HB 1138: Increasing Access to Contraceptives Act; enact

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Discussed in meetings (15)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

1. House Health Committee, February 9, 2026

   From 0:36:33 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said the bill would let pharmacists provide hormonal contraceptive pills, patches and injections under a joint medical and pharmacy board protocol, require coverage for extended supplies, and protect providers acting under its provisions from certain liability or discipline. The sponsor cited refill delays and said 36 states allow some form of pharmacist prescribing. Asked about prior prescriptions, the sponsor said patients under 18 would need one, but adults generally would not. Asked about estrogen-related clotting risks, the sponsor said trained pharmacists would screen patients and refer those with concerning histories to other providers. On privacy, the sponsor said consultations must occur in a private area and pharmacy participation would be optional. A Georgia Association of Health Plans witness supported the bill and said a 12-month supply could save money. A Georgia OBGYN Society witness supported it, citing appointment and transportation barriers and saying 82 of Georgia’s 159 counties lack an OBGYN. The sponsor described a forthcoming substitute addressing pharmacist compensation and continuing education. This was a hearing only, and no vote was taken.

2. House Health Committee, February 23, 2026

   From 0:52:15 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said HB 1138 would let pharmacists provide hormonal contraception under protocols and expand coverage for extended supplies. After initially announcing a substitute, the sponsor confirmed the original version was being considered. The sponsor cited access gaps and said 36 other states allow pharmacist prescribing. The chair said the Department of Community Health expected minimal costs and did not require a fiscal note. A pharmacy professor, speaking personally, described pharmacist training and supported wider access. Asked about an abstinence notice, the professor said physicians are not required to give the same notice. Members also questioned access for minors, possible trafficking and professional oversight. The sponsor said patients under 18 would need evidence of a previous prescription. A member challenged broad liability protections, and legislative counsel confirmed the language offered broad immunity when protocols were followed. The chair tabled the bill, then reopened it after further discussions. Members approved an amendment removing civil liability protections while retaining criminal and disciplinary protections. Asked why criminal protection remained, the amendment's proposer cited the higher threshold for prosecution. The committee approved the amended bill by voice vote.

3. House Rules Committee, February 25, 2026

   From 0:29:55 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said HB 1138 would let pharmacists provide certain contraceptives directly, giving patients with limited access to physicians more timely care without replacing doctors. A committee member asked what changed in committee. The sponsor explained that the substitute removed protection from civil liability for pharmacists following Medical Composite Board protocols. The sponsor said the earlier language would have protected pharmacists acting within those protocols, but not those departing from them. No scheduling decision was shown.

4. House Rules Committee, March 4, 2026

   From 0:43:41 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor presented a substitute for HB 1138 restoring its original committee language. A committee member said earlier concerns had led to changes, but later clarification persuaded the member that the original wording was sufficient. The committee approved the substitute without opposition. Later, the committee placed the bill on the day's floor calendar with that substitute, again without opposition. The bill's underlying contraceptive provisions were not explained during this meeting.

5. House floor session, March 4, 2026 (legislative day 27, PM, part 1)

   From 1:40:47 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1860

   Summary by Georgia Commons: The sponsor said the bill would let pharmacists prescribe self-administered hormonal contraceptives and administer contraceptive injections. The sponsor said it would also permit insurance coverage of extended supplies, extend Medicaid and state-funded coverage, and protect pharmacists following the bill's protocols from specified liability or discipline. The sponsor cited similar pharmacist access in 36 states and extended supplies in 32 states, and said 82 Georgia counties lack an obstetrician-gynecologist. One member asked whether schools would update abstinence-only instruction and whether the messages conflicted. The sponsor said the bill did not change school instruction or address over-the-counter products, and described it as an access measure rather than a morality measure. Two other members supported easier access, particularly where pharmacists are the most available health professionals. The House withdrew the Health Committee substitute, adopted a Rules Committee substitute without explaining the differences, and passed the bill 162-4.

