Georgia CommonsHB 1138: Increasing Access to Contraceptives Act; enact
Enrolled version, the latest LegiScan holds · Last action May 11, 2026 · Passed
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
House Bill 1138 (AS PASSED HOUSE AND SENATE)
By: Representatives Camp of the 135th, Jones of the 47th, Ballard of the 147th, Rice of the 139th, Reeves of the 99th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 26, 33, and 49 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, insurance, and social services, respectively, so as to authorize pharmacists in certain circumstances to dispense self-administered hormonal contraceptives or administer injectable hormonal contraceptives; to provide for a definition; to provide minimum amounts of certain contraceptives that shall be provided by insurers; to provide for certain minimums regarding Medicaid contraception coverage; to provide for compensation of pharmacists; to provide for a short title; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Increasing Access to Contraceptives Act."
SECTION 2.
Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in Chapter 4, relating to pharmacists and pharmacies, by adding a new Code section to read as follows:
"26-4-53.
(a) As used in this Code section, the term 'practitioner' means a physician duly licensed under Article 2 of Chapter 34 of Title 43, advanced practice registered nurse acting pursuant to the authority under Code Section 43-34-25, or physician assistant acting pursuant to the authority under Code Sections 43-34-23 and 43-34-105, who is a resident of and actively engaged in the practice of his or her profession in this state.
(b) A person licensed under Chapter 4 of this title, the 'Georgia Pharmacy Practice Act,' who is acting in good faith and exercising reasonable care as a pharmacist and who is employed by a hospital or a pharmacy that is licensed by this state may dispense a self-administered contraceptive or administer an injectable contraceptive pursuant to a written joint protocol agreement issued in accordance with subsection (d) of this Code section to a patient.
(c) Nothing in this Code section shall be construed to require a pharmacist to dispense a self-administered contraceptive or administer an injectable contraceptive. Nothing in this article shall be construed to amend a pharmacist's duties to dispense or otherwise provide contraception prescribed by a practitioner.
(d) The Department of Public Health and the Georgia State Board of Pharmacy shall issue a written joint protocol agreement to take effect on January 1, 2027, which shall authorize pharmacists to dispense self-administered contraceptives and administer injectable contraceptives without a patient-specific written order, and such agreement shall include the following:
(1) Education or training that the Georgia State Board of Pharmacy shall determine to be necessary for a pharmacist to dispense a self-administered contraceptive or administer an injectable contraceptive;
(2) Information that a pharmacist shall provide to a patient prior to dispensing a self-administered contraceptive or administering an injectable contraceptive and confirmation that the required information was provided to the patient;
(3) Documentation regarding the dispensing of a self-administered contraceptive or the administering of an injectable contraceptive;
(4) Evaluation and review of the dispensing and administration practices used by pharmacists authorized to dispense a self-administered contraceptive or administer an injectable contraceptive; and
(5) Any additional provisions that the Department of Public Health and the Georgia State Board of Pharmacy determine to be necessary or appropriate for inclusion in the protocol, including any reporting requirements.
(e) For each new patient requesting a self-administered contraceptive or injectable contraceptive and at least every 12 months for each returning patient, the written joint protocol agreement provided in subsection (d) of this Code section shall require a pharmacist dispensing or administering such contraceptives pursuant to this Code section to:
(1) Obtain a completed self-screening risk assessment;
(2) Utilize a standardized procedure as established by the Department of Public Health and the Georgia State Board of Pharmacy to perform a patient assessment;
(3) Dispense, if clinically appropriate, a self-administered contraceptive or administer an injectable contraceptive, or refer the patient to a practitioner;
(4) Provide the patient with a visit summary;
(5) Advise the patient to consult with a practitioner;
(6) Refer any patient who may be subject to abuse to the appropriate social services agency; and
(7) Ensure that the pharmacy provides appropriate space to prevent the spread of infection and ensure confidentiality.
(f) The Department of Public Health and the Georgia State Board of Pharmacy may appoint an advisory committee of healthcare professionals licensed in this state to advise and assist in the development of the written joint protocol agreement provided in subsection (d) of this Code section for its consideration.
(g) Prior to dispensing self-administered contraceptives or administering injectable contraceptives, a pharmacist shall have completed a certificate program that has been accredited by the American Council for Pharmacy Education or a similar health authority or professional body approved by the Georgia State Board of Pharmacy, as specified in the written joint protocol agreement provided in subsection (d) of this Code section, that is program-specific to self-administered contraceptives or injectable contraceptives, that includes the application of the United States Medical Eligibility Criteria for Contraceptive Use, and that includes federal Centers for Disease Control and Prevention guidance on contraception. The initial program required shall include 12 hours of self-study, eight hours of live or recorded seminar, a written examination, and a hands-on assessment of intramuscular and subcutaneous injection technique. To maintain eligibility, a pharmacist shall complete at least one hour of continuing education per year that is offered by an entity approved by the Georgia State Board of Pharmacy. An equivalent curriculum based training program completed on or after January 1, 2026, in an accredited Georgia pharmacy school shall satisfy the initial education requirement. Verification of compliance with the initial education requirement and continued eligibility shall be conducted by the Georgia State Board of Pharmacy.
