Summary of Statutes

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, and postcoital contraception shall be dispensed by a physician or other health care provider upon the request of the victim. (A.B. 1860)

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 that each survivor of sexual assault will receive medically and factually accurate and 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 emergency contraception. The law requires hospitals to submit a plan to provide hospital emergency services to alleged sexual assault survivors. (S.B. 114)

Ill. Comp. Stat. 745 ILCS 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.

N.M. Stat. 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.

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)

Wash. Rev Code Ann. § 18.64.011 under a very broad collaborative practive 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.