AB 968

AB968:v96#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 968

An act to amend Sections 733, 2242.2, 4052, 4052.3, and 4064.5 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

AB 968, as amended, Boerner. Contraceptives.

Existing law, the Pharmacy Law, establishes, in the Department of Consumer Affairs, the California State Board of Pharmacy to license and regulate the practice of pharmacy.

Existing law prohibits a health care licentiate from obstructing a patient in obtaining a prescription drug or device that has been legally prescribed or ordered for that patient and requires a licentiate to dispense drugs and devices pursuant to a lawful order or prescription, except under specified circumstances. Existing law applies these provisions to emergency contraception drug therapy and self-administered hormonal contraceptives.

This bill would, instead, make those provisions applicable to emergency contraception drug therapy, over-the-counter contraceptives, and prescription-only contraceptives.

Existing law authorizes a physician and surgeon, nurse practitioner, registered nurse, and specified other health care practitioners acting within the scope of their practice to use a self-screening tool to identify patient risk factors for the use of self-administered hormonal contraceptives by a patient and, after examination, to prescribe, furnish, or dispense self-administered hormonal contraceptives to the patient.

This bill would, instead, make those provisions applicable to contraceptives.

Existing law authorizes a pharmacist to furnish emergency contraception drug therapy and self-administered hormonal contraceptives in accordance with specified requirements, including notifying the patient’s primary care provider of the drug or device furnished to the patient or satisfying one of specified alternative requirements.

This bill would, instead, authorize a pharmacist to furnish emergency contraception drug therapy, over-the-counter contraceptives, and prescription-only contraceptives pursuant to those provisions.

Existing law authorizes a pharmacist to furnish self-administered hormonal contraceptives in accordance with standardized procedures or protocols developed and approved by both the California State Board of Pharmacy and the Medical Board of California, in consultation with specified other entities.

This bill would, instead, would authorize a pharmacist to also furnish prescription-only federal Food and Drug Administration-approved nonhormonal contraceptives in accordance with those standardized procedures or protocols. The bill would authorize a pharmacist to furnish over-the-counter contraceptives without the standardized procedures or protocols. The bill would require a pharmacist, for each federal Food and Drug Administration-approved nonhormonal contraceptives initiated, to provide the recipient with a standardized fact sheet, as specified.

Existing law prohibits a pharmacist, pharmacist’s employer, or pharmacist’s agent from directly charging a patient a separate consultation fee for emergency contraception drug therapy services and requires the pharmacist to disclose the total retail price of the emergency contraception drug therapy. Existing law makes those provisions inoperative for dedicated emergency contraception drugs if these drugs are reclassified as over-the-counter products by the federal Food and Drug Administration.

This bill would delete those provisions.

Existing law requires a pharmacist to dispense, at a patient’s request, up to a 12-month supply of an FDA-approved, self-administered hormonal contraceptive.

This bill would, instead, make those provisions applicable to contraceptives.

This bill would make related conforming changes.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 733 of the Business and Professions Code is amended to read:

733.

(a)A licentiate shall not obstruct a patient in obtaining a prescription drug or device that has been legally prescribed or ordered for that patient. A violation of this section constitutes unprofessional conduct by the licentiate and shall subject the licentiate to disciplinary or administrative action by their licensing agency.

(b)Notwithstanding any other law, a licentiate shall dispense drugs and devices, as described in subdivision (a) of Section 4024, pursuant to a lawful order or prescription unless one of the following circumstances exists:

(1)Based solely on the licentiate’s professional training and judgment, dispensing pursuant to the order or the prescription is contrary to law, or the licentiate determines that the prescribed drug or device would cause a harmful drug interaction or would otherwise adversely affect the patient’s medical condition.

(2)The prescription drug or device is not in stock. If an order, other than an order described in Section 4019, or prescription cannot be dispensed because the drug or device is not in stock, the licentiate shall take one of the following actions:

(A)Immediately notify the patient and arrange for the drug or device to be delivered to the site or directly to the patient in a timely manner.

(B)Promptly transfer the prescription to another pharmacy known to stock the prescription drug or device that is near enough to the site from which the prescription or order is transferred, to ensure the patient has timely access to the drug or device.

(C)Return the prescription to the patient and refer the patient. The licentiate shall make a reasonable effort to refer the patient to a pharmacy that stocks the prescription drug or device that is near enough to the referring site to ensure that the patient has timely access to the drug or device.