(h) A pharmacist who dispenses a self-administered contraceptive or administers an injectable contraceptive pursuant to this chapter shall:
(1) Obtain a completed self-screening risk assessment questionnaire that has been approved by the Department of Public Health, in collaboration with the Georgia State Board of Pharmacy, from the patient before dispensing the self-administered contraceptive or administering the injectable contraceptive. If the results of the assessment indicate that it is unsafe to dispense a self-administered contraceptive or administer an injectable contraceptive to a patient, then the pharmacist may not dispense a self-administered contraceptive or administer an injectable contraceptive to the patient; and
(2) Provide the patient with written materials regarding:
(A) The importance of seeing the patient's practitioner annually to obtain recommended tests and screening;
(B) The effectiveness and availability of long-acting reversible contraceptives as an alternative to self-administered contraceptives or injectable contraceptives;
(C) A copy of the record of the encounter with the patient that includes the patient's completed assessment questionnaire;
(D) A description of the contraceptive dispensed or administered, or the basis for not dispensing or administering a contraceptive;
(E) If applicable, the Medicaid program in this state and how to apply for Medicaid benefits; and
(F) The effectiveness of abstinence in preventing pregnancy and contracting a sexually transmitted disease.
(i) If a pharmacist dispenses a self-administered contraceptive or administers an injectable contraceptive to a patient, then the pharmacist shall, at a minimum, provide counseling to the patient regarding:
(1) The appropriate administration and storage of a self-administered contraceptive, if appropriate;
(2) Any potential side effects and risks of a self-administered contraceptive or injectable contraceptive;
(3) The need for backup contraception;
(4) When to seek emergency medical attention; and
(5) The risk of contracting a sexually transmitted disease, along with ways to reduce the risk of contraction.
(j) A pharmacist who dispenses a self-administered contraceptive or administers an injectable contraceptive in accordance with the provisions of this Code section shall not be subject to criminal or civil liability."
SECTION 3.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Chapter 24, relating to insurance generally, by adding a new Code section to read as follows:
"33-24-59.37.
(a) Every health benefit policy that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner which provides coverage for prescription drugs on an outpatient basis shall provide coverage for any prescribed drug or device approved by the United States Food and Drug Administration for use as a contraceptive to the extent required in subsection (b) of this Code section.
(b) Every health benefit policy that provides benefits for a prescriptive contraceptive drug shall provide an insured or enrollee with coverage for no less than a three-month supply of the covered prescription at one time the first time that the insured or enrollee obtains the drug and a 12 month supply of the covered prescription at one time each subsequent time the insured or enrollee obtains the drug.
(c) An insured or enrollee may obtain no more than a 12 month supply of a covered prescription contraceptive drug during each 12 month period.
(d) Every insurer providing a policy described in subsection (a) of this Code section is prohibited from denying reimbursement to a pharmacist or the employer of a pharmacist who dispenses a self-administered contraceptive or administers an injectable contraceptive in accordance with the provisions of Code Section 26-4-53. Such reimbursement shall be no less the rate than that provided to physician assistants and nurse practitioners providing the same or substantially the same service."
SECTION 4.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Chapter 4, relating to public assistance, by adding a new Code section to read as follows:
"49-4-159.5.
(a) The department shall provide Medicaid recipients who are women with no less than a three-month supply of covered contraceptive drugs at one time the first time that the recipient obtains the drug and a 12 month supply of the covered prescription at one time each subsequent time such recipient obtains the drug.
(b) The department shall provide Medicaid recipients who are women with no more than a 12 month supply of covered contraceptive drugs during each 12 month period.
(c) The department shall reimburse a pharmacist or the employer of a pharmacist who dispenses a self-administered contraceptive or administers an injectable contraceptive in accordance with the provisions of Code Section 26-4-53. Such reimbursement shall be no less the rate than that provided to physician assistants and nurse practitioners providing the same or substantially the same service.
(d) To implement the provisions of this Code section, the department shall, when necessary, submit a Medicaid state plan amendment or waiver request to the United States Department of Health and Human Services."
SECTION 5.
This Act shall become effective on January 1, 2027, and shall apply to all applicable insurance policies issued, delivered, issued for delivery, or renewed on or after that date.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.