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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 158 - L.D. 351
An Act to Increase Access to Birth Control by Making Certain
Contraception Accessible from a Pharmacist
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA c. 117, sub-c. 12-A
SUBCHAPTER 12-A
PRESCRIBING, DISPENSING AND ADMINISTERING CONTRACEPTIVES
ยง13826. Authorization to prescribe, dispense and administer contraceptives
1. Definitions. As used in this subchapter, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Injectable hormonal contraceptive" means a drug composed of a hormone or a
combination of hormones that is approved by the United States Food and Drug
Administration to prevent pregnancy and that is administered by injection.
B. "Self-administered hormonal contraceptive" means a drug composed of a single
hormone or 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 may self-administer. "Self-administered hormonal contraceptive" includes
an oral hormonal contraceptive, a hormonal vaginal ring and a hormonal contraceptive
patch.
2. Authorization. A pharmacist may prescribe, dispense or administer a self-
administered hormonal contraceptive or injectable hormonal contraceptive in accordance
with the requirements set forth in subsection 3.
3. Requirements. In order to prescribe, dispense or administer contraceptives under
this section, a pharmacist shall:
A. Successfully complete a training program approved by the board related to
prescribing, dispensing and administering contraceptives that reflects evidence-based
APPROVED
JUNE 1, 2023
BY GOVERNOR
CHAPTER
115
PUBLIC LAW Page 2 - 131LR0622(03)
medical eligibility guidelines for contraceptive use and best practices to counsel
patients;
B. Obtain a certificate of authorization issued by the board pursuant to subsection 4;
C. Obtain a completed self-screening risk assessment from a patient prior to counseling
the patient and issuing a prescription to the patient for a self-administered hormonal
contraceptive or injectable hormonal contraceptive. The self-screening risk assessment
and counseling provided by a pharmacist must be based on evidence-based medical
eligibility guidelines for contraceptive use and best practices to counsel patients;
D. Refer the patient to the patient's practitioner upon dispensing a self-administered
hormonal contraceptive or administering an injectable hormonal contraceptive or, if
the patient does not have a practitioner responsible for the patient's regular care, advise
the patient to consult a practitioner;
E. Provide the patient with a written record of the prescribed self-administered
hormonal contraceptive or injectable hormonal contraceptive; and
F. Dispense the self-administered hormonal contraceptive or administer the injectable
hormonal contraceptive to the patient as soon as practicable after the pharmacist issues
the prescription.
4. Certificate of authorization. A pharmacist shall apply in the form prescribed by
the board and submit a certificate fee as set forth in section 13724 for a certificate of
authorization to prescribe, dispense and administer contraceptives pursuant to this section.
The certificate of authorization expires and is subject to conditions in the same manner as
in section 13734. The board shall issue a certificate of authorization to a pharmacist who
holds a valid unrestricted license in this State and who submits evidence acceptable to the
board that the pharmacist has completed the training described in subsection 3, paragraph
A.
5. Rulemaking. The board shall adopt rules to implement the requirements of this
section. Rules adopted pursuant to this subsection are routine technical rules as defined in
Title 5, chapter 375, subchapter 2-A.