Alabama

Alaska

Alaska Stat. 12 AAC § 52.240 allows a pharmacist to dispense emergency contraception without a physician's prescription under collaborative practice agreement.

American
Samoa

Arizona

Arkansas

Ark. Stat. Ann. § 20-13-1401 et seq. (2007) requires all licensed health care facilities that provide emergency care to sexual assault survivors to amend their evidence-collection protocols for treatment of survivors.  The amendment requires the facility to inform the survivor in a timely manner about the availability of emergency contraception. (SB 847)

California

Cal. Business and Professions Code § 682 (2003) revises the training requirement that a pharmacist would have to complete prior to being authorized to administer emergency contraception drug therapy. The law also prohibits the pharmacist from requiring a patient to provide identifiable medical information. Additionally, the law authorizes the pharmacist to charge an administrative fee, not to exceed $10, for providing the service. (SB 545)

Cal. Business and Professions Code § 4052 (2001, 2003) authorizes a pharmacist to initiate emergency contraception drug therapy in accordance with standardized protocols developed by the pharmacist and an authorized prescriber acting within his or her scope of practice. The law requires a pharmacist who initiates emergency contraception drug therapy pursuant to these provisions to provide the recipient with a standardized fact sheet (2001 SB 1169). The law was amended in 2003 (SB 490) to require standardized protocol that is established jointly by the State Board of Pharmacy and the Medical Board of California, in consultation with specified entities and the law requires the pharmacist to obtain proper training prior to administering emergency contraception drug therapy.

Cal. Health and Safety Code § 13823.11 (2002) provides a female victim of sexual assault with the option of postcoital contraception by a physician or other health care provider. Postcoital contraception shall be dispensed by a physician or other health care provider upon the request of the victim. (AB 1860)

Cal. Insurance Code § 10604.1, Health & Safety Code § 1363.02 and Welfare & Institutions Code § 14016.8 require Medi-Cal and every disability insurer providing coverage for hospital, medical, or surgical benefits, to include a paragraph in the provider directory related to emergency contraception.

Colorado

Colo. Rev. Stat. § 25-3-110 (2007) defines emergency contraception as a drug approved by the federal food and drug administration that prevents pregnancy after sexual intercourse, including but not limited to oral contraceptive pills. Specifies that emergency contraception does not include RU-486, mifepristone, or any other drug or device that induces a medical abortion. The law requires all licensed health care facilities that provide emergency care to sexual assault survivors to amend their evidence-collection protocols to include informing the survivor in a timely manner about the availability and proper use of emergency contraception. The law also encourages entities offering victim assistance or counseling and rape crisis hotlines, and pharmacies, to include or distribute information concerning availability and use of emergency contraception. (SB 60)

Connecticut

Conn. Gen. Stat. § 19a-11e (2007) requires licensed health care facilities to provide emergency contraception to victims of sexual assault upon the request of such victims. (Conn. Acts, P.A. 07-24, SB 1343)

Delaware

District of Columbia

Florida

Georgia

Guam

Hawaii

Hawaii Rev. Stat. § 461-1 (2003) allows pharmacists working in collaboration with a physician and with the appropriate training to initiate emergency contraception oral drug therapy. (HB 123)

Idaho

Illinois

Ill. Rev. Stat. ch. 410, § 70/1a et seq. (2002, 2008) the Sexual Assault Survivors Emergency Treatment Act, define emergency contraception and require the dissemination of emergency contraception information to women who are victims of sexual assault. The law requires hospitals to submit a plan for providing services to sexual assault survivors to the Department of Public Health for approval. Hospitals are required to provide sexual assault survivors with medically and factually accurate, oral and written information about emergency contraception, including possible side-effects and risks of using emergency contraception, and information about how to obtain the drug. (2002 Ill. Laws, P.A. 92-156, SB 114; 2008 Ill. Laws, P.A. 95-432, SB 1618)

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Me. Rev. Stat. Ann. tit. 32, § 13821-13825 (2003) allows a pharmacist to initiate emergency contraception drug therapy in collaboration with an authorized prescriber, provided that the pharmacist complete an emergency contraception training program.  The pharmacist is also required to provide the recipient of the drug therapy a standardized fact sheet.

Maryland

Massachusetts

Mass. Gen. Laws Ann. ch. 41, § 97B (2005) requires police standardized rape kits to include medically and factually accurate information about emergency contraception.

Mass. Gen. Laws Ann. ch. 94C, § 19A allows licensed pharmacists to dispense emergency contraception after completing a training program. Pharmacists who dispense emergency contraception must annually provide to the Department of Public Health the number of times emergency contraception was administered.

Mass. Gen. Laws Ann. ch. 111, 70E (2005) requires hospitals to provide women of childbearing age, who are victims of rape, with medically and factually accurate information on emergency contraception, to offer these women emergency contraception, and to provide them with emergency contraception upon request.

Michigan

Minnesota

Minn. Stat. § 145.4711 et seq. (2007) requires emergency rooms to provide emergency contraception, prophylactic antibiotics, and information to sexual assault victims following an assault. (SB 1266)

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

N.H. Rev. Stat. Ann. § 318:47-e (2005) establishes the Collaborative Practice for Emergency Contraception Act.  Under this bill, a pharmacist may initiate emergency contraception drug therapy in accordance with procedures developed by the New Hampshire pharmacy board and a physician or other authorized prescriber who is acting within his or her scope of practice (SB 30)

New Jersey

N.J. Stat. Ann. § 1-5 ch. 26:2H-12.6b (2004) requires certain health care facilities providing care to sexual assault victims to provide information about emergency contraception and to initiate emergency contraception upon request. (SB 1668)

New Mexico

N.M. Stat. Ann. § 16.19.26.10 authorizes a pharmacist to administer emergency contraception drug therapy in accordance with protocols established by the Board of Pharmacy. The law also requires the pharmacist to complete a course in emergency contraception drug therapy.