(3)The licentiate refuses on ethical, moral, or religious grounds to dispense a drug or device pursuant to an order or prescription. A licentiate may decline to dispense a prescription drug or device on this basis only if the licentiate has previously notified their employer, in writing, of the drug or class of drugs to which they object, and the licentiate’s employer can, without creating undue hardship, provide a reasonable accommodation of the licentiate’s objection. The licentiate’s employer shall establish protocols that ensure that the patient has timely access to the prescribed drug or device despite the licentiate’s refusal to dispense the prescription or order. For purposes of this section, “reasonable accommodation” and “undue hardship” shall have the same meaning as applied to those terms pursuant to subdivision (l) of Section 12940 of the Government Code.

(c)For the purposes of this section, “prescription drug or device” has the same meaning as the definition in Section 4022.

(d)This section applies to emergency contraception drug therapy, over-the-counter contraceptives, and prescription-only contraceptives described in Section 4052.3.

(e)This section imposes no duty on a licentiate to dispense a drug or device pursuant to a prescription or order without payment for the drug or device, including payment directly by the patient or through a third-party payer accepted by the licentiate or payment of any required copayment by the patient.

(f)The notice to consumers required by Section 4122 shall include a statement that describes patients’ rights relative to the requirements of this section.

SEC. 2.SECTION 1.

Section 2242.2 of the Business and Professions Code is amended to read:

2242.2.

Notwithstanding any other law, a physician and surgeon, a nurse practitioner acting within the scope of Section 2837.103 or 2837.104, a registered nurse acting in accordance with Section 2725.2, a certified nurse-midwife acting within the scope of Section 2746.51, a nurse practitioner acting within the scope of Section 2836.1, a physician assistant acting within the scope of Section 3502.1, and a pharmacist acting within the scope of Section 4052.3 may use a self-screening tool that will identify patient risk factors for the use of contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or dispense, as applicable, contraceptives to the patient. Blood pressure, weight, height, and patient health history may be self-reported using the self-screening tool that identifies patient risk factors.

SEC. 3.Section 4052 of the Business and Professions Code is amended to read:

4052.

(a)Notwithstanding any other law, a pharmacist may do all of the following:

(1)Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.

(2)Transmit a valid prescription to another pharmacist.

(3)Administer drugs and biological products that have been ordered by a prescriber.

(4)Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.

(5)Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.

(6)Perform procedures or functions as authorized by Section 4052.6.

(7)Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patient’s representative concerning the use of those devices.

(8)Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.

(9)Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.

(10)Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):

(A)(i)Emergency contraception drug therapy, over-the-counter contraceptives, and prescription-only contraceptives, as authorized by Section 4052.3.

(ii)Nicotine replacement products, as authorized by Section 4052.9.

(iii)Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.

(iv)HIV preexposure prophylaxis, as authorized by Section 4052.02.

(v)HIV postexposure prophylaxis, as authorized by Section 4052.03.

(B)The pharmacist shall notify the patient’s primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patient’s choice.

(11)Administer immunizations pursuant to a protocol with a prescriber.

(12)Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patient’s primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patient’s diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.

(13)Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.

(14)Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.

(b)A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.

(c)This section does not affect the applicable requirements of law relating to either of the following:

(1)Maintaining the confidentiality of medical records.

(2)The licensing of a health care facility.

SEC. 4.SEC. 2.

Section 4052.3 of the Business and Professions Code is amended to read:

4052.3.

(a) (1) Notwithstanding any other law, a pharmacist may furnish prescription-only self-administered hormonal or federal Food and Drug Administration-approved nonhormonal contraceptives in accordance with standardized procedures or protocols developed and approved by both the board and the Medical Board of California in consultation with the American Congress of Obstetricians and Gynecologists, the California Pharmacists Association, and other appropriate entities. The standardized procedure or protocol shall require that the patient use a self-screening tool that will identify patient risk factors for use of prescription-only contraceptives, based on the most recent United States Medical Eligibility Criteria (USMEC) for Contraceptive Use developed by the federal Centers for Disease Control and Prevention, and that the pharmacist refer the patient to the patient’s primary care provider or, if the patient does not have a primary care provider, to nearby clinics, upon furnishing a prescription-only contraceptive pursuant to this subdivision, or if it is determined that use of a contraceptive is not recommended.

(2) The board and the Medical Board of California are both authorized to ensure compliance with this subdivision, and each board is specifically charged with the enforcement of this subdivision with respect to its respective licensees. This subdivision does not expand the authority of a pharmacist to prescribe any prescription medication.

