An Act to Increase Access to Birth Control by Making Certain Contraception Available over the Counter
Maine Legislature, Session 131, LD 0351
Committee: Health Coverage, Insurance and Financial Services
Sponsors: BRAKEY, BOYER, HICKMAN, KEIM, ANDREWS, FREDERICKS, RUDNICKI, SHAW

Legislative Document
No. 351
S.P. 158
In Senate, January 31, 2023
An Act to Increase Access to Birth Control by Making Certain 
Contraception Available over the Counter
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.
Cosponsored by Representative BOYER of Poland and
Senators: HICKMAN of Kennebec, KEIM of Oxford, Representatives: ANDREWS of Paris, 
FREDERICKS of Sanford, RUDNICKI of Fairfield, SHAW of Auburn.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA c. 117, sub-c. 12-A is enacted to read:
SUBCHAPTER 12-A
DISPENSING OF CONTRACEPTIVES
§13826.  Authorization to dispense contraceptives
1.  Definitions.  As used in this subchapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Hormonal contraceptive patch" means a transdermal patch applied to the skin of a 
patient, by the patient or by a practitioner, that releases a drug composed of a 
combination of hormones that is approved by the United States Food and Drug 
Administration to prevent pregnancy.
B.  "Self-administered oral hormonal contraceptive" means a drug composed of 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 takes orally.
2.  Authorization.  In accordance with the requirements set forth in subsection 3, a 
pharmacist may prescribe and dispense hormonal contraceptive patches or 
self-administered oral hormonal contraceptives to a person who has evidence of a previous 
prescription from a practitioner for a hormonal contraceptive patch or self-administered 
oral hormonal contraceptive.
3.  Requirements for prescribing and dispensing contraceptives.  In order to 
prescribe and dispense contraceptives under this section, a pharmacist must:
A.  Complete a training program approved by the board that is related to prescribing 
hormonal contraceptive patches and self-administered oral hormonal contraceptives;
B.  Refer the patient to the patient's practitioner upon prescribing and dispensing the 
hormonal contraceptive patch or self-administered oral hormonal contraceptive;
C.  Provide the patient with a written record of the hormonal contraceptive patch or 
self-administered oral hormonal contraceptive prescribed and dispensed and advise the 
patient to consult with a practitioner; and
D.  Dispense the hormonal contraceptive patch or self-administered oral hormonal 
contraceptive to the patient as soon as practicable after the pharmacist issues the 
prescription.
4.  Prohibition.  A pharmacist may not require a patient to schedule an appointment 
with the pharmacist for the prescribing or dispensing of a hormonal contraceptive patch or 
self-administered oral hormonal contraceptive.
5.  Rulemaking.  The board shall adopt rules to establish standard procedures for the 
prescribing of hormonal contraceptive patches and self-administered oral hormonal 
contraceptives by pharmacists. Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill authorizes pharmacists to prescribe and dispense hormonal contraceptive 
patches and self-administered oral hormonal contraceptives to a person who has evidence 
of a previous prescription from a practitioner for a hormonal contraceptive patch or 
self-administered oral hormonal contraceptive.