New Jersey § 45:14-67

§ 45:14-67.

a. 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. b. At a minimum, the standardized procedures and protocols adopted under this subsection

shall: (1) require a pharmacist, as a condition of furnishing self-administered hormonal

contraceptives to patients pursuant to this section, to: (i) complete a training program jointly approved by the Board of Pharmacy and the

State Board of Medical Examiners; and (ii) affirm, in writing, that he or she has completed appropriate training 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, which written affirmation shall be retained by the pharmacist as a medical record,

in a manner and for such periods of time, as required by law; (2) provide for the issuance of a standing order authorizing pharmacists in this State

to furnish self-administered hormonal contraceptives to patients without an individual

prescription; (3) identify the self-administered hormonal contraceptives that a pharmacist will

be authorized to furnish to patients pursuant to the standing order; (4) require a pharmacist to make clinical decisions that are free from any financial

influence imposed by insurance providers, contraceptive product manufacturers, and

other parties having a financial interest in the disbursement or non-disbursement

of self-administered hormonal contraceptives; (5) require a patient, prior to obtaining a self-administered hormonal contraceptive

pursuant to this section, to be evaluated through the administration of a questionnaire

by the dispensing pharmacist, which questionnaire shall be developed by the Department

of Health, that will identify patient risk factors for the use of self-administered

hormonal contraceptives, based on the current United States Medical Eligibility Criteria

for Contraceptive Use. The patient's responses to the written questionnaire shall be retained as a medical

record, in a manner and for such periods of time, as required by law; (6) require a pharmacist to offer to provide counseling to a patient about other forms

of contraception that have been approved by the federal Food and Drug Administration,

and, if the patient accepts the offer for counseling, require the pharmacist to provide

the patient with specific and appropriate information about such other forms of contraception,

based on the results of the questionnaire administered pursuant to paragraph (5) of

this subsection; and (7) require a pharmacist, upon furnishing a self-administered hormonal contraceptive

to a patient, or upon determining that a self-administered hormonal contraceptive

is not recommended, to refer the patient to the patient's primary care provider, or,

if the patient does not have a primary care provider, to an appropriate and nearby

medical clinic. c. The Board of Pharmacy and the Board of Medical Examiners are each authorized to

ensure compliance with the provisions of this section, and each board is specifically

charged with the enforcement of this section as applied to its respective licensees. d. As used in this section, “ self-administered hormonal contraceptive ” means any oral, transdermal, or vaginal contraceptive product, including, but not

limited to, birth control pills, vaginal rings, and diaphragms. e. Nothing in this section shall be construed to expand the authority of a pharmacist

to prescribe any prescription medication. The requirements of this section shall not apply to a pharmacist dispensing a self-administered

hormonal contraceptive pursuant to an individual prescription issued by a health care

practitioner authorized to prescribe self-administered hormonal contraceptives in

the course of professional practice.