2023 -- H 5282 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES

     Introduced By: Representatives Vella-Wilkinson, Noret, Morales, Diaz, Lima, Donovan,

     Date Introduced: February 01, 2023

     Referred To: House Health & Human Services

     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 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 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

practitioner; and

     (4) Notify the patients 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 providers to

contract regarding follow-up care.

     (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 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 provider.

     (f) The Rhode Island state pharmacy board 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. 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

LC001123/SUB A/4 - Page 2 of 4

     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. This act shall take effect on January 1, 2024 Section 1 of this act would take

effect on January 1, 2024 and section 2 would take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES

***

     This act would authorize a pharmacist to prescribe and dispense hormonal contraceptives,

provided that the pharmacist has completed a training program approved by the state board of

pharmacy.

     This act would take effect January 1, 2024 Section 1 of this act would take effect on

January 1, 2024 and section 2 would take effect upon passage.

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