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Introduced Version House Bill 2583 History

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FISCAL NOTEWEST virginia legislature

2019 regular session

Introduced

House Bill 2583

By  Delegates, Hill, Ellington, Pushkin, Rohrbach, Fleischauer, Walker, Staggers, McGeehan, Summers and Doyle

[Introduced January 22, 2019; Referred
to the Committee on Health and Human Resources.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-56-1, §16-56-2, §16-56-3, §16-56-4, and §16-56-5, all relating to permitting a pharmacist to dispense a self-administered hormonal contraceptive under a standing prescription drug order.

Be it enacted by the Legislature of West Virginia:


Article 56. FAMILY PLANNING ACCESS ACT.

§16-56-1. Definitions.


As used in this article:

“Dispense” means the same as that term is defined in §30-5-4.

“Patient counseling” means the same as that term is defined in §30-5-4.

“Pharmacist” means the same as that term is defined in §30-5-4.

“Pharmacy intern” means the same as that term is defined in §30-5-4.

“Physician” means the same as that term is defined in §30-3E-1.

“Self-administered hormonal contraceptive” means a self-administered hormonal contraceptive that is approved by the United States Food and Drug Administration to prevent pregnancy that includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch.


§16-56-2. Voluntary participation.

This article does not create a duty or standard of care for a person to prescribe or dispense a self-administered hormonal contraceptive.


§16-56-3. Authorization to dispense self-administered hormonal contraceptives.

A pharmacist licensed under §30-5-1 et seq. of this code may dispense a self-administered hormonal contraceptive: to a patient who is 18 years old or older; pursuant to a standing prescription drug order made in accordance with §16-56-4 this code without any other prescription drug order from a person licensed to prescribe a self-administered hormonal contraceptive; and in accordance with the dispensing guidelines in §16-56-5 of this code.


§16-56-4. Standing prescription drug orders for a self-administered hormonal contraceptive.

The state health officer may prescribe on a statewide basis a self-administered hormonal contraceptive by one or more standing orders in accordance with a protocol that requires:

(1) The physician to specify the persons, by professional license number, authorized to dispense the self-administered hormonal contraceptive;

(2) The Board of Medicine to review at least annually the dispensing practices of the pharmacists dispensing the self-administered hormonal contraceptive;

(3) The pharmacist to make and retain a record of each person to whom the self-administered hormonal contraceptive is dispensed, including:

(A) The name of the person;

(B) The drug dispensed; and

(C) Other relevant information.


§16-56-5. Guidelines for dispensing a self-administered hormonal contraceptive.

(a) A pharmacist who dispenses a self-administered hormonal contraceptive under this article:

(1) Shall obtain a completed self-screening risk assessment questionnaire, that has been approved by the State Health Officer in collaboration with the Board of Pharmacy and the Board of Medicine, from the patient before dispensing the self-administered hormonal contraceptive;

(2) If the results of the evaluation indicate that it is unsafe to dispense a self-administered hormonal contraceptive to a patient:

(A) May not dispense a self-administered hormonal contraceptive to the patient; and

(B) Shall refer the patient to a health care practitioner or local health department;

(3) May not continue to dispense a self-administered hormonal contraceptive to a patient for more than 24 months after the date of the initial prescription without evidence that the patient has consulted with a health care practitioner during the preceding 24 months; and

(4) Shall provide the patient with:

(A) Written information regarding:

(i) The importance of seeing the patient's primary care practitioner or women's health care practitioner to obtain recommended tests and screening; and

(ii) The effectiveness and availability of long-acting reversible contraceptives as an alternative to self-administered hormonal contraceptives; and

(B) A copy of the record of the encounter with the patient that includes:

(i) The patient's completed self-assessment tool; and

(ii) A description of the contraceptives dispensed, or the basis for not dispensing a contraceptive.

(b) If a pharmacist dispenses a self-administered hormonal contraceptive to a patient, the pharmacist shall, at a minimum, provide patient counseling to the patient regarding:

(1) The appropriate administration and storage of the self-administered hormonal contraceptive;

(2) Potential side effects and risks of the self-administered hormonal contraceptive;

(3) The need for backup contraception;

(4) When to seek emergency medical attention; and

(5) The risk of contracting a sexually transmitted infection or disease, and ways to reduce the risk of contraction.

 

NOTE: The purpose of this bill is permit a pharmacist to dispense a self-administered hormonal contraceptive under a standing prescription drug order.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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