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NO. 101.  AN ACT RELATING TO EMERGENCY CONTRACEPTION.

(H.237)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  26 V.S.A. chapter 36, subchapter 7 is added to read:

Subchapter 7.  Emergency Contraception

§ 2077.  DEFINITIONS

As used in this subchapter:

(1)  “Emergency contraception” means medication that prevents pregnancy after sexual intercourse.

(2)  “Other prescriber” means a person other than a physician who is authorized under state law to prescribe drugs.

§ 2078.  EMERGENCY CONTRACEPTION; COLLABORATIVE

              PRACTICE

(a)  Notwithstanding any other provision of law, a licensed pharmacist, under a collaborative agreement with a physician or other prescriber, may initiate and dispense emergency contraception in accordance with a protocol between the pharmacist and the physician or other prescriber.  The protocol shall be consistent with the minimum standards contained in the standard protocol and procedures developed pursuant to subsection 2079(a) of this title.  The pharmacist shall complete the emergency contraception education and training program established under subsection 2079(b) of this title before dispensing emergency contraception.

(b)  For any emergency contraception dispensed pursuant to this section, the pharmacist shall provide the patient using the emergency contraception with a standardized fact sheet developed pursuant to subsection 2079(a) of this title that includes the indications for use of the drug, the appropriate method for using the drug, information on the importance of follow-up health care, health care referral information, information on sexual assault, information on the risks of unprotected sexual intercourse, and referral to appropriate agencies and other appropriate information.

(c)  Nothing in this section affects the requirements of existing law relating to maintaining the confidentiality of medical records.

§ 2079.  EMERGENCY CONTRACEPTION PROTOCOL AND

               EDUCATION PROGRAM

(a)  The department of health, in collaboration with the board of pharmacy and other appropriate organizations, shall develop a standard protocol and procedures, by rule pursuant to chapter 25 of Title 3, for initiating and dispensing emergency contraception by pharmacists pursuant to this subchapter.  The protocol and procedures shall include the minimum standards required to be contained in the protocol between the pharmacist and the physician or other prescriber, a standard informed consent form to be signed by the patient using the emergency contraception, the appropriate information to be provided to the patient using the emergency contraception, information needed by the pharmacist prior to dispensing emergency contraception, appropriate referrals, sensitive communication with and protection of the needs of vulnerable individuals, privacy considerations, necessary forms, and any documentation requirements.

(b)  Prior to dispensing emergency contraception authorized by this subchapter, a pharmacist shall complete an emergency contraception education and training program delivered by an entity authorized by a national council on pharmaceutical education or another training program approved by the board of pharmacy.  The training program shall include information on conducting sensitive communications, quality assurance, referral to appropriate community and medical services, and documentation requirements, if any.

Sec. 2.  33 V.S.A. § 4913 is amended to read:

§ 4913.  SUSPECTED CHILD ABUSE AND NEGLECT; REMEDIAL

              ACTION

(a)  Any physician, surgeon, osteopath, chiropractor, or physician's assistant licensed, certified, or registered under the provisions of Title 26, any resident physician, intern, or any hospital administrator in any hospital in this state, whether or not so registered, and any registered nurse, licensed practical nurse, medical examiner, dentist, psychologist, pharmacist, any other health care provider, school superintendent, school teacher, school librarian, day care worker, school principal, school guidance counselor, mental health professional, social worker, probation officer, police officer, camp owner, camp administrator, camp counselor, or member of the clergy who has reasonable cause to believe that any child has been abused or neglected shall report or cause a report to be made in accordance with the provisions of section 4914 of this title within 24 hours.  As used in this subsection, "camp" includes any residential or nonresidential recreational program.

* * *

Approved:  March 29, 2006



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us