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House Engrossed Senate Bill
pharmacists; dispensing authority; hormonal contraceptives |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SENATE BILL 1082 |
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AN ACT
Amending title 32, chapter 18, article 3, Arizona Revised Statutes, by adding section 32-1979.01; relating to the Arizona state board of pharmacy.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 18, article 3, Arizona Revised Statutes, is amended by adding section 32-1979.01, to read:
32-1979.01. Self-administered hormonal contraceptives; requirements; rules; immunity; definition
A. A pharmacist may dispense a self-administered hormonal contraceptive to a patient who is at least eighteen years of age pursuant to a standing prescription drug order made in accordance with subsection B of this section and without any other patient-specific prescription drug order.
B. A prescriber who is licensed to prescribe a self-administered hormonal contraceptive, including a person acting in the prescriber's capacity as an employee of the department of health services or a county health department, may issue a standing prescription drug order authorizing the dispensing of a self-administered hormonal contraceptive. This subsection does not create a duty to act or standard of care for an employee of the department of health services to issue a standing order for a hormonal contraceptive.
C. The board, in conjunction with the department of health services and in consultation with a national professional organization specializing in obstetrics and gynecology, shall adopt rules to establish standard procedures for pharmacists to dispense self-administered hormonal contraceptives pursuant to this section. The standard procedures shall require a pharmacist to do Both of the following:
1. Obtain a completed nationally recognized self-screening risk assessment from each patient before dispensing the self-administered hormonal contraceptive to the patient.
2. Provide the patient with information about the self-administered hormonal contraceptive that is dispensed to the patient.
D. A pharmacist or prescriber acting reasonably and in good faith in dispensing or prescribing a self-administered hormonal contraceptive pursuant to this section is not liable for any civil damages for acts or omissions resulting from dispensing that self-administered hormonal contraceptive.
E. All state and federal laws governing insurance coverage of contraceptive drugs, devices, products and services apply to self-administered hormonal contraceptives that are prescribed and dispensed pursuant to this section.
F. This section does not apply to a valid patient-specific prescription for a hormonal contraceptive that is issued by an authorized prescriber and dispensed by a pharmacist pursuant to that valid prescription.
G. For the purposes of this section:
1. "Primary care provider" means a physician who is licensed pursuant to chapter 13, 14 or 17 of this title, a nurse practitioner who is licensed pursuant to chapter 15 of this title or a physician assistant who is licensed pursuant to chapter 25 of this title.
2. "Self-administered hormonal contraceptive":
(a) Means a self-administered hormonal contraceptive that is approved by the United States food and drug administration to prevent pregnancy.
(b) Includes an oral hormonal contraceptive, a hormonal contraceptive vaginal ring and a hormonal contraceptive patch.