| Chapter 234 |
| 2023 -- S 0103 SUBSTITUTE A AS AMENDED Enacted 06/23/2023 |
| A N A C T |
| RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES |
Introduced By: Senators Kallman, McKenney, Euer, Miller, Mack, DiMario, Lauria, LaMountain, and Pearson |
| Date Introduced: February 01, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 5-19.1 of the General Laws entitled "Pharmacies" is hereby amended |
| by adding thereto the following section: |
| 5-19.1-36. Pharmacists -- Contraceptives -- Prescribing. |
| (a) In accordance with chapter 19.1 of this title 5 and adopted by the state board of |
| pharmacy, a pharmacist may prescribe and dispense all short-term, FDA-approved hormonal |
| contraceptives. |
| (b) The state board of pharmacy shall adopt rules to establish, in consultation with the |
| Rhode Island medical board, the Rhode Island state board of nursing, and the Rhode Island |
| department of health, and in consideration of guidelines established by the American College of |
| Obstetricians and Gynecologists. |
| (c) A pharmacist shall be required to: |
| (1) Complete educational training approved by the state board of pharmacy that is related |
| to prescribing hormonal contraceptives. This training shall include training on counseling on all |
| methods of FDA-approved contraceptives, including those the pharmacist is not able to prescribe; |
| (2) Provide a self-screening risk assessment tool, based on the current version of the U.S. |
| Medical Eligibility Criteria for Contraceptive Use developed by the Federal federal Centers for |
| Disease Control and Prevention, that the patient must complete prior to the pharmacist's prescribing |
| the hormonal contraceptive; |
| (3) Provide the patient with a written record of the hormonal contraceptive prescribed and |
| dispensed and advise the patient to consult with a primary care practitioner or women's health care |
| healthcare practitioner; and |
| (4) Notify the patients patient’s primary care provider that the pharmacist prescribed |
| and/or dispensed a short-term, FDA-approved hormonal contraceptive. If the patient does not have |
| a primary care provider, or refuses consent to notify the patients primary care provider, the |
| pharmacist shall provide the patient a list of physicians, clinics, or other health care healthcare |
| providers to contact regarding follow-up care.; and |
| (5) Dispense the contraceptives to the patient as soon as practicable after the pharmacist |
| issues the prescription. |
| (d) All state and federal laws governing insurance coverage of contraceptive drugs, |
| devices, products, and services shall apply to contraceptives prescribed by a pharmacist under this |
| section; provided, however, an initial prescription issued pursuant to the provisions of this section |
| shall be limited to up to a three-(3)month (3) supply. |
| (e) Any individual health plan or group health plan and any health coverage through any |
| commercial health plan shall cover hormonal contraceptives that are prescribed and dispensed by |
| a pharmacist, including contraceptive counseling, if those contraceptives would otherwise be |
| covered if prescribed by another type of health care healthcare provider. |
| (f) The Rhode Island state pharmacy board of pharmacy should track and report on |
| accessibility and use, including the number and geographic locations of participating pharmacy |
| stores; and number of pharmacists that are eligible to prescribe. |
| (g) Pharmacies should display signs in stores and on websites indicating on-site, behind- |
| the-counter availability of contraceptives. |
| SECTION 2. This act shall take effect on January 1, 2024. SECTION 2. Rhode Island |
| Medicaid Reform Act of 2008 Resolution. |
| WHEREAS, The General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode |
| Island Medicaid Reform Act of 2008”; and |
| WHEREAS, A legislative enactment is required pursuant to Rhode Island General Laws |
| 16 42-12.4-1, et seq.; and |
| WHEREAS, Rhode Island General Laws section 42-7.2-5(3)(i) provides that the Secretary |
| of the Executive Office of Health and Human Services (“Executive Office”) is responsible for the |
| review and coordination of any Medicaid section 1115 demonstration waiver requests and renewals |
| as well as any initiatives and proposals requiring amendments to the Medicaid state plan or category |
| II or III changes as described in the demonstration, “with potential to affect the scope, amount, or |
| duration of publicly-funded health care services, provider payments or reimbursements, or access |
| to or the availability of benefits and services provided by Rhode Island general and public laws”; |
| and |
| WHEREAS, Implementation of adjustments may require amendments to the Rhode |
| Island’s Medicaid state plan and/or section 1115 waiver under the terms and conditions of the |
| demonstration. Further, adoption of new or amended rules, regulations and procedures may also be |
| required to allow a pharmacist to prescribe hormonal contraceptives, including contraceptive |
| counseling; now, therefore be it |
| RESOLVED, That this General Assembly hereby approves the proposal stated above; and |
| be it further |
| RESOLVED, That the Secretary of the Executive Office of Health and Human Services is |
| hereby authorized and directed to pursue and implement any waiver amendments, state plan |
| amendment, and/or changes to the applicable department's rules, regulations and procedures |
| approved herein and as authorized by Chapter 12.4 of Title 42 as soon as practicable; and be it |
| further |
| RESOLVED, That this Joint Resolution shall take effect on July 1, 2023. |
| SECTION 3. Section 1 of this act would take effect on January 1, 2024 and section 2 would |
| take effect upon passage. |
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| LC001050/SUB A/2 |
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