(b) (1) Notwithstanding any other law, a pharmacist may furnish emergency contraception in accordance with either of the following:

(A) Standardized procedures or protocols developed by the pharmacist and an authorized prescriber who is acting within their scope of practice.

(B) Standardized procedures or protocols developed and approved by both the board and the Medical Board of California in consultation with the American Congress of Obstetricians and Gynecologists, the California Pharmacists Association, and other appropriate entities. The board and the Medical Board of California are both authorized to ensure compliance with this subparagraph, and each board is specifically charged with the enforcement of this provision with respect to its respective licensees. This subdivision does not expand the authority of a pharmacist to prescribe any prescription medication.

(2) Prior to performing a procedure authorized under this subdivision, a pharmacist shall complete a training program on emergency contraception that consists of at least one hour of approved continuing education on emergency contraception drug therapy.

(3) A pharmacist shall not require a patient to provide individually identifiable medical information that is not specified in Section 1707.1 of Title 16 of the California Code of Regulations before initiating emergency contraception drug therapy pursuant to this subdivision.

(c)Notwithstanding any other law, a pharmacist may furnish over-the-counter contraceptives without the standardized procedures or protocols that subdivision (a) requires for prescription-only contraceptives.

(d)

(c) For each emergency contraception or prescription-only drug therapy or self-administered hormonal or federal Food and Drug Administration-approved nonhormonal contraception initiated pursuant to this section, the pharmacist shall provide the recipient with a standardized factsheet that includes, but is not limited to, the indications and contraindications for use, the appropriate method for use, the need for medical followup, and other appropriate information. The board shall develop this form in consultation with the State Department of Public Health, the American Congress of Obstetricians and Gynecologists, the California Pharmacists Association, and other health care organizations. This section does not preclude the use of existing publications developed by nationally recognized medical organizations.

SEC. 5.SEC. 3.

Section 4064.5 of the Business and Professions Code is amended to read:

4064.5.

(a) A pharmacist may dispense not more than a 90-day supply of a dangerous drug other than a controlled substance pursuant to a valid prescription that specifies an initial quantity of less than a 90-day supply followed by periodic refills of that amount if all of the following requirements are satisfied:

(1) The patient has completed an initial 30-day supply of the dangerous drug.

(2) The total quantity of dosage units dispensed does not exceed the total quantity of dosage units authorized by the prescriber on the prescription, including refills.

(3) The prescriber has not specified on the prescription that dispensing the prescription in an initial amount followed by periodic refills is medically necessary.

(4) The pharmacist is exercising their professional judgment.

(b) For purposes of this section, if the prescription continues the same medication as previously dispensed in a 90-day supply, the initial 30-day supply under paragraph (1) of subdivision (a) is not required.

(c) A pharmacist dispensing an increased supply of a dangerous drug pursuant to this section shall notify the prescriber of the increase in the quantity of dosage units dispensed.

(d) In no case shall a pharmacist dispense a greater supply of a dangerous drug pursuant to this section if the prescriber personally indicates, either orally or in their own handwriting, “No change to quantity,” or words of similar meaning. Nothing in this subdivision shall prohibit a prescriber from checking a box on a prescription marked “No change to quantity,” provided that the prescriber personally initials the box or checkmark. To indicate that an increased supply shall not be dispensed pursuant to this section for an electronic data transmission prescription as defined in subdivision (c) of Section 4040, a prescriber may indicate “No change to quantity,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “No change to quantity.” In either instance, it shall not be required that the prohibition on an increased supply be manually initialed by the prescriber.

(e) This section shall not apply to psychotropic medication or psychotropic drugs as described in subdivision (d) of Section 369.5 of the Welfare and Institutions Code.

(f) Except for the provisions of subdivision (d), this section does not apply to contraceptives.

(1) A pharmacist shall dispense, at a patient’s request, up to a 12-month supply of a contraceptive pursuant to a valid prescription that specifies an initial quantity followed by periodic refills.

(2) A pharmacist furnishing a contraceptive pursuant to Section 4052.3 under protocols developed by the California State Board of Pharmacy or an over-the-counter contraceptive may furnish, at the patient’s request, up to a 12-month supply at one time.

(3) Nothing in this subdivision shall be construed to require a pharmacist to dispense or furnish a drug if it would result in a violation of Section 733.

(g) Nothing in this section shall be construed to require a health care service plan, health insurer, workers’ compensation insurance plan, pharmacy benefits manager, or any other person or entity, including, but not limited to, a state program or state employer, to provide coverage for a dangerous drug in a manner inconsistent with a beneficiary’s plan benefit.