AB 968: Contraceptives.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2025-07-09
Current Status:
In Progress
(2025-09-13: Ordered to inactive file at the request of Senator Pérez.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill lets pharmacists and other health care providers use a self‑screening tool to prescribe, provide, or dispense a wider range of contraceptives — including emergency contraception, over‑the‑counter products, prescription contraceptives, and FDA‑approved nonhormonal options — under approved procedures and requires pharmacists to give patients a standardized factsheet when starting a method. It also bars licensed providers from blocking a patient’s access to legally prescribed or ordered contraceptives and allows pharmacists to dispense up to a 12‑month supply at a patient’s request.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
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 patients 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, pharmacists employer, or pharmacists 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 patients 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.
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 authorizes a pharmacist to, among other things, furnish self-administered hormonal contraceptives and emergency contraception drug therapy pursuant to specified standardized procedures or protocols and requires a pharmacist to provide the recipient of the drug with a factsheet, as specified. Existing law authorizes a pharmacist to furnish a 12-month supply of federal Food and Drug Administration (FDA)-approved, self-administered hormonal contraceptive at a patients request under protocols developed by the board.
This bill would expand these authorizations to include self-administered FDA-approved nonhormonal contraceptives. The bill would make related conforming changes.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 also apply these provisions to self-administered FDA-approved nonhormonal 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 patients 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, authorize a pharmacist to furnish prescription-only 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.
Existing law prohibits a pharmacist, pharmacists employer, or pharmacists 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 patients 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.
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 authorizes a pharmacist to, among other things, furnish self-administered hormonal contraceptives and emergency contraception drug therapy pursuant to specified standardized procedures or protocols and requires a pharmacist to provide the recipient of the drug with a factsheet, as specified. Existing law authorizes a pharmacist to furnish a 12-month supply of federal Food and Drug Administration (FDA)-approved, self-administered hormonal contraceptive at a patients request under protocols developed by the board.
This bill would expand these authorizations to include self-administered FDA-approved nonhormonal contraceptives. The bill would make related conforming changes.
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 also apply these provisions to self-administered FDA-approved nonhormonal contraceptives.
Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and classifies electric bicycles into 3 classes with different restrictions for various purposes. Existing law subjects a person riding an electric bicycle to all laws concerning the operation of bicycles, as specified. Existing law requires that manufacturers and distributors of electric bicycles apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number of the electric bicycle, as specified. A violation of the Vehicle Code is a crime.This bill would, commencing January 1, 2026, require manufacturers and distributors of electric bicycles to include a notice in the electric bicycles packaging that informs parents of minor riders of the risks and responsibilities associated with operating an electric bicycle. By creating a new crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and classifies electric bicycles into 3 classes with different restrictions for various purposes. Existing law subjects a person riding an electric bicycle to all laws concerning the operation of bicycles, as specified. Existing law requires that manufacturers and distributors of electric bicycles apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number of the electric bicycle, as specified. A violation of the Vehicle Code is a crime.
This bill would, commencing January 1, 2026, require manufacturers and distributors of electric bicycles to include a notice in the electric bicycles packaging that informs parents of minor riders of the risks and responsibilities associated with operating an electric bicycle. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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 patients 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 patients 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 patients 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 patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients 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 patients 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 patients 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 patients 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 beneficiarys plan benefit.
