HB1138: HB1138 Increasing Access to Contraceptives Act; enact

Currently, getting hormonal birth control in Georgia generally requires a prescription from a doctor, nurse practitioner, or physician assistant. This bill, called the Increasing Access to Contraceptives Act, would let pharmacists dispense self-administered contraceptives (like pills) or give injectable contraceptives directly to patients, under a statewide protocol the Department of Public Health and the Georgia State Board of Pharmacy must create. Pharmacists would need specific training, must screen patients with a risk questionnaire, and must provide counseling and written materials on side effects, alternatives, and other health topics before dispensing. Pharmacists are not required to offer this service, and those who follow the rules are protected from criminal or civil liability. The bill also requires private health insurance plans and Georgia's Medicaid program to cover a three-month supply of contraceptives on a patient's first fill and a 12-month supply after that, up to a 12-month total per year. Insurers and Medicaid must reimburse pharmacists at least as much as they pay nurse practitioners or physician assistants for the same service. The law takes effect January 1, 2027.

• Creates a new Georgia law (O.C.G.A. § 26-4-53) allowing trained pharmacists to dispense self-administered contraceptives or give injectable contraceptives without a patient-specific doctor's order.
• Requires the Department of Public Health and the Georgia State Board of Pharmacy to write a joint protocol by January 1, 2027 covering training, patient screening, documentation, and review.
• Sets specific pharmacist training requirements, including 12 hours of self-study, 8 hours of seminar, a written exam, and a hands-on injection technique assessment.
• Requires private health insurance plans that cover prescription drugs to provide a 3-month contraceptive supply on the first fill and a 12-month supply on later fills, up to 12 months per year.
• Requires Georgia's Medicaid program to provide the same 3-month and 12-month contraceptive supply minimums to women enrollees.
• Requires insurers and Medicaid to reimburse pharmacists for dispensing or administering contraceptives at rates no lower than those paid to nurse practitioners or physician assistants for the same service.

Pharmacists and pharmacies licensed in Georgia, patients seeking contraception, private health insurers offering drug coverage in the state, Georgia's Medicaid program and its recipients who are women, and the Department of Public Health and the Georgia State Board of Pharmacy, which must jointly develop training and protocol rules.

Georgians could get birth control pills or injections directly from a pharmacist instead of scheduling a doctor's visit, potentially making contraception faster and easier to access. Insurance and Medicaid patients would also be guaranteed larger supplies per pharmacy visit, reducing how often they need refills.

• Section 2 adds O.C.G.A. § 26-4-53, letting pharmacists dispense self-administered contraceptives or administer injectable contraceptives under a written joint protocol effective January 1, 2027.
• Section 2(g) sets training requirements: 12 hours self-study, 8 hours seminar, a written exam, hands-on injection assessment, and 1 hour of annual continuing education.
• Section 2(h)-(i) requires pharmacists to screen patients with a risk questionnaire, deny service if unsafe, and provide counseling on side effects, backup contraception, and STD risk.
• Section 2(j) shields pharmacists who follow the law's requirements from criminal or civil liability for dispensing or administering contraceptives.
• Section 3 adds O.C.G.A. § 33-24-59.37, requiring health insurance policies covering prescription drugs to provide a 3-month initial supply and 12-month subsequent supply of contraceptives, capped at 12 months per year.
• Section 4 adds O.C.G.A. § 49-4-159.5, applying the same supply minimums to Medicaid recipients who are women and requiring the department to seek any needed federal plan amendments or waivers.
• Sections 3 and 4 require insurers and Medicaid to reimburse pharmacists at rates at least equal to those paid to nurse practitioners or physician assistants for the same service.
• Section 5 sets the effective date as January 1, 2027, applying to insurance policies issued or renewed on or after that date.

1. 2026-05-11Effective Date 2027-01-01
2. 2026-05-11Act 447
3. 2026-05-11House Date Signed by Governor (House)
4. 2026-04-10House Sent to Governor (House)
5. 2026-04-02House Agreed Senate Amend or Sub (House)
6. 2026-04-02Senate Passed/Adopted By Substitute (Senate)
7. 2026-04-02Senate Third Read (Senate)
8. 2026-04-02Senate Taken from Table (Senate)

• Beth Camp (R, HD-135)Primary sponsor
• Jan Jones (R, HD-047)
• Bethany Ballard (R, HD-147)
• Carmen Rice (R, HD-139)
• Matt Reeves (R, HD-099)
• Gerald Greene (R, HD-154)
• Kay Kirkpatrick (R, SD-032)

1. PassedHouse voteMarch 4, 2026

   162 yea, 4 nay (2 not voting, 9 absent)

   Passage: House Vote #613

2. PassedSenate voteMarch 27, 2026

   26 yea, 22 nay (3 not voting, 3 absent)

   Motion To Table Remaining Legislation On The Rules Calendar: Senate Vote #835

3. PassedSenate voteApril 2, 2026

   29 yea, 22 nay (2 not voting, 1 absent)

   Adoption Of Amendment #1 By The Senator From The 1st: Senate Vote #930

4. PassedSenate voteApril 2, 2026

   49 yea, 1 nay (3 not voting, 1 absent)

   Passage By Substitute: Senate Vote #931

5. PassedHouse voteApril 2, 2026

   158 yea, 11 nay (4 not voting, 3 absent)

   Agree To Senate Substitute: House Vote #874

• contraceptives
• pharmacist prescribing
• health insurance coverage
• Medicaid
• reproductive healthcare