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Summary of Statutes | ||
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Alabama |
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Alaska |
Ala. Code 12 AAC § 52.240 Allows a pharmacist to dispense emergency contraception without a physician's prescription under collaborative practice agreement. | |
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American |
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Arizona |
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Arkansas |
Ark. Code § 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) | |
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Cal. Business and Professions Code § 4052 (2003-2004) authorizes a pharmacist to administer emergency contraception drug therapy in accordance with a standardized protocol established jointly by the State Board of Pharmacy and the Medical Board of California, in consultation with specified entities. This statute requires the pharmacist to obtain proper training prior to administering emergency contraception drug therapy. (S.B. 490) Cal. Business and Professions Code § 682 (2003-2004) revises the training requirement that a pharmacist would have to complete prior to being authorized to administer emergency contraception drug therapy. This statute also prohibits the pharmacist from requiring a patient to provide identifiable medical information. Additionally, the statute authorizes the pharmacist to charge an administrative fee, not to exceed $10, for providing the service. (S.B. 545) Cal. Streets and Highways Code § 2704.13- 2704.16 (2003-2004) 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. (S.B. 1169) Cal. Insurance Code § 10604.1 and Health & Safety Code § 1363.02 mandate that every disability insurer that provides coverage for hospital, medical, or surgical benefits, include a paragraph in the provider directory related emergency contraception. Cal. Welfare & Institutions Code § 14016.8 mandates that all Medi-Cal beneficiaries receive a statement related to emergency contraception. 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. (A.B. 1860) | ||
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Colorado |
Col. Rev. Stat. 25-3-110 (2007) requires all licensed health care faciilties that provide emergency care to sexual assault survivors to ammend their evidence-collection protocols for treatment of survivors. The ammendment requires the facility to inform the survivor in a timely manner about the availability of emergency contraception. (SB 60) | |
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Connecticut |
2007 Conn. Acts, P.A. 24 requires licensed health care facilities to provide emergency contraception to victims of sexual assault upon the request of such victims. (SB 1343) | |
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District of Columbia |
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Guam |
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Hawaii Rev. Stat. § 461-1 allows pharmacists working in collaboration with a physician and with the appropriate training to initiate emergency contraception oral drug therapy. (H.B. 123) | ||
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Idaho |
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Illinois |
Ill. Public Act No. 95-432 Sexual Assault Survivors Emergency Treatment Act; states that any hospital treating a sexual assault survivor must submit a plan to the Department of Health regarding the services they are equipped to offer, including transfer services, if necessary. Included in this is a provision that all sexual assault survivors must be provided with medically factual and accurate information (written and oral) about emergency contraception, possible side-effects, and information about how to obtain the drug. Ill. Rev. Stat. ch. 110, § 1-106 (2002) finds that FDA-approved emergency contraception can significantly reduce the risk of pregnancy if taken within 72 hours after the sexual assault. The law also finds that providing emergency contraception to rape victims in a timely manner can significantly reduce the trauma of rape. The law requires hospitals providing services to alleged sexual assault survivors to develop a protocol that ensures each survivor of sexual assault will receive medically and factually accurate written and oral information about emergency contraception, the risks associated with the use of emergency contraception and a description of how victims may be provided with emergency contraception. The law requires hospitals to submit a plan to provide hospital emergency services to alleged sexual assault survivors. (S.B. 114) Ill. Rev. Stat. ch. 745 § 70 (2003) The Health Care Right of Conscience Act states that not all people have the same moral or religious beliefs about what actions are medically acceptable and therefore issues state policy that Illinois will protect the right of conscience for any person who refuses to deliver, dispense or pay for, or arrange a medical procedure, device, or other medical services if it conflicts with their personal moral or religious beliefs. | |
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Indiana |
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Iowa |
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Kentucky |
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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. | ||
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Maryland |
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Massachusetts |
Mass Gen Laws Ann. ch. 91, § 97B (2005) Provides timely access to emergency contraception. Provides that every patient who is a female rape victim, who is of childbearing age and who presents at a facility after a sexual assault shall promptly be provided with medically and factually accurate written information about emergency contraception prepared by the commissioner of public health. | |
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Michigan |
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Minnesota |
Minn. Stat. §145.4711 (2007) requires emergency rooms to provide emergency contraception, prophylactic antibiotics, and information to sexual assault victims following an assault. (SB1266) | |
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Mississippi |
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Missouri |
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Montana |
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Nevada |
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New Hampshire |
N.H. Rev. Stat. Ann. § 318:47-e 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 (Formerly SB 30--2005). | |
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New Jersey |
N.J. Stat. Ann. § 1-5 ch. 26:2H-12.6b Requires certain health care facilities providing care to sexual assault victims to provide information about emergency contraception and the contraceptives upon request. (formerly SB 1668) | |
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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 statute also requires that the pharmacist complete a course in emergency contraception drug therapy. N.M. Stat. Ann. § 24-10 D-3 requires hospitals that treat victims of sexual assult to provide written and oral information about emergency contraception and provide the contraception to patients who request it. | |
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New York |
N.Y. Public Health Law §2805 Allows information to be provided in emergency rooms and requires emergency rooms to dispense emergency contraception upon request. | |
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North Carolina |
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North Dakota |
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Ohio |
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Oklahoma |
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Oregon |
Or. Rev. Stat § 147.225, 147.231 and 147.395 authorizes state payment when emergency contraception is dispensed to women who have been assaulted, although it does not mandate treatment or information. Or. Rev. Stat. 750.055, 750.333 (2007) requires hospitals to inform victims of sexual assault about emergency contraception and to provide emergency contraception upon request by victim. Also requires insurance policies of student insurance plans to cover to cost of contraception. Excludes religious employers. (HB 2700) | |
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Puerto Rico |
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| S.C. Code Ann. § 16-3-1350 (1997) requires that sexual assault victims receive access to emergency contraception (EC) in hospital emergency rooms. Although the law does not explicitly mention EC, the law does require that medical treatment for sexual assault victims include "medication for pregnancy prevention if indicated and if desired." | ||
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South Dakota |
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Texas |
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Utah |
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| Vt. Stat. Ann. tit. 18 § 2077-2079 (2006) authorizes a pharmacist to dispense emergency contaception after following a protocol created by the pharmacist and a physician, which includes education for the woman. (H.B. 237) | ||
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Virginia |
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Wash. Rev Code Ann. § 70.41 (2002) relates to emergency care for victims of sexual assault. The law declares that it is essential that 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. 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 of their option to be provided emergency contraception at the hospital; and provide emergency contraception immediately to each victim who requests it. The law directs the secretary 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. (S.B. 6537: Chapter No. 116) Wash. Rev Code Ann. § 18.64.011 under a very broad collaborative practice agreement (which does not specifically mention emergency contraception but includes it in practice), pharmacists may dispense emergency contraception if specially trained and part of a collaborative practice. | ||
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West Virginia |
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Wisconsin |
2007 Wis. Laws, Act 102 requires a hospital that provides emergency services to a victim of sexual assault to provide her with written and oral information about emergency contraception, orally inform her of her option to receive emergency contraception and her 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, 2007) | |
Note: List may not be comprehensive, but is representative of state laws that exist. NCSL appreciates additions and corrections.
Reproductive Health Project || Reproductive Health Resources
Maternal and Child Health Project || Maternal and Child Health Resources
Children, Adolescent, and Women's Health Policy Topic List
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