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HB 5436

AN ACT RELATING TO CRIMINAL OFFENSES -- RHODE ISLAND ASSAULT WEAPONS BAN ACT OF 2025

2025 Regular Session Introduced by Edith Ajello and 9 co-sponsors

Authorizes pharmacists to prescribe and dispense certain hormonal contraceptives and emergency contraception, boosting access with required training and referrals.

06/18/2025 Committee recommended Substitute A be held for further study
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Bill Summary · HB 5436

Summary — HB 5436 (Enrolled as Public Act No. 242 of 2024)

Topic: Pharmacist authority to prescribe and dispense certain contraceptives; related insurance coverage tie‑bar (HB 5435)

Main purpose

HB 5436 amends Part 177 (Pharmacy Practice and Drug Control) of the Michigan Public Health Code to authorize pharmacists to issue prescriptions for certain contraceptives and to set practice, documentation, and rulemaking requirements for that authority. It was enacted as Public Act No. 242 of 2024 (see notes on effective date below). HB 5435 is tie‑barred to HB 5436 and would require health insurers to cover pharmacist‑prescribed hormonal contraceptives at in‑network pharmacies.

Key provisions — pharmacist authority and scope

  • Allows a pharmacist to issue a prescription and dispense:
    • Hormonal contraceptive patches (FDA‑approved transdermal combination hormone patches).
    • Self‑administered hormonal contraceptives (FDA‑approved single‑hormone or combination products taken orally, by injection, or otherwise self‑administered).
    • Vaginal ring hormonal contraceptives.
    • Emergency contraceptives (FDA‑approved agents to prevent pregnancy after unprotected intercourse or contraceptive failure).
  • Pharmacist may prescribe regardless of the patient’s age and regardless of prior prescription history.

Practice requirements and safeguards

  • LARA, in consultation with the Michigan Board of Pharmacy, must promulgate implementing rules within 18 months of the bill’s effective date. Rules must establish a standard procedure for pharmacist prescribing of contraceptives.
  • LARA/Board must develop a self‑screening risk assessment tool for individuals seeking a pharmacist‑issued contraceptive.
  • Pharmacists issuing prescriptions must:
    • Complete Board‑approved training for issuing contraceptive prescriptions.
    • Provide the self‑screening risk assessment to the individual and obtain a completed assessment before issuing a prescription.
    • Provide a written record of the prescribed contraceptive to the individual and advise consultation with a physician or other licensed health professional.
    • Refer the individual to their primary care provider (or another licensed provider) upon issuing a prescription; if no physical exam in the prior 12 months, refer for a physical exam.
    • Dispense the contraceptive promptly or, if authorized by rules, transmit the prescription to another pharmacy chosen by the individual.
    • Furnish a receipt that names the pharmacist who issued the prescription.

Statutory and definitional changes

  • Expands the statutory definition of the “practice of pharmacy” and of “prescription” to explicitly include pharmacist‑issued orders for the contraceptives listed above.
  • Removes (or modifies) certain existing prohibitions related to dispensing when a prescriber has died (as discussed in bill analyses).

Insurance coverage tie‑bar (HB 5435)

  • HB 5435 (tie‑bar) would require insurers that cover prescription drugs to cover pharmacist‑prescribed hormonal contraception (patch, self‑administered hormonal products, vaginal ring) dispensed at an in‑network pharmacy and to cover associated consultation; coverage to be consistent with other prescription drug coverage. Committee reports indicated insurer coverage provisions would apply to policies issued/renewed after December 31, 2025.

Who is affected

  • Patients seeking contraception — increased access to pharmacist‑prescribed options.
  • Pharmacists and pharmacies — new prescribing responsibilities, training and documentation duties.
  • Department of Licensing and Regulatory Affairs (LARA) and Michigan Board of Pharmacy — rulemaking and tool development.
  • Health insurers (if HB 5435 is in force) — coverage obligations for pharmacist‑prescribed hormonal contraceptives.
  • Primary care and other prescribers — changes to referral and coordination practices.

Procedural/timing notes and fiscal impact

  • Enrolled as Public Act No. 242 of 2024. (Public Act text indicates approval by the Governor and an effective date set in the enrolled act; LARA must promulgate implementing rules within 18 months of the bill’s effective date.)
  • Committee analyses estimated a small negative fiscal impact (minimal administrative costs) for LARA; no local government impact reported.
  • The bills were considered together (tie‑bar); HB 5435 contains the insurer coverage provisions that complement HB 5436’s clinical authority for pharmacists.

If you want, I can extract the exact effective date recorded in the enrolled/public act and produce a short timeline of the major legislative steps (committee votes, floor votes, rulemaking deadlines).

Compiled from official sources — confirm details with the bill’s official record.

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