New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 6 - GENERAL RULES OF PRACTICE › Section 13:35-6.28 - Furnishing of self-administered hormonal contraceptives by pharmacists

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pharmacist shall be authorized to furnish self-administered hormonal contraceptives to a patient, in accordance with standardized procedures and protocols jointly developed and approved by the Board and the Board of Pharmacy as set forth at N.J.A.C. 13:39-6.28 Appendix (Protocol), a standing order issued by a licensed physician pursuant to the Protocol, and the rules of the Board of Pharmacy. If the licensed physician issuing the standing order is the New Jersey Commissioner of Health or a designee of the New Jersey Commissioner of Health, the standing order may have Statewide effect.
(b) In order to be authorized to furnish self-administered hormonal contraceptives pursuant to the Protocol, a pharmacist must successfully complete a training program meeting the requirements at (c) below that is at least four credits and that trains the pharmacist to screen patients to determine eligibility for the self-administered hormonal contraceptives authorized at N.J.A.C. 13:39-14.3, to select a self-administered hormonal contraceptive, and to counsel patients. A training program that provides education only on the pharmacology of contraceptives is not sufficient to satisfy the requirements of this subsection.
(c) The Board shall recognize training programs that meet the requirements at (b) above and are:
1. Offered at a college of pharmacy accredited by the Accreditation Council for Pharmacy Education;
2. Offered by an Accreditation Council for Pharmacy Education-approved provider; and
3. Of comparable scope and rigor to courses accredited by the Accreditation Council for Pharmacy Education and be approved by the Board of Pharmacy pursuant to N.J.A.C. 13:39-3A.6 and by the Board.
APPENDIX
Pharmacist Hormonal Contraceptives Protocol
Background
On January 13, 2023, Governor Phil Murphy signed into law P.L. 2023, c. 2 (codified at N.J.S.A. 45:14-67.9), which states:
"Notwithstanding any other law to the contrary, a pharmacist shall be authorized to furnish self-administered hormonal contraceptives to a patient, in accordance with standardized procedures and protocols to be jointly developed and approved by the Board of Pharmacy and the State Board of Medical Examiners, in consultation with the American Congress of Obstetricians and Gynecologists, the New Jersey Pharmacists Association, and other appropriate entities, and in accordance with the 'Administrative Procedure Act,' P.L.1968, c.410 (C.52:14B-1 et seq.) and the provisions of this subsection."
This protocol ("Protocol") was developed jointly by the State Board of Medical Examiners and the Board of Pharmacy after consulting with professional associations and other appropriate entities. It was approved by the State Board of Medical Examiners on
April 10, 2024 and by the Board of Pharmacy on April 24, 2024.
Pursuant to this Protocol, the Commissioner of the New Jersey Department of Health (or the Commissioner's designee) issued a statewide standing order authorizing New Jersey licensed pharmacists to furnish self-administered hormonal contraceptives to patients without an individual prescription. The State Board of Medical Examiners regulations implementing the Protocol are found at N.J.A.C. 13:35-6.28. The Board of Pharmacy regulations implementing the Protocol are found at N.J.A.C. 13:39-14.1 through 14.7.
A pharmacist who furnishes self-administered hormonal contraceptives pursuant to a standing order must follow this Protocol and the regulations of the Board of Pharmacy. Copies of all documents and templates referenced in this Protocol are available on the Board of Pharmacy's website at
http://www.njconsumeraffairs.gov/phar/Pages/default.aspx
.
Pharmacist Authorization
In order for a pharmacist to be authorized to furnish self-administered hormonal contraceptives pursuant to this Protocol, the pharmacist shall:
1. Complete a training program compliant with N.J.A.C. 13:39-14.7;
2. Affirm, in writing, that the pharmacist has completed a training program compliant with N.J.A.C. 13:39-14.7 and will follow pertinent guidelines offered by the Federal Centers for Disease Control and Prevention, including the United States Medical Eligibility Criteria for Contraceptive Use. This written affirmation shall be retained by the pharmacist and a copy shall be retained by the pharmacy as a medical record pursuant to N.J.A.C. 13:39-14.6; and
3. Submit to the Board:
i. The pharmacist's written affirmation from 2 above; and
ii. A certificate of completion of the training course required by 1 above.
A pharmacist must keep a written copy of this Protocol and the standing order under which the pharmacist furnishes hormonal contraceptives at each pharmacy practice site at which the pharmacist furnishes self-administered hormonal contraceptives. This Protocol must include the names of each pharmacist authorized pursuant to N.J.A.C. 13:39-14 to furnish self-administered hormonal contraceptives at the pharmacy practice site on the final page. The pharmacist must make a copy of the Protocol and the standing order available upon the request of a representative of the Board of Pharmacy.
A pharmacist who is authorized to furnish a self-administered hormonal contraceptive pursuant to this protocol is prohibited from delegating the furnishing of hormonal contraceptives to any other person. A pharmacy intern or pharmacy technician may prepare the self-administered hormonal contraceptive for dispensing, but the steps at N.J.A.C. 13:39-14.4 and 14.5(a) through (f) must be completed by the pharmacist authorized to furnish a hormonal contraceptive pursuant to this Protocol.
A pharmacist authorized to furnish hormonal contraceptives pursuant to this subchapter shall comply with mandatory child abuse reporting obligations at N.J.S.A. 9:6-8.10, including but not limited to, reports of sexual offenses at N.J.S.A. 2C:14-1 et seq.
Hormonal Contraceptives Authorized Pursuant to this Protocol
Pharmacists may furnish the following self-administered hormonal contraceptives pursuant to this Protocol:
1. Combined oral contraceptive pill;
2. Progestin-only oral contraceptive pill;
3. Patch;
4. Ring; and
5. Injectable hormonal contraceptive.