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The New York State Education Department (“SED”) Office of the Professions (“OP”)
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DISPENSING OF HORMONAL CONTRACEPTION




BREADCRUMB

 1. Home
 2. New York State Licensed Professions
 3. Pharmacist
 4. Frequently Asked Questions
 5. Dispensing of Hormonal Contraception


PHARMACISTS

Laws, Rules & Regulations Consumer Information Contact Information License
Statistics License Requirements License Application Forms Professional Practice
Administration of Immunizations Collaborative Drug Therapy Management Nuclear
Pharmacist Certification Purple Book: Lists of Licensed Biological Products with
Reference Product Exclusivity and Biosimilarity or Interchangeability
Evaluations(link is external) Electronic Prescribing Practice Issues Frequently
Asked Questions Continuing Education Board Meetings

On March 12, 2024, the New York State Board of Regents adopted, by emergency
action, amendments to Part 63 of the Commissioner’s regulations, which effective
March 12, 20241, establish a definition of self-administered hormonal
contraceptives and list the requirements pharmacists must meet to dispense such
medication.

This website provides information and resources to assist licensed pharmacists
located within this State who seek to dispense self-administered hormonal
contraceptives to their patients pursuant to non-patient specific orders written
by the Commissioner of Health, licensed physicians, or certified nurse
practitioners.

More information regarding the standing order issued by the Commissioner of
Health is available on the Department of Health’s website(link is external).

Resources 

 * Pharmacist Training Competencies 
 * Patient Self Screening Questionnaire(link is external) 
 * Standardized Assessment and Treatment Care Pathway(link is external)
 * Provider Notification Form(link is external) 
 * Pharmacist Referral and Visit Summary Form (link is external)
 * Fact Sheets
   * These informational documents were adapted under a Creative Commons
     license(link is external) granted by the Reproductive Health Access
     Project:
     * Contraception Fact Sheet - The Pill(link is external) 
     * Contraception Fact Sheet - Progestin-only/Mini-pill(link is external) 
     * Contraception Fact Sheet - The Patch(link is external) 
     * Contraception Fact Sheet - The Ring(link is external) 

Frequently Asked Questions

The State Education Department (Department), with the assistance of the New York
State Board of Pharmacy, has compiled the list of frequently asked questions
below. To ensure that you are aware of the most accurate and current
information, it is recommended that you periodically check these FAQs for
updates.

1Chapter 128 of the Law of 2023 (Chapter 128), as amended by Chapter 90 of the
Laws of 2024 has made Chapter 128 retroactively effective to January 1, 2024.

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1. WHAT IS A SELF-ADMINISTERED HORMONAL CONTRACEPTIVE?

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A self-administered hormonal contraceptive is a medication or a device that is
approved by the federal Food and Drug Administration to prevent pregnancy by
using hormones to regulate or prevent ovulation.

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2. WHAT TYPES OF MEDICATIONS ARE CONSIDERED SELF-ADMINISTERED HORMONAL
CONTRACEPTIVES?

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Types of self-administered hormonal contraceptives include oral hormonal
contraceptives (“the pill”), hormonal contraceptive vaginal rings and hormonal
contraceptive patches.

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3. ARE THERE ADDITIONAL CRITERIA A PHARMACIST MUST MEET IN ORDER TO BE ABLE TO
DISPENSE SELF-ADMINISTERED HORMONAL CONTRACEPTIVES TO PATIENTS PURSUANT TO A
NON-PATIENT SPECIFIC ORDER?

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Yes, pharmacists are required to have completed training in the dispensing of
self-administered hormonal contraceptives that is satisfactory to the
Commissioner.

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4. ARE THERE SPECIFIC TRAINING COURSES THAT MUST BE TAKEN?

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No specific courses have been identified as requirement(s) for completion by the
Commissioner and/or the Department.

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5. WHAT SPECIFIC COMPETENCIES AND KNOWLEDGE MUST A TRAINING PROVIDE TO BE
SATISFACTORY TO THE COMMISSIONER

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To be satisfactory to the Commissioner,  a training course  must, at a minimum,
provide knowledge of the following:

 * the menstrual cycle, including the different menstrual cycle phases and
   hormonal functions;
 * the various contraceptive methods, medications, and devices for both
   self-administered and non-self-administered hormonal contraception; 
 * the precautions and contraindications in using hormonal contraceptives; and
 * the various techniques necessary to counsel and adequately screen patients
   for self-administered hormonal contraceptives.

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6. ARE PHARMACISTS REQUIRED TO SUBMIT DOCUMENTATION TO THE DEPARTMENT AS PROOF
OF COMPLETION OF A TRAINING COURSE?

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No. Pharmacists do not need to submit documentation to the Department when they
have completed the required training. However, pharmacists are required to
maintain documentation of their training and make such documentation available
to the Department upon request.

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7. MUST A PHARMACIST BE LICENSED AND LOCATED IN NEW YORK STATE TO DISPENSE
SELF-ADMINISTERED HORMONAL CONTRACEPTIVES PURSUANT TO A NON-PATIENT SPECIFIC
ORDER?

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Yes, self-administered hormonal contraceptives can only be dispensed by
pharmacists licensed and located in New York State.

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8. WHO MAY ISSUE NON-PATIENT SPECIFIC ORDERS ALLOWING PHARMACISTS TO DISPENSE
SELF-ADMINISTERED HORMONAL CONTRACEPTIVES?

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Non-patient specific orders for the dispensing of hormonal contraceptives in New
York State can be issued by the New York State Commissioner of Health, a New
York State licensed physician or a New York State certified nurse practitioner.

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9. ARE PHARMACISTS REQUIRED TO NOTIFY THE PATIENT’S PRIMARY HEALTH CARE
PRACTITIONER UPON THE DISPENSING OF SELF-ADMINISTERED HORMONAL CONTRACEPTION
PURSUANT TO A NON-PATIENT SPECIFIC ORDER?

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Yes, pharmacists must notify the patient’s primary health care practitioner
within 72 of dispensing of a self-administered hormonal contraception, unless:

 * the patient specifically opts out of such notification; 
 * the patient does not have a primary health care practitioner; or
 * the patient is unable to provide the pharmacist with their primary health
   care practitioner’s contact information.
    

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10. IF A PATIENT IS UNABLE TO PROVIDE THE PHARMACIST WITH THEIR PRIMARY HEALTH
CARE PRACTITIONER’S CONTACT INFORMATION, WHAT SHOULD THE PHARMACIST DO?

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If a patient is unable to provide the pharmacist with their primary health care
practitioner’s contact information, the pharmacist must provide the patient with
a written record of the self-administered hormonal contraceptives dispensed and
advise the patient to consult an appropriate health care practitioner.

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11. CAN A PHARMACIST REFUSE TO DISPENSE A SELF-ADMINISTERED HORMONAL
CONTRACEPTIVE TO A PATIENT?

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A pharmacist can refuse to dispense a self-administered hormonal contraceptive
to a patient if, in their professional judgment, potential adverse effects,
interactions or other therapeutic complications could endanger the health of the
patient.



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