6. Senate Health and Human Services Committee, March 23, 2026

   From 0:37:07 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said the substitute would let willing pharmacists prescribe contraception under training and protocols developed by the Board of Pharmacy and Department of Public Health, and let patients obtain up to 12 months at once. The sponsor said 34 states had adopted this approach and 82 Georgia counties lacked an obstetrician-gynecologist. One member questioned drug interactions, fragmented records and giving pharmacists prescribing authority. The sponsor said pharmacists could identify interactions and review pharmacy records, and said the obstetrician-gynecologist community supported the bill. Another member offered an amendment requiring folic acid fortification of corn flour. The amendment's sponsor said this could reduce spina bifida, which occurred at more than twice the rate among Latino people, and reduce costly care. The amendment's sponsor identified exemptions for snack foods, cottage foods and food-service establishments. The committee adopted the amendment unanimously. Asked why prescribed abstinence language had been removed, the bill's sponsor said the agencies should develop appropriate counseling protocols rather than use legislatively required wording. The committee approved the substitute as amended; no vote count was announced.

7. Senate Rules Committee, March 25, 2026

   From 0:35:10 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The presenter said HB 1138 would expand pharmacists’ scope of practice to allow them to prescribe contraception. No questions were asked. The bill was later included in the calendar package approved unanimously.

8. Senate floor session, March 31, 2026 (legislative day 39, part 2)

   From 5:25:57 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Taken from Table)

   Summary by Georgia Commons: The majority leader requested that the bill be removed from the table. The clerk read its title as enacting the Increasing Access to Contraceptives Act. The chair explained that removing and retabling the bills would preserve their availability for Thursday. The Senate removed this bill from the table without objection, then tabled it again without substantive debate.

9. Senate floor session, April 2, 2026 (legislative day 40, part 1)

   From 2:32:13 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Taken from Table)

   Summary by Georgia Commons: The sponsor said HB 1138 would let trained pharmacists provide hormonal contraceptives under a state protocol, screen for medical reasons not to dispense them, refer patients when needed and provide written information. Participation would be voluntary. The sponsor cited 82 counties without an obstetrician-gynecologist and described insurance coverage for an initial three-month supply and renewals of up to 12 months. The committee substitute also required folic-acid fortification of corn masa products. An amendment's author proposed removing that requirement, saying the FDA should address it, and adjusting criminal- and civil-liability language at the governor's request. An opposing senator supported contraceptive access but argued that fortification could prevent birth defects and reduce public costs. That senator said wheat fortification had reduced spina bifida by 30%, Latino populations had more than twice the rate of other populations, and medical costs could exceed $1 million per affected person. The senator also reported being told the governor would veto the combined bill. The removal amendment passed 29 to 22. The Senate then passed the amended substitute 49 to 1.

10. House floor session, April 2, 2026 (legislative day 40, PM, part 2)

    From 3:45:33 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Agreed Senate Amend or Sub)

    Summary by Georgia Commons: The sponsor said HB 1138 would allow pharmacists to prescribe contraception. The clerk's reading described dispensing self-administered hormonal contraceptives and administering injectable hormonal contraceptives in certain circumstances. The sponsor said the Senate's substantive change replaced the Georgia Composite Medical Board with the Department of Public Health as the agency working with the Pharmacy Board. The sponsor said the department already had the capacity for that work. No substantive questions were answered. The House agreed to the Senate's replacement version, 158 to 11.

• Read aloud: House floor session, February 3, 2026 (legislative day 11), 0:26:32
• Read aloud: House floor session, February 4, 2026 (legislative day 12), 0:29:11
• Read aloud: House floor session, February 24, 2026 (legislative day 23), 0:50:56
• Read aloud: Senate floor session, March 6, 2026 (legislative day 28, part 1), 0:39:28
• Read aloud: Senate floor session, March 25, 2026 (legislative day 37), 0:34:02

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