Chapter 91

AN ACT PROVIDING TIMELY ACCESS TO EMERGENCY CONTRACEPTION.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The second paragraph of section 97B of chapter 41 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following sentence:- Each kit shall also include medically and factually accurate written information prepared by the commissioner of public health about emergency contraception.

SECTION 2. Chapter 94C of the General Laws, is hereby amended by inserting after section 19 the following section:-

Section 19A. (a) As used in this section "emergency contraception" shall, unless the context clearly requires otherwise, mean any drug approved by the federal Food and Drug Administration as a contraceptive method for use after sexual intercourse.

(b) Notwithstanding any other law, a licensed pharmacist may dispense emergency contraception in accordance with written, standardized procedures or protocols developed by an actively practicing physician registered with the commissioner to distribute or dispense a controlled substance in the course of professional practice pursuant to section 7 if such procedures or protocols are filed at the pharmacist's place of practice and with the board of registration in pharmacy before implementation.

(c) Before dispensing emergency contraception authorized under this section, a pharmacist shall complete a training program approved by the commissioner on emergency contraception, which training shall include but not be limited to proper documentation, quality assurance, and referral to additional services, including appropriate recommendation that the patient follow-up with a medical practitioner.

(d) A pharmacist dispensing emergency contraception under this section shall annually provide to the department of public health the number of times such emergency contraception is dispensed. Reports made pursuant to this section shall not identify any individual patient, shall be confidential and shall not be public records as defined by clause twenty-sixth of section 7 of chapter 4.

(e) The department of public health, board of registration in medicine, and board of registration in pharmacy shall adopt regulations to implement this section.

SECTION 3. Section 70E of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 89, the word "and",- and by inserting after the word "foregoing", in line 99, the following words:- ; and

(o) if the patient is a female rape victim of childbearing age, to receive medically and factually accurate written information prepared by the commissioner of public health about emergency contraception; to be promptly offered emergency contraception; and to be provided with emergency contraception upon request.

SECTION 4. Said section 70E of said chapter 111, as so appearing, is hereby further amended by inserting after the eighth paragraph the following paragraph:-

Every facility shall require all persons who provide care to victims of sexual assault to be provided with medically and factually accurate written information prepared by the commissioner about emergency contraception. Every female rape victim of childbearing age who presents at a facility after a rape shall promptly be provided with medically and factually accurate written information prepared by the commissioner about emergency contraception. Facilities that provide emergency care shall promptly offer emergency contraception at the facility to each female rape victim of childbearing age, and shall initiate emergency contraception upon her request. For each facility initiating emergency contraception, the administrator, manager or other person in charge thereof shall annually report to the department of public health the number of times emergency contraception is administered to victims of rape under this section. Reports made pursuant to this section shall not identify any individual patient, shall be confidential and shall not be public records as defined by clause twenty-sixth of section 7 of chapter 4. The department of public health shall promulgate regulations to carry out this annual reporting requirement. `t+2

This Bill having been returned by His Excellency the Governor with his objections thereto in writing (see Senate 2170) has been passed by the Senate, the objections of His Excellency the Governor to the contrary notwithstanding, two-thirds of the Senate (37 yeas to 0 nays) having agreed to the same.

Sent to the House of Representatives for its action. Robert E. Travaglini, President. William F. Welch, Clerk.

House of Representatives, September 15, 2005.

Passed by the House of Representatives, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present (139 yeas to 16 nays) having approved the same.

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