 169 01 "An Act relating to the authority of pharmacists to prescribe and dispense self- 02 administered hormonal contraceptives; relating to the duties of the Board of Pharmacy; 03 relating to insurance coverage for contraceptives prescribed by pharmacists; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.80.030(b) is amended to read: 07 (b) In order to fulfill its responsibilities, the board has the powers necessary 08 for implementation and enforcement of this chapter, including the power to 09 (1) elect a president and secretary from its membership and adopt rules 10 for the conduct of its business; 11 (2) license by examination or by license transfer the applicants who are 12 qualified to engage in the practice of pharmacy; 13 (3) assist the department in inspections and investigations for 14 violations of this chapter, or of any other state or federal statute relating to the practice
01 of pharmacy; 02 (4) adopt regulations to carry out the purposes of this chapter; 03 (5) establish and enforce compliance with professional standards and 04 rules of conduct for pharmacists engaged in the practice of pharmacy; 05 (6) determine standards for recognition and approval of degree 06 programs of schools and colleges of pharmacy whose graduates shall be eligible for 07 licensure in this state, including the specification and enforcement of requirements for 08 practical training, including internships; 09 (7) establish for pharmacists and pharmacies minimum specifications 10 for the physical facilities, technical equipment, personnel, and procedures for the 11 storage, compounding, and dispensing of drugs or related devices, and for the 12 monitoring of drug therapy; 13 (8) enforce the provisions of this chapter relating to the conduct or 14 competence of pharmacists practicing in the state, and the suspension, revocation, or 15 restriction of licenses to engage in the practice of pharmacy; 16 (9) license and regulate the training, qualifications, and employment of 17 pharmacy interns and pharmacy technicians; 18 (10) issue licenses to persons engaged in the manufacture and 19 distribution of drugs and related devices; 20 (11) establish and maintain a controlled substance prescription 21 database as provided in AS 17.30.200; 22 (12) establish standards for the independent administration by a 23 pharmacist of vaccines and related emergency medications under AS 08.80.168, 24 including the completion of an immunization training program approved by the board; 25 (13) approve a training program for prescribing self-administered 26 hormonal contraceptives and counseling patients on all contraceptive methods, 27 including long-acting reversible contraception. 28 * Sec. 2. AS 08.80 is amended by adding a new section to read: 29 Sec. 08.80.175. Prescribing and dispensing contraceptives. (a) A qualified 30 pharmacist may prescribe and dispense self-administered hormonal contraceptives as 31 provided in this section.
01 (b) To be qualified under this section, a pharmacist shall provide evidence 02 satisfactory to the board that the pharmacist has completed a training program 03 approved by the board that is related to prescribing self-administered hormonal 04 contraceptives and counseling patients on all contraceptive methods. 05 (c) A pharmacist qualified under (b) of this section shall 06 (1) before prescribing a self-administered hormonal contraceptive, 07 (A) receive a self-screening assessment tool from the patient; 08 (B) provide information to the patient describing all available 09 contraceptive methods; and 10 (C) refer the patient to the patient's primary care practitioner or 11 women's health care practitioner to discuss long-acting reversible 12 contraception options; 13 (2) at the time of prescribing and dispensing a self-administered 14 hormonal contraceptive, 15 (A) refer the patient to the patient's primary care practitioner or 16 women's health care practitioner; 17 (B) provide the patient with a written record of the self- 18 administered hormonal contraceptive prescribed and dispensed; and 19 (C) counsel and advise the patient to consult with a primary 20 care practitioner or women's health care practitioner about the prescription; 21 (3) dispense the self-administered hormonal contraceptive to the 22 patient as soon as practicable after the pharmacist issues the prescription. 23 (d) A pharmacist may not require a patient to schedule an appointment with 24 the pharmacist for the prescribing or dispensing of a self-administered hormonal 25 contraceptive. 26 (e) If a patient has previously filled a prescription by a pharmacist under this 27 section, a qualified pharmacist may not prescribe and dispense a self-administered 28 hormonal contraceptive to the same patient unless the patient has provided the 29 pharmacist satisfactory evidence that the patient has made a clinical visit for women's 30 health care within three years after the pharmacist's initial prescription. 31 (f) The board shall adopt regulations to establish, in consultation with the
01 State Medical Board, the State Board of Nursing, and the Department of Health and 02 Social Services and in consideration of guidelines established by the American 03 Congress of Obstetricians and Gynecologists, standard procedures for the prescribing 04 of self-administered hormonal contraceptives by qualified pharmacists consistent with 05 this section. 06 (g) All state and federal laws governing insurance coverage of contraceptive 07 drugs, devices, products, and services apply to self-administered hormonal 08 contraceptives prescribed by a qualified pharmacist under this section. 09 * Sec. 3. AS 08.80.480(27) is amended to read: 10 (27) "practice of pharmacy" means the interpretation, evaluation, and 11 dispensing of prescription drug orders in the patient's best interest; participation in 12 drug and device selection, drug administration, drug regimen reviews, and drug or 13 drug-related research; provision of patient counseling and the provision of those acts 14 or services necessary to provide pharmaceutical care; the administration of vaccines 15 and related emergency medication; the prescribing and dispensing of self- 16 administered hormonal contraceptives under AS 08.80.175; and the responsibility 17 for compounding and labeling of drugs and devices except labeling by a manufacturer, 18 repackager, or distributor of nonprescription drugs and commercially packaged legend 19 drugs and devices; proper and safe storage of drugs and devices; and maintenance of 20 proper records for them; 21 * Sec. 4. AS 08.80.480 is amended by adding new paragraphs to read: 22 (37) "long-acting reversible contraception" means a contraceptive 23 method that is effective for an extended period of time without requiring action by the 24 patient, including injections, intrauterine devices, and subdermal contraceptive 25 implants; 26 (38) "self-administered hormonal contraceptive" means a product, 27 device, or drug composed of a combination of hormones that is approved by the 28 United States Food and Drug Administration to prevent pregnancy and that the patient 29 to whom the drug is prescribed may administer to themselves; "self-administered 30 hormonal contraceptive" does not include long-acting reversible contraception. 31 * Sec. 5. AS 21.96 is amended by adding a new section to read:
01 Sec. 21.96.115. Coverage for contraceptives prescribed by a qualified 02 pharmacist. A health care insurer may not deny coverage solely because a qualified 03 pharmacist prescribed the self-administered hormonal contraceptive to the patient 04 under AS 08.80.175. 05 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 TRANSITION: REGULATIONS. The Board of Pharmacy may adopt regulations 08 necessary to implement the changes made by this Act. The regulations take effect under 09 AS 44.62 (Administrative Procedure Act), but not before the effective date of the relevant 10 provision of this Act implemented by the regulation. 11 * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 12 * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect January 1, 2017.