(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 licentiates 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 patients 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 licentiates employer can, without creating undue hardship, provide a reasonable accommodation of the licentiates objection. The licentiates employer shall establish protocols that ensure that the patient has timely access to the prescribed drug or device despite the licentiates 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 and self-administered hormonal and federal Food and Drug Administration-approved nonhormonal 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 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 self-administered hormonal or federal Food and Drug Administration-approved nonhormonal contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or dispense, as applicable, self-administered hormonal or federal Food and Drug Administration-approved nonhormonal 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 patients 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 and self-administered hormonal or federal Food and Drug Administration-approved nonhormonal 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 patients 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 patients 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 patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients 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.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 self-administered hormonal or federal Food and Drug Administration-approved nonhormonal prescription-only 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 self-administered hormonal or federal Food and Drug Administration-approved nonhormonal prescription-only contraceptives, based on the current 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 patients primary care provider or, if the patient does not have a primary care provider, to nearby clinics, upon furnishing a self-administered hormonal or federal Food and Drug Administration-approved nonhormonal prescription-only contraceptive pursuant to this subdivision, or if it is determined that use of a self-administered hormonal or federal Food and Drug Administration-approved nonhormonal 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 drug therapy 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, pharmacists employer, or pharmacists agent shall not directly charge a patient a separate consultation fee for emergency contraception drug therapy services initiated pursuant to this subdivision, but may charge an administrative fee not to exceed ten dollars ($10) above the retail cost of the drug. Upon an oral, telephonic, electronic, or written request from a patient or customer, a pharmacist or pharmacists employee shall disclose the total retail price that a consumer would pay for emergency contraception drug therapy. As used in this paragraph, total retail price includes providing the consumer with specific information regarding the price of the emergency contraception drugs and the price of the administrative fee charged. This limitation is not intended to interfere with other contractually agreed-upon terms between a pharmacist, a pharmacists employer, or a pharmacists agent, and a health care service plan or insurer. Patients who are insured or covered and receive a pharmacy benefit that covers the cost of emergency contraception shall not be required to pay an administrative fee. These patients shall be required to pay copayments pursuant to the terms and conditions of their coverage. This paragraph shall become inoperative for dedicated emergency contraception drugs if these drugs are reclassified as over-the-counter products by the federal Food and Drug Administration. (4)(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.
(c)(d)For each emergency contraception drug therapy or self-administered hormonal or federal Food and Drug Administration-approved nonhormonal or prescription-only contraception initiated pursuant to this section, the pharmacist shall provide the recipient of the drug with a standardized factsheet that includes, but is not limited to, the indications and contraindications for use of the drug, use, the appropriate method for using the drug, 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.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 FDA-approved, self-administered hormonal or nonhormonal contraceptives.
(1)A pharmacist shall dispense, at a patients request, up to a 12-month supply of an FDA-approved, self-administered hormonal a contraceptive pursuant to a valid prescription that specifies an initial quantity followed by periodic refills.
(2)A pharmacist furnishing an FDA-approved, self-administered hormonal or nonhormonal 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 patients 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 beneficiarys plan benefit.
(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 his or her 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 licentiates 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 patients 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 his or her their employer, in writing, of the drug or class of drugs to which he or she objects, they object, and the licentiates employer can, without creating undue hardship, provide a reasonable accommodation of the licentiates objection. The licentiates employer shall establish protocols that ensure that the patient has timely access to the prescribed drug or device despite the licentiates 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 and self-administered hormonal and federal Food and Drug Administration-approved nonhormonal 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 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 self-administered hormonal or federal Food and Drug Administration-approved nonhormonal contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or dispense, as applicable, self-administered hormonal or federal Food and Drug Administration-approved nonhormonal 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 patients 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 and self-administered hormonal or federal Food and Drug Administration-approved nonhormonal 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 patients 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 patients 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 patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients 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.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 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 self-administered hormonal or federal Food and Drug Administration-approved nonhormonal contraceptives, based on the current 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 patients primary care provider or, if the patient does not have a primary care provider, to nearby clinics, upon furnishing a self-administered hormonal or federal Food and Drug Administration-approved nonhormonal contraceptive pursuant to this subdivision, or if it is determined that use of a self-administered hormonal or federal Food and Drug Administration-approved nonhormonal 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 drug therapy in accordance with either of the following:
(A)Standardized procedures or protocols developed by the pharmacist and an authorized prescriber who is acting within his or her 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 clause, 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, pharmacists employer, or pharmacists agent shall not directly charge a patient a separate consultation fee for emergency contraception drug therapy services initiated pursuant to this subdivision, but may charge an administrative fee not to exceed ten dollars ($10) above the retail cost of the drug. Upon an oral, telephonic, electronic, or written request from a patient or customer, a pharmacist or pharmacists employee shall disclose the total retail price that a consumer would pay for emergency contraception drug therapy. As used in this paragraph, total retail price includes providing the consumer with specific information regarding the price of the emergency contraception drugs and the price of the administrative fee charged. This limitation is not intended to interfere with other contractually agreed-upon terms between a pharmacist, a pharmacists employer, or a pharmacists agent, and a health care service plan or insurer. Patients who are insured or covered and receive a pharmacy benefit that covers the cost of emergency contraception shall not be required to pay an administrative fee. These patients shall be required to pay copayments pursuant to the terms and conditions of their coverage. This paragraph shall become inoperative for dedicated emergency contraception drugs if these drugs are reclassified as over-the-counter products by the federal Food and Drug Administration.
