NYS Pharmacy:FAQ:Hormonal Contraception

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.

Resources

Pharmacist Training Competencies
Patient Self Screening Questionnaire
Standardized Assessment and Treatment Care Pathway
Provider Notification Form
Pharmacist Referral and Visit Summary Form
Fact Sheets
- These informational documents were adapted under a Creative Commons license granted by the Reproductive Health Access Project:

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?

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.

2. What types of medications are considered self-administered hormonal contraceptives?

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

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?

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

4. Are there specific training courses that must be taken?

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

5. What specific competencies and knowledge must a training provide to be satisfactory to the Commissioner

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.

6. Are pharmacists required to submit documentation to the Department as proof of completion of a training course?

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.

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?

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

8. Who may issue non-patient specific orders allowing pharmacists to dispense self-administered hormonal contraceptives?

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.

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?

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.

10. If a patient is unable to provide the pharmacist with their primary health care practitioner’s contact information, what should the pharmacist do?

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.

11. Can a pharmacist refuse to dispense a self-administered hormonal contraceptive to a patient?

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.