Pharmacist-Dispensed Contraceptives

In May 2023, Gov. Kathy Hochul signed legislation authorizing New York State pharmacists to dispense certain self-administered hormonal contraceptives following a patient consultation.[1] Implementation progressed in March 2024 with the issuance of a statewide standing order, accompanied by jointly developed guidance and practice resources from the New York State Education Department and the New York State Department of Health.

Background

Unintended pregnancy remains a significant public health issue in the United States, with an estimated 41% of pregnancies classified as unwanted or mistimed.[2] Although access to contraception is associated with numerous positive health and socioeconomic outcomes, timely and consistent access remains limited for many individuals. Approximately 19 million U.S. women live in a “contraceptive desert,” defined as a geographic area without reasonable access to a health care center offering the full range of contraceptive options.[3] Expanding pharmacist scope of practice has been identified as an important strategy to improve contraceptive access.

California and Idaho were early adopters of pharmacist-prescribed contraception. California enacted authorizing legislation in 2013 and Idaho followed in 2015. Since that time, numerous jurisdictions have adopted similar policies, and as of July 2025, 38 U.S. states have enacted statutes or regulations authorizing pharmacists to prescribe contraceptives.[4]

The Law

Non-patient specific order:

Pharmacists’ authority to dispense self-administered hormonal contraceptives in New York is exercised pursuant to a non-patient-specific order issued by the Commissioner of Health, a physician licensed in the state, or a certified nurse practitioner[5].

The standing order applies to FDA-approved self-administered hormonal contraceptives in oral, vaginal, and transdermal dosage forms. At present, New York does not authorize pharmacist dispensing of injectable self-administered hormonal contraceptives; however, legislation proposing to expand authority to include injectable products has been introduced.[6]

Training:

Pharmacists must complete a training that is “satisfactory to the commissioner.” This is currently defined in regulation[7] as any training that provides:

i. knowledge of the menstrual cycle, including the different menstrual cycle phases and hormonal functions;

ii. knowledge of the various contraceptive methods, medications and devices, including both self-administered and non-self-administered contraceptives and devices. Such overview shall also include the pharmacology and mechanisms of actions for the various contraceptives and devices available on the market;

iii. knowledge of the precautions and contraindications in the use of hormonal contraceptives; and

iv. knowledge of the various techniques required to counsel and adequately screen patients for the dispensing of an appropriate self-administered hormonal contraceptive if applicable.

Pharmacists are not required to submit proof of training or obtain separate credentialing prior to dispensing self-administered hormonal contraceptives. However, they must maintain documentation demonstrating successful completion of the required training program and furnish such documentation to the State Education Department upon request.

Process:

Prior to dispensing a self-administered hormonal contraceptive, the pharmacist must provide the patient with a self-screening questionnaire and must repeat this process at least every 12 months for continued dispensing. The pharmacist must also furnish the patient with the fact sheet developed by the Commissioner of Health before dispensing.

Unless the patient declines, the pharmacist is required to notify the patient’s primary health care practitioner within 72 hours of dispensing; such notification may be transmitted electronically or by facsimile. If the patient does not identify a primary care provider, the pharmacist must instead provide the patient with a written record of the contraceptive dispensed and advise the patient to consult a health care provider.

A pharmacist may decline to dispense a self-administered hormonal contraceptive if, in the pharmacist’s professional judgment, dispensing would be clinically inappropriate due to potential adverse effects, drug interactions, or other therapeutic concerns.

Pharmacists must maintain records of dispensing for at least 5 years and must also maintain a copy of the non-patient specific order.

Insurance Coverage:

New York Medicaid (NYRx) provides coverage for pharmacist-dispensed hormonal contraceptives. Additionally, New York’s Comprehensive Contraceptive Coverage Act[8] mandates insurance coverage for up to a twelve-month supply of prescribed contraceptives dispensed in a single fill.

Summary

Authority to dispense self-administered hormonal contraceptives brings pharmacist scope more in line with the national standard of care for the profession. Pharmacies provide an additional access point for individuals beyond the traditional clinic setting while still providing more personal interaction than telemedicine services.

State-mandated training and workflow requirements offer a balance between patient safety and pharmacist autonomy.

Medicaid coverage of the pharmacist’s service is an important step in the right direction to ensure appropriate compensation for the pharmacist’s time; should the pending legislation requiring private plan coverage pass, it is likely that there would be higher uptake of this service by pharmacies and patients.

[1] 2023 Sess. Laws of N.Y. Ch. 128.
[2] Guttmacher Inst., Unintended Pregnancy in the United States (Jan. 2019), https://www.guttmacher.org/fact-sheet/unintended-pregnancy-united-states
[3] Guttmacher Inst., Contraceptive Deserts: Geographic Disparities in Access to Contraceptive Care (2018), https://www.guttmacher.org/article/2018/07/contraceptive-deserts-geographic-disparities-access-contraceptive-care.
[4] Nat’l All. of State Pharmacy Ass’ns, Pharmacist Prescribing: Hormonal Contraceptives (updated July 2025), https://naspa.us/resource/contraceptive-prescribing
[5] Ed. Law §§ 6527, 6909, respectively
[6] New York State Assembly A2514 and Senate S1703, 2025.
[7] 8 NYCRR 63.16(c)(1).
[8] NY Laws of 2019, Ch. 25

Copyright © 2026 University at Buffalo. All rights reserved. 

Pharmacy Law is published as an educational service to the pharmacy community in New York State. Its sole purpose is to promote an understanding of the laws, rules, and regulations that affect the practice of pharmacy in New York. The advisory board, authors and the University at Buffalo do not hold themselves out as offering legal advice. Readers should seek counsel for specific legal questions or concerns.