N.M. Stat. Ann. § 24-10 D-2 et seq. requires hospitals that treat victims of sexual assault to provide written and oral information about emergency contraception and provide the contraception to patients who request it.

New York

N.Y. Public Health Law § 2805-p provides provisions for the emergency treatment of rape survivors.  Establishes definitions for terms within the chapter, including emergency contraception.  Requires hospitals providing treatment for survivors of rape to provide survivors with written and oral information on emergency contraception, including its efficacy and availability.  Hospitals are required to provide survivors with emergency contraception unless the individual requests otherwise. 

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Or. Rev. Stat § 147.225 et seq. and 147.395 et seq. authorizes the Sexual Assault Victims Emergency Medical Response Fund within the Department of Justice to pay for emergency contraception as part of a "complete medical assessment".

Or. Rev. Stat. § 435.250, § 435.252, § 435.254 and § 435.456 (2007) require hospitals to provide unbiased, medically and factually accurate written and oral information about emergency contraception to female victims of sexual assault. The Oregon Health Authority will develop and approve informational materials, and may impose civil penalties against any hospital that does not comply with the rules detailed in these laws.  (HB 2700)

Pennsylvania

Pa. Code tit. 28 § 117.53, § 117.55 and § 117.57 require hospitals providing emergency medical care to victims of sexual assault to supply written information about emergency contraception, orally inform victims of the availability of emergency contraception, and administer emergency contraception onsite upon the victim's request. A hospital may choose not to provide emergency contraception onsite if doing so may be contrary to the stated religious or moral beliefs of the hospital. If a hospital claims a religious or moral exemption, that hospital must still provide written information about emergency contraception, and arrange for a victim who requests it, to be transported to a facility which provides emergency contraception. Hospitals must also ensure each member of the hospital personnel providing sexual assault emergency services is provided with written informational materials about emergency contraception.  (The Pennsylvania Bulletin, January 26, 2008)

Puerto Rico

Rhode Island

South Carolina

S.C. Code Ann. § 16-3-1350 (1997)  requires the South Carolina Crime Victims Compensation Fund to pay for medical treatment for sexual assault victims.  This medical treatment is to include "medication for pregnancy prevention if indicated and if desired."

South Dakota

Tennessee

Texas

Tex. Health and Safety Code Ann. § 323.005 directs the Department of Health Services to develop a standard information form for sexual assault survivors. The form must include information regarding treatment of sexually transmitted infections and pregnancy, including generally accepted medical procedures, appropriate medications, and any contraindications of the medications prescribed for treating sexually transmitted infections and preventing pregnancy.

U.S. Virgin Islands

Utah

2009 Utah Laws, Chap. 266 defines emergency contraception as the use of a substance, approved by the Food and Drug Administration, to prevent pregnancy after sexual intercourse. The law requires specified health care facilities and practitioners to provide victims of sexual assault with written and oral medical information regarding emergency contraception that is unbiased, accurate and generally accepted by the medical community as being scientifically valid; orally inform the victim that they may obtain emergency contraception at the facility; offer a complete regimen of emergency contraception; and provide emergency contraception to the victim upon her request. The facility must also develop and implement a policy to ensure that a person is present at the facility, or on-call, who has the authority to dispense or prescribe emergency contraception.

Vermont

Vt. Stat. Ann. tit. 26, § 36.2077-2079 (2006) authorize a pharmacist to dispense emergency contraception under a collaborative agreement with a physician or prescriber.  Establish protocol and procedures for collaboration.  The law also requires pharmacists to participate in an education and training program prior to dispensing emergency contraception. (HB 237)

Virginia

Washington

Wash. Rev. Code Ann. § 70.41.020 and § 70.41.350 (2002) relates to emergency care for victims of sexual assault. The law declares it essential for all hospital emergency rooms provide emergency contraception as a treatment option to any woman who seeks treatment as a result of a sexual assault. The law provides definitions for terms within the chapter. The law requires hospitals providing emergency care to victims of sexual assault to: provide medically and factually accurate information about emergency contraception, orally inform victims they may receive emergency contraception at the hospital upon request, and provide emergency contraception immediately to each victim who requests it. The law directs the secretary of health to develop, prepare, and produce informational materials relating to emergency contraception for the prevention of pregnancy in rape victims for distribution to and use in all emergency rooms. (2002 Wash. Laws, Chap. 116, SB 6537)

Wash. Rev Code Ann. § 18.64.011 under a very broad collaborative practice agreement, pharmacists may dispense emergency contraception if specially trained and part of a collaborative practice.  (Please note that this agreement does not specifically include emergency contraception, but it is included in practice.)

West Virginia

Wisconsin

Wis. Stat. § 50.375 (2007) requires hospitals providing emergency services to victims of sexual assault to provide individuals with written and oral information about emergency contraception, orally inform her of the option to receive emergency contraception and the option to report the sexual assault, and immediately provide emergency contraception to her upon her request.  The act also requires a hospital that provides emergency care to ensure that each hospital employee who provides care to a victim of sexual assault has available information about emergency contraception. (AB 377)