(4)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)For each emergency contraception 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 of the drug with a standardized factsheet that includes, but is not limited to, the indications and contraindications for use of the drug, the appropriate method for using the drug, 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.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 his or her 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 his or her 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 FDA-approved, self-administered hormonal or nonhormonal contraceptives.
(1)A pharmacist shall dispense, at a patients request, up to a 12-month supply of an FDA-approved, self-administered hormonal contraceptive pursuant to a valid prescription that specifies an initial quantity followed by periodic refills.
(2)A pharmacist furnishing an FDA-approved, self-administered hormonal or nonhormonal contraceptive pursuant to Section 4052.3 under protocols developed by the California State Board of Pharmacy may furnish, at the patients 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 beneficiarys plan benefit.
SECTION 1.Section 312.5 of the Vehicle Code is amended to read:312.5.(a)An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(1)A class 1 electric bicycle, or low-speed pedal-assisted electric bicycle, is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour.(2)A class 2 electric bicycle, or low-speed throttle-assisted electric bicycle, is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.(3)A class 3 electric bicycle, or speed pedal-assisted electric bicycle, is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4)A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(b)A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.(c)On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.(d)On and after January 1, 2026, manufacturers and distributors of electric bicycles shall include a notice in the electric bicycles packaging that informs parents of minor riders of the risks and responsibilities associated with operating an electric bicycle.(e)The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:(1)A vehicle with two or three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power.(2)A vehicle that is modified to attain a speed greater than 20 miles per hour on motor power alone or to have motor power of more than 750 watts.(3)A vehicle that is modified to have its operable pedals removed.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.(a)An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.
(1)A class 1 electric bicycle, or low-speed pedal-assisted electric bicycle, is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour.
(2)A class 2 electric bicycle, or low-speed throttle-assisted electric bicycle, is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
(3)A class 3 electric bicycle, or speed pedal-assisted electric bicycle, is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.
(4)A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.
(b)A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.
(c)On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.
(d)On and after January 1, 2026, manufacturers and distributors of electric bicycles shall include a notice in the electric bicycles packaging that informs parents of minor riders of the risks and responsibilities associated with operating an electric bicycle.
(d)(e)The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:
(1)A vehicle with two or three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power.
(2)A vehicle that is modified to attain a speed greater than 20 miles per hour on motor power alone or to have motor power of more than 750 watts.
(3)A vehicle that is modified to have its operable pedals removed.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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|---|---|
| Sep 13, 2025 | Ordered to inactive file at the request of Senator Pérez. |
| Aug 20, 2025 | Read second time. Ordered to third reading. |
| Aug 19, 2025 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 14, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 14). Re-referred to Com. on APPR. |
| Jul 9, 2025 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. P. & E.D. |
| Jul 3, 2025 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 23, 2025 | In committee: Hearing postponed by committee. |
| Jun 11, 2025 | In committee: Hearing postponed by committee. |
| Jun 9, 2025 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. P. & E.D. |
| Jun 4, 2025 | Referred to Com. on B. P. & E.D. |
| May 28, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 27, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1737.) |
| May 22, 2025 | Read second time. Ordered to third reading. |
| May 21, 2025 | From committee: Do pass. (Ayes 15. Noes 0.) (May 21). |
| May 14, 2025 | In committee: Hearing postponed by committee. |
| Apr 29, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (April 29). Re-referred to Com. on APPR. |
| Apr 10, 2025 | Re-referred to Com. on B. & P. pursuant to Assembly Rule 96. |
| Apr 8, 2025 | Re-referred to Com. on TRANS. |
| Apr 7, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Apr 7, 2025 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 10, 2025 | Referred to Com. on TRANS. |
| Feb 21, 2025 | From printer. May be heard in committee March 23. |
| Feb 20, 2025 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Jul 14, 2025 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 27, 2025 | AB 968 Boerner Assembly Third Reading | Assembly Floor |
Passed |
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| May 21, 2025 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2025 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Pharmacists Association | ** Support | |
| Essential Access Health | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 968 |
THIRD READING
Bill No: AB 968
Author: Boerner (D)
Amended: 7/9/25 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 11-0, 7/14/25
AYES: Ashby, Choi, Archuleta, Arreguín, Grayson, Menjivar, Niello, Smallwood-Cuevas, Strickland, Umberg, Weber Pierson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/27/25 - See last page for vote
SUBJECT: Contraceptives
SOURCE: Author
DIGEST:
This bill authorizes a pharmacist to furnish nonhormonal contraceptives approved by the federal Food and Drug Administration (FDA) in accordance with the standardized procedures or protocols that were developed and approved for self-administered hormonal contraceptives.
