Indiana 2023 Regular Session

Indiana Senate Bill SB0153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 153
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 25-26-25.
7	7	Synopsis: Pharmacist contraceptive prescriptions. Allows pharmacists
8	8	who meet certain requirements to prescribe and dispense hormonal
9	9	contraceptive patches and self-administered oral hormonal
10	10	contraceptives (contraceptives). Establishes requirements for
11	11	pharmacists who prescribe and dispense contraceptives. Requires the
12	12	Indiana board of pharmacy (board) to adopt rules. Requires health
13	13	plans to provide coverage for contraceptives and certain services.
14	14	Establishes an exception for nonprofit religious employers. Requires
15	15	the board to issue an annual report to the legislative council.
16	16	Effective: July 1, 2023.
17	17	Charbonneau
18	18	January 9, 2023, read first time and referred to Committee on Health and Provider
19	19	Services.
20	20	2023 IN 153—LS 6554/DI 77 Introduced
21	21	First Regular Session of the 123rd General Assembly (2023)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2022 Regular Session of the General Assembly.
31	31	SENATE BILL No. 153
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning
33	33	professions and occupations.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 25-26-25 IS ADDED TO THE INDIANA CODE
36	36	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
37	37	3 JULY 1, 2023]:
38	38	4 Chapter 25. Hormonal Contraceptives
39	39	5 Sec. 1. It is the policy of the state to promote and support
40	40	6 measures that will reduce the number of abortions in Indiana.
41	41	7 Sec. 2. The definitions in IC 25-26-13-2 apply to this chapter.
42	42	8 Sec. 3. As used in this chapter, "health plan" means:
43	43	9 (1) a policy of accident and sickness insurance (as defined in
44	44	10 IC 27-8-5-1); or
45	45	11 (2) an individual contract or a group contract with a health
46	46	12 maintenance organization under IC 27-13.
47	47	13 Sec. 4. As used in this chapter, "hormonal contraceptive patch"
48	48	14 means a transdermal patch applied to the skin of a patient, by the
49	49	15 patient or by a pharmacist, that releases a drug composed of a
50	50	16 combination of hormones that is approved by the federal Food and
51	51	17 Drug Administration to prevent pregnancy.
52	52	2023 IN 153—LS 6554/DI 77 2
53	53	1 Sec. 5. As used in this chapter, "self-administered oral hormonal
54	54	2 contraceptive" means a drug:
55	55	3 (1) composed of a hormone or a combination of hormones
56	56	4 that is approved by the federal Food and Drug Administration
57	57	5 to prevent pregnancy; and
58	58	6 (2) that the patient to whom the drug is prescribed may take
59	59	7 orally to administer to herself.
60	60	8 The term includes hormonal contraceptive pills.
61	61	9 Sec. 6. A pharmacist who meets the requirements under this
62	62	10 chapter may prescribe and dispense hormonal contraceptive
63	63	11 patches and self-administered oral hormonal contraceptives to a
64	64	12 patient who is at least eighteen (18) years of age, regardless of
65	65	13 whether the patient has evidence of a previous prescription from
66	66	14 a primary care practitioner or women's health care practitioner
67	67	15 for a hormonal contraceptive patch or self-administered oral
68	68	16 hormonal contraceptive.
69	69	17 Sec. 7. (a) Before January 1, 2024, the board shall adopt rules
70	70	18 under IC 4-22-2 to establish:
71	71	19 (1) in consultation with the Indiana department of health;
72	72	20 (2) in consideration of guidelines established by federal
73	73	21 Centers for Disease Control and Prevention; and
74	74	22 (3) with the approval of the medical licensing board of
75	75	23 Indiana;
76	76	24 standard procedures for the prescribing of hormonal contraceptive
77	77	25 patches and self-administered oral hormonal contraceptives by
78	78	26 pharmacists.
79	79	27 (b) The rules adopted under this section must require a
80	80	28 pharmacist to do the following:
81	81	29 (1) Complete a training program approved by the board that
82	82	30 is related to prescribing hormonal contraceptive patches and
83	83	31 self-administered oral hormonal contraceptives. The board
84	84	32 may adopt a training program developed by another state.
85	85	33 (2) Provide a self-screening risk assessment tool that the
86	86	34 patient must use prior to the pharmacist's prescribing the
87	87	35 hormonal contraceptive patch or self-administered oral
88	88	36 hormonal contraceptive to assess for medical
89	89	37 contraindications, including high blood pressure.
90	90	38 (3) Require that the pharmacist take the patient's blood
91	91	39 pressure before prescribing the hormonal contraceptive patch
92	92	40 or self-administered oral hormonal contraceptive.
