With the beginning of a new year, pharmacies and pharmacists must prepare for changes at various levels including with their state Boards of Pharmacy, such as new laws taking effect that can directly impact them. One example is Connecticut, whereas of December 27, 2024, pharmacists can now prescribe and dispense hormonal and emergency contraceptives. The new rule, which is codified under the Connecticut General Statute of Consumer Protection 20-633k-1 to 20-633k-10, sets out requirements of pharmacists for prescribing and dispensing emergency contraceptives or hormonal contraceptives. With these changes, Connecticut joins a host of numerous other states which currently allow pharmacists to prescribe and dispense these items under certain circumstances.
What Licensees Should Know About Prescribing and Dispensing Hormonal and Emergency Contraceptives
Thirty states and the District of Columbia allow pharmacists to prescribe and dispense hormonal and emergency contraceptives. While the rules vary from state to state, generally, a pharmacist licensed in one of these states or the District of Columbia is permitted to prescribe contraceptives. However, each state has nuanced requirements a pharmacist must follow before prescribing a contraceptive. Pharmacists are strongly encouraged to closely review the laws of the state in which they practice to ensure they are fully compliant before prescribing or dispensing a contraceptive.
A. Training Requirements
One example of a requirement pharmacists must complete prior to prescribing hormonal contraceptives and emergency contraceptives is the completion of an educational training program. A pharmacist in Connecticut must complete a training program accredited by the Accreditation Council for Pharmacy Education including training on a variety of topics such as the types of contraceptives that are available and interviewing techniques for use with patients seeking contraceptives. After a pharmacist completes the training program, they must obtain a certificate of completion of the program before prescribing and dispensing the contraceptives. The certificate is valid for three years from the date of completion recorded on the certificate.
B. Prescribing Requirements
In some cases, requirements extend past an initial training program. Many states also require a pharmacist to screen patients before prescribing a contraceptive. Turning again to Connecticut as an example, in Connecticut, a pharmacist must assist a patient in completing certain screening documents before prescribing them a contraceptive. A screening document may include questions to determine whether the contraceptive is clinically appropriate for the patient, age-appropriate health screening information, and a treatment algorithm for the contraceptives. In Connecticut, a pharmacist must also interview the patient before prescribing a contraceptive. Again, pharmacists must ensure they have complete knowledge and understanding of these requirements and, where appropriate, seek involvement of their Board of Pharmacy and/or qualified legal counsel.
States may also have specific requirements for a prescription of a contraceptive. For example, in Connecticut, a pharmacist cannot prescribe refills for an emergency contraceptive. In addition, a prescription for a hormonal contraceptive cannot exceed past 12 months including the time period for the initial filing of the prescription and any refills. As all states may differ regarding prescribing requirements, it is important that a pharmacist who wishes to prescribe hormonal contraceptives or emergency contraceptives review the state laws before doing so.
C. Communications with Primary Care Provider Requirements
In addition to training and prescribing requirements, pharmacists must also comply with requirements that relate to communicating with a patient’s primary care provider. In Connecticut, again as an example, a Connecticut pharmacist that prescribes a contraceptive must notify the patient’s primary care provider of the prescription within 24 hours of prescribing the contraceptive. However, there may be circumstances when the patient does not disclose the identity of their primary care provider. In this instance, a prescribing pharmacist must provide the patient with any relevant documentation. Lastly, it is also important for pharmacists to remember to take reasonable precautions to ensure that a patient who provides health information does so in a confidential manner.
How Frier Levitt Can Help
In conclusion, pharmacists and pharmacies should be especially cognizant of any changes to their Board of Pharmacy’s rules and regulations at the start of a new year. Frier Levitt has represented numerous licensees across the country in the pharmacy industry, including in the State of Connecticut. Frier Levitt has worked with pharmacies on matters involving state licensing boards and has obtained successful results on behalf of pharmacy clients.
Our attorneys take a strategic approach to ensure compliance with state licensing boards. Contact us today to speak with a member of our team.