ANALYSIS:
Existing law:
- Prohibits a licensee of a healing arts board from obstructing a patient in obtaining a legally prescribed or ordered drug or device, including emergency contraception drug therapy and self-administered hormonal contraceptives. (Business and Professions Code (BPC) § 733)
- Authorizes a physician and surgeon, registered nurse, certified nurse-midwife, nurse practitioner, physician assistant, or pharmacist to, within their respective scopes, use a self-screening tool to identify patient risk factors for the use of self-administered hormonal contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or dispense self-administered hormonal contraceptives to that patient. (BPC § 2242.2)
- Authorizes a pharmacist to furnish self-administered hormonal contraceptives, in accordance with standardized procedures or protocols developed and approved by the Board and Medical Board of California (MBC) and emergency contraception drug therapy, in accordance with standardized procedures or protocols developed by the pharmacist and an authorized prescriber who is acting within his or her scope of practice or standardized procedures or protocols developed and approved by both the Board and MBC. Requires a pharmacist to complete specified training and comply with information disclosure requirements for emergency contraception furnishing. (BPC § 4052.3)
- Requires a pharmacist to provide an oral consultation to a patient or the patient's agent in any care setting whenever the prescription drug has not previously been dispensed to a patient; however, a pharmacist is not required to provide oral consultation when a patient or the patient's agent refuses such consultation. (Title 16 California Code of Regulations § 1707.2)
This bill:
- Updates provisions of the law authorizing practitioners to use a self-screening tool to identify patient risk factors for the use of contraceptives, rather than just specified self-administered hormonal contraceptives.
- Expands the authority of a pharmacist to furnish specified contraceptives in accordance with standardized procedures or protocols to include FDA-approved nonhormonal contraceptives.
- Deletes obsolete language related to authority for a pharmacist, pharmacist's employer, or pharmacist's agent to charge an administrative fee for emergency contraception drug therapy services.
Background
As noted in its recent sunset review oversight report to the Legislature, the Board is estimated to regulate over 50,700 pharmacists, 1,300 advanced practice pharmacists, 4,400 intern pharmacists, and 65,700 pharmacy technicians across a total of 32 licensing programs. In addition to regulating personal professionals, the Board oversees and licenses related business entities, including pharmacies, clinics, wholesalers, third-party logistic providers, and automated drug delivery systems.
SB 493 (Hernandez, Chapter 469, Statutes of 2013) authorized pharmacists to perform additional functions according to specified requirements, including furnishing self-administered hormonal contraceptives based on a state protocol developed jointly by the Board and Medical Board of California (MBC), pursuant to guidelines of the Centers for Disease Control (CDC), among other services.
Nonhormonal contraceptives protect against pregnancy without influencing natural hormones. While many are available over-the-counter and do not require a prescription, some forms of nonhormonal contraceptives are prescribed. This bill clarifies that pharmacists are able to furnish any contraceptives pursuant to a prescription, including nonhormonal contraceptives, in accordance with protocols outlined in the law.
