Indiana 2023 Regular Session

Indiana Senate Bill SB0206 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. 206
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 self-administered
9	9	hormonal contraceptives (contraceptives). Establishes requirements for
10	10	pharmacists who prescribe and dispense contraceptives. Requires the
11	11	Indiana board of pharmacy (board) to adopt rules. Allows the state
12	12	health commissioner to issue a standing order that concerns standard
13	13	procedures for the prescribing of contraceptives by pharmacists that is
14	14	effective until the board adopts rules. Requires health plans to provide
15	15	coverage for contraceptives and certain services. Establishes an
16	16	exception for nonprofit religious employers.
17	17	Effective: July 1, 2023.
18	18	Breaux
19	19	January 10, 2023, read first time and referred to Committee on Health and Provider
20	20	Services.
21	21	2023 IN 206—LS 6989/DI 77 Introduced
22	22	First Regular Session of the 123rd General Assembly (2023)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2022 Regular Session of the General Assembly.
32	32	SENATE BILL No. 206
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning
34	34	professions and occupations.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 25-26-25 IS ADDED TO THE INDIANA CODE
37	37	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
38	38	3 JULY 1, 2023]:
39	39	4 Chapter 25. Hormonal Contraceptives
40	40	5 Sec. 1. The definitions in IC 25-26-13-2 apply throughout this
41	41	6 chapter.
42	42	7 Sec. 2. As used in this chapter, "health plan" means:
43	43	8 (1) a policy of accident and sickness insurance (as defined in
44	44	9 IC 27-8-5-1); or
45	45	10 (2) an individual contract or a group contract with a health
46	46	11 maintenance organization under IC 27-13.
47	47	12 Sec. 3. As used in this chapter, "self-administered hormonal
48	48	13 contraceptive" means a drug:
49	49	14 (1) composed of a hormone or a combination of hormones
50	50	15 that is approved by the federal Food and Drug Administration
51	51	16 to prevent pregnancy; and
52	52	17 (2) that the patient to whom the drug is prescribed may
53	53	2023 IN 206—LS 6989/DI 77 2
54	54	1 administer to oneself or be administered by a pharmacist.
55	55	2 Sec. 4. A pharmacist may prescribe self-administered hormonal
56	56	3 contraceptives to a person, regardless of whether the person has
57	57	4 evidence of a previous prescription from a primary care
58	58	5 practitioner or women's health care practitioner for hormonal
59	59	6 contraceptives.
60	60	7 Sec. 5. (a) The board shall adopt rules under IC 4-22-2 before
61	61	8 January 1, 2024, to establish:
62	62	9 (1) in consultation with the Indiana department of health;
63	63	10 (2) in consideration of guidelines established by the Centers
64	64	11 for Disease Control and Prevention; and
65	65	12 (3) with the consultation of the medical licensing board of
66	66	13 Indiana;
67	67	14 standard procedures for the prescribing of self-administered
68	68	15 hormonal contraceptives by pharmacists.
69	69	16 (b) The rules adopted under this section must require a
70	70	17 pharmacist to do the following:
71	71	18 (1) Complete a training program approved by the board that
72	72	19 is related to prescribing self-administered hormonal
73	73	20 contraceptives. The board may adopt a training program
74	74	21 developed by another state.
75	75	22 (2) Provide a self-screening risk assessment tool that the
76	76	23 patient must use prior to the pharmacist's prescribing the
77	77	24 self-administered hormonal contraceptive to assess for
78	78	25 medical contraindications, including high blood pressure.
79	79	26 (3) Refer the patient to the patient's primary care practitioner
80	80	27 or women's health care practitioner, if one exists, upon
81	81	28 prescribing and dispensing the self-administered hormonal
82	82	29 contraceptive.
83	83	30 (4) Provide the patient with a written record of the
84	84	31 self-administered hormonal contraceptive prescribed and
85	85	32 dispensed and advise the patient to consult with a primary
86	86	33 care practitioner or women's health care practitioner.
87	87	34 (5) Dispense the self-administered hormonal contraceptive to
88	88	35 the patient as soon as practicable after the prescribing
89	89	36 pharmacist issues the prescription. This subdivision applies to
90	90	37 the dispensing pharmacist only.
91	91	38 (6) Inform the patient of the risks and benefits of
92	92	39 self-administered hormonal contraceptives and that the use of
93	93	40 a self-administered hormonal contraceptive does not protect
94	94	41 the patient against sexually transmitted diseases.
95	95	42 (c) The state health commissioner may issue a standing order
96	96	2023 IN 206—LS 6989/DI 77 3
97	97	1 that concerns standard procedures for the prescribing of
98	98	2 self-administered hormonal contraceptives by pharmacists and
99	99	3 that is effective until the board adopts rules under this section.
100	100	4 (d) All state and federal laws governing health insurance
101	101	5 coverage of contraceptive drugs, devices, products, and services
102	102	6 apply to self-administered hormonal contraceptives prescribed by
103	103	7 a pharmacist under this chapter.
104	104	8 Sec. 6. (a) A health plan must provide payment, coverage, or
105	105	9 reimbursement for:
106	106	10 (1) prescription contraceptives; and
107	107	11 (2) if covered for other drug benefits by the health plan,
108	108	12 outpatient consultations, including pharmacist consultations,
109	109	13 examinations, procedures, and medical services that are
110	110	14 necessary to prescribe, dispense, deliver, or distribute a
111	111	15 prescription contraceptive.
112	112	16 (b) The coverage required under subsection (a):
113	113	17 (1) may be subject to provisions of the health plan that apply
114	114	18 equally to other prescription drugs covered by the health
115	115	19 plan, including required copayments, deductibles, and
116	116	20 coinsurance; and
117	117	21 (2) must reimburse a health care provider or dispensing entity
118	118	22 for a dispensing of contraceptives intended to last for a twelve
119	119	23 (12) month period for subsequent dispensing of the same
120	120	24 contraceptive to the insured regardless of whether the insured
121	121	25 was enrolled in the program, plan, or policy at the time of the
122	122	26 first dispensing.
123	123	27 (c) A religious employer that is a nonprofit organization under
124	124	28 Section 6033(a)(3)(A)(i) or Section 6033(a)(3)(A)(iii) of the Internal
125	125	29 Revenue Code is exempt from the requirements of this section with
126	126	30 respect to a health plan it provides to its employees.
127	127	2023 IN 206—LS 6989/DI 77