An Act to Inciease Access to Birth Control by Makmg Certam Contracept10n Available over the Counter
Maine Legislature, Session 131, LD 0351
Committee Amendment CA_A_S82 (Senate)

COMMITTEE AMENDMENT" A "to SP 158, L D 351, "An Act to Inciease 
Access to Birth Control by Makmg Certam Contracept10n Available over the Counter" 
Amend the bill by strtkmg out the title and substitutmg the followmg 
'An Act to Increase Access to Birth Control by Making Certam Contracept10n 
Accessible from a PharmacJSt' 
Amend the bill by strikmg out everything after the enactmg clause and msertmg the 
followmg 
'Sec. 1 32 MRSA c.117, sub-c.12-A 1s enacted to read 
SUBCHAPTER 12-A 
PRESCRIBING, DISPENSING AND ADMINISTERING CONTRACEPTIVES 
§13826. Authorization to prescnbe, dispense and admmJSter contraceptives 
1. Defimtaons. As used m this subchapter, unless the context otherwise indicates, the 
followmg terms have the following meamngs 
A "lmectable hormonal contraceptive" means a drug composed of a hormone or a 
combmatlon of honnones that 1s approved by the Umted States Food and Drug 
Admm1strat10n to prevent pregnancy and that 1s admm1stered by imectton 
B 
"Self-admllllstered hormonal contraceptive" means a drug composed of a smgle 
hormone or a combmat10n of hormones that 1s approved by the Umted States Food and 
Drug Achmmstrat1on to p1event pregnancy and that the patient to whom the drug 1s 
prescribed may self-adm1mster "Self-admm1stered hormonal contraceptive" mcludes 
an oral hormonal contraceptive, a hormonal vagmal nng and a hormonal contraceptive 
patch 
Page l - 131LR0622(02) 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "ft "to SP 158, L D 351 { 'y~2,) 
2. 
Authorization. A phannacist may prescribe, dispense or admmister a self-
admmistered hormonal contraceptive or imectable hormonal contraceptive m accordance 
with the reqmrements set forth in subsection 3 
3. Reqmrements In order to prescribe, dispense or admmister contraceptives under 
this section, a pharmacist shall 
A 
Successfully complete a trainmg program approved by the board related to 
prescribmg, dispensing and admmistering contraceptives that reflects evidence-based 
medical eligibility gmdehnes for contraceptive use and best practices to counsel 
patients, 
B Obtam a certificate of authorization issued by the board pursuant to subsection 4, 
C Obtam a completed self-screemng risk assessment from a patient prior to counseling 
the patient and issuing a prescript10n to the patient for a self-administei ed honnonal 
contraceptive or imectable hormonal contraceptive The self-screenmg risk assessment 
and counseling provided by a pharmacist must be based on evidence-based medical 
eligibility gmdelmes for contraceptive use and best practices to counsel patients, 
D Refer the patient to the patient's practtt10ner upon dispensing a self-admmistered 
hormonal contraceptive or adm1mstenng an 1mectable hormonal contraceptive or, if 
the patient does not have a pract1t10ner responsible foi the patient's regular crue, advise 
the patient to consult a practitioner, 
E 
Provide the patient with a wntten record of the prescnbed self-adm1mstered 
hormonal contraceptive or m1ectable hormonal contraceptive, and 
F Dispense the self-admlilstered hormonal contraceptive or admimster the 1mectable 
hormonal contraceptive to the patient as soon as practicable after the pharmacist issues 
the prescript10n 
Certificate of authorIZatron. A phannacist shall apply m the form prescnbed by 
the board and submit a certificate fee as set forth m section 13724 for a certificate of 
authonzatton to prescribe, dispense and admmister contraceptives pursuant to this section 
The certificate of authonzation expires and 1s sub1ect to cond1t1ons m the same manner as 
m section 13734 The board shall issue a certificate of authorizat10n to a pharmacist who 
holds a vahd unrestricted license m tlus State and who submits evidence acceptable to the 
board that the pharmacist has completed the trammg described m subsection 3, paragraph 
A 
5. Rulemakmg. The board shall adopt rules to tmplement the reqmrements of this 
section Rules adopted pursuant to this subsect10n are routine techmcal rules as defined m 
Title 5, chapter 375, subchapter 2-A' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment replaces the bill The amendment authorizes pharmacists to prescribe, 
dispense and administer contraceptives m accordance with the followmg 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT"/} "to SP 158, L D 351 {~ '6Z..) 
The amendment penmts a pharmacist to issue prescriptions for self-admmistered 
honnonal contraceptives, mcludmg oral hormonal contraceptive pills, vagmal rmgs and 
honnonal contraceptive patches, and mJectable hormonal contraceptives 
The amendment requires a pharmacist to complete a trammg program approved by 
the Mame Board of Pharmacy that reflects evidence-based medical ehgibihty guidelmes 
for contraceptive use 
The amendment requires a pharmacist to obtam a completed self-screening risk 
assessment from a patient prior to 1ssumg a prescription 
The amendment requires a pharmacist to refer a patient to the patient's piactitloner 
upon prescribmg and, if the patient does not have a practitioner, to advise the patient to 
consult a practitioner "Practitioner" is defined m the Mame Pharmacy Act as an individual 
who is hcensed, registered or otherwise authorized to prescribe and admimstei drugs m the 
course of professional practice 
The amendment requires a phannac1st to provide a patient with a written record of a 
prescribed contraceptive 
The amendment requires the Mame Board of Pharmacy to adopt 1IDplementmg rules 
This amendment removes the language mcluded m the bill that prohibited a pharmacist 
from requirmg a patient to schedule an appointment 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 04/27/23 ~ae 
LD351 
LR 622(02) 
An Act to Increase Access to Birth Control by Making Certam Contraception A vadable over the 
Counter 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ';4' ( S· (J2. "") 
Committee: Health Coverage, Insurance and Fmancial SerVIces 
Fiscal Note Reqmred: Yes 
Fiscal Note 
Mmor cost mcrease - Other Special Revenue Funds 
Addit10nal costs to the Mame Board of Pharmacy withm the Department of Profess10nal and Fmancial Regulation, 
Office of Professional and Occupational Regulation to implement the requirements of this legislat10n can be absorbrn 
withm existing budgeted resources 
LR0622(02) • Fiscal Note - Page I of I