93	93	41 (4) Refer the patient to the patient's primary care practitioner
94	94	42 or women's health care practitioner upon prescribing and
95	95	2023 IN 153—LS 6554/DI 77 3
96	96	1 dispensing the hormonal contraceptive patch or
97	97	2 self-administered oral hormonal contraceptive. However, if
98	98	3 the patient does not have a primary care practitioner or
99	99	4 women's health care practitioner, the pharmacist shall
100	100	5 provide the patient with local resources to find a practitioner.
101	101	6 (5) Provide the patient with a written record of the hormonal
102	102	7 contraceptive patch or the self-administered oral hormonal
103	103	8 contraceptive prescribed and dispensed and advise the patient
104	104	9 to consult with a primary care practitioner or women's health
105	105	10 care practitioner.
106	106	11 (6) Recommend that the patient have a clinical visit with a
107	107	12 primary care practitioner or women's health care practitioner
108	108	13 for a women's health examination at least every two (2) years.
109	109	14 (7) Require the dispensing pharmacist to dispense the
110	110	15 hormonal contraceptive patch or self-administered oral
111	111	16 hormonal contraceptive to the patient as soon as practicable
112	112	17 after the pharmacist issues the prescription.
113	113	18 (8) Inform the patient of the risks and benefits of the use of a
114	114	19 hormonal contraceptive patch or self-administered oral
115	115	20 hormonal contraceptive and that the contraceptive does not
116	116	21 protect the patient against a sexually transmitted disease.
117	117	22 (c) The rules adopted under this section must prohibit a
118	118	23 pharmacist from the following:
119	119	24 (1) Requiring a patient to schedule an appointment with the
120	120	25 pharmacist for the prescribing or dispensing of a hormonal
121	121	26 contraceptive patch or self-administered oral hormonal
122	122	27 contraceptive.
123	123	28 (2) Prescribing a drug that is considered to be an
124	124	29 abortifacient.
125	125	30 (d) All state and federal laws governing insurance coverage of
126	126	31 contraceptive drugs, devices, products, and services apply to
127	127	32 hormonal contraceptive patches and self-administered oral
128	128	33 hormonal contraceptives prescribed by a pharmacist under this
129	129	34 chapter.
130	130	35 (e) Notwithstanding subsection (a), if the board has not adopted
131	131	36 rules under this section before January 1, 2024, the board may
132	132	37 adopt emergency rules under IC 4-22-2-37.1. Notwithstanding
133	133	38 IC 4-22-2-37.1(g), an emergency rule adopted by the board under
134	134	39 this subsection and in the manner provided by IC 4-22-2-37.1
135	135	40 expires on the date on which a rule that supersedes the emergency
136	136	41 rule is adopted by the board under IC 4-22-2-24 through
137	137	42 IC 4-22-2-36. This subsection expires July 1, 2024.
138	138	2023 IN 153—LS 6554/DI 77 4
139	139	1 Sec. 8. (a) A health plan must provide payment, coverage, or
140	140	2 reimbursement for:
141	141	3 (1) prescription hormonal contraceptive patches and
142	142	4 self-administered oral hormonal contraceptives; and
143	143	5 (2) if covered for other drug benefits by the health plan,
144	144	6 outpatient consultations, including pharmacist consultations,
145	145	7 examinations, procedures, and medical services that are
146	146	8 necessary to prescribe, dispense, deliver, or distribute a
147	147	9 prescription contraceptive.
148	148	10 (b) The coverage required in subsection (a):
149	149	11 (1) may be subject to provisions of the health plan that apply
150	150	12 equally to other prescription drugs covered by the health
151	151	13 plan, including required copayments, deductibles, and
152	152	14 coinsurance; and
153	153	15 (2) must reimburse a health care provider or dispensing entity
154	154	16 for a dispensing of contraceptives intended to last for a twelve
155	155	17 (12) month period for dispensings of the same hormonal
156	156	18 contraceptive patch or self-administered oral hormonal
157	157	19 contraceptive to the patient regardless of whether the insured
158	158	20 was enrolled in the program, plan, or policy at the time the
159	159	21 contraceptive was first dispensed.
160	160	22 (c) A religious employer that is a nonprofit organization under
161	161	23 Section 6033(a)(3)(A)(i) or Section 6033(a)(3)(A)(iii) of the Internal
162	162	24 Revenue Code is exempt from the requirements of this section with
163	163	25 respect to a health plan it provides to its employees.
164	164	26 Sec. 9. (a) Beginning in 2025, the board shall submit an annual
165	165	27 report before February 15 to the legislative council that evaluates
166	166	28 the effectiveness and use of the laws under this chapter by
167	167	29 pharmacists and patients during the previous calendar year. The
168	168	30 report may include legislative recommendations.
169	169	31 (b) The report must be delivered in an electronic format under
170	170	32 IC 5-14-6.
171	171	2023 IN 153—LS 6554/DI 77