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An Act To Make Certain Contraception Available over the Counter
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA c. 117, sub-c. 12-A  is enacted to read:
SUBCHAPTER 12-A
DISPENSING OF CONTRACEPTIVES
§ 13826. Authorization to dispense contraceptives
 
1.  Definitions.     As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Hormonal contraceptive patch" means a transdermal patch applied to the skin of a patient, by the patient or by a practitioner, that releases a drug composed of a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy.
 
B.  "Self-administered oral hormonal contraceptive" means a drug composed of a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that the patient to whom the drug is prescribed takes orally.
 
2.  Authorization.     In accordance with the requirements set forth in subsection 3, a pharmacist may prescribe and dispense hormonal contraceptive patches or self-administered oral hormonal contraceptives to a person who has evidence of a previous prescription from a practitioner for a hormonal contraceptive patch or self-administered oral hormonal contraceptive.
 
3.  Requirements for prescribing and dispensing contraceptives.     In order to prescribe and dispense contraceptives under this section, a pharmacist must:
 
A.  Complete a training program approved by the board that is related to prescribing hormonal contraceptive patches and self-administered oral hormonal contraceptives;
 
B.  Refer the patient to the patient's practitioner upon prescribing and dispensing the hormonal contraceptive patch or self-administered oral hormonal contraceptive;
 
C.  Provide the patient with a written record of the hormonal contraceptive patch or self-administered oral hormonal contraceptive prescribed and dispensed and advise the patient to consult with a practitioner; and
 
D.  Dispense the hormonal contraceptive patch or self-administered oral hormonal contraceptive to the patient as soon as practicable after the pharmacist issues the prescription.
 
4.  Prohibition.     A pharmacist may not require 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.
 
5.  Rulemaking.     The board shall adopt rules to establish standard procedures for the prescribing of hormonal contraceptive patches and self-administered oral hormonal contraceptives by pharmacists. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill authorizes pharmacists to prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives to a person who has evidence of a previous prescription from a practitioner for a hormonal contraceptive patch or self-administered oral hormonal contraceptive.