In July 2023, the FDA announced its approval of the medication Opill, a norgestrel tablet to prevent pregnancy. Opill was the first daily oral contraceptive approved for use in the United States without a prescription, significantly increasing access by allowing patients to purchase oral contraceptive medicine at local pharmacies over-the-counter. This approval significantly increased availability and access to birth control for women and other patients seeking to prevent pregnancy.
However, the over-the-counter status of Opill has complicated the implementation of related efforts to increase access to contraception, specifically those related to health coverage and reimbursement. In 2022, the Legislature enacted Senate Bill 523 (Leyva), which requires a health care service plan or health insurer to provide point-of-sale coverage for over-the-counter FDA-approved contraceptive drugs, devices, and products at in-network pharmacies without cost sharing or medical management restrictions. Because Medi-Cal generally requires a prescription to reimburse for medications, even those approved as over-the-counter by the FDA, patients are not able to take advantage of this legislation when accessing Opill directly from a pharmacy. To resolve this issue, this bill would clarify that a pharmacist may furnish over-the-counter contraceptives without the standardized procedures or protocols required for prescription-only medications.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/19/25)
California Pharmacists Association
Essential Access Health
OPPOSITION: (Verified 8/19/25)
None received
ARGUMENTS IN SUPPORT: According to the California Pharmacists Association, “This legislation is a natural and necessary evolution of existing pharmacy practice. Under current law, pharmacists are authorized to furnish self-administered hormonal contraceptives, an authority that has proven highly effective in expanding access to timely, patient-centered reproductive care…By further enabling pharmacists to use their clinical training and professional judgment to furnish a broader range of contraceptive options, AB 968 supports a more responsive and inclusive model of care…CPhA believes that expanding pharmacists’ authority to furnish nonhormonal contraceptives will significantly improve access to reproductive care, reduce delays in treatment, and promote health equity across California.”
Essential Access Health writes that “Limiting the contraceptive methods that pharmacists can furnish to hormonal options creates unnecessary access barriers for consumers and prevents pharmacists from offering a broad range of hormonal and non-hormonal birth control. For example, it prevents pharmacists from furnishing non-hormonal barrier methods including internal condoms, diaphragms, and cervical caps, as well as non-hormonal vaginal gel (Phexxi). People may choose to use types of non-hormonal methods to prevent pregnancy for a variety of reasons, and access is particularly important for individuals with health conditions like cancer survivors, those at risk of thrombotic events, or individuals managing complex medication regimens that make hormonal contraceptives medically inadvisable.”
ASSEMBLY FLOOR: 77-0, 5/27/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Jeff Gonzalez, Nguyen
Prepared by: Sarah Mason / B., P. & E.D. /
8/20/25 23:22:53
**** END ****
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Angelique Ashby, Chair
2025 - 2026 Regular
Bill No: Hearing Date: July 14, 2025
Author: | |||
Version: | July 9, 2025 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Sarah Mason | ||
Subject:
SUMMARY:
Authorizes a pharmacist to furnish nonhormonal contraceptives approved by the federal Food and Drug Administration (FDA) in accordance with the standardized procedures or protocols that were developed and approved for self-administered hormonal contraceptives.
Existing law:
- Prohibits a licensee of a healing arts board from obstructing a patient in obtaining a legally prescribed or ordered drug or device, including emergency contraception drug therapy and self-administered hormonal contraceptives. (Business and Professions Code (BPC) § 733)
- Authorizes a physician and surgeon, registered nurse, certified nurse-midwife, nurse practitioner, physician assistant, or pharmacist to, within their respective scopes, use a self-screening tool to identify patient risk factors for the use of self-administered hormonal contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or dispense self-administered hormonal contraceptives to that patient. (BPC § 2242.2)
- Authorizes a pharmacist to furnish self-administered hormonal contraceptives, in accordance with standardized procedures or protocols developed and approved by the Board and Medical Board of California (MBC) and emergency contraception drug therapy, in accordance with standardized procedures or protocols developed by the pharmacist and an authorized prescriber who is acting within his or her scope of practice or standardized procedures or protocols developed and approved by both the Board and MBC. Requires a pharmacist to complete specified training and comply with information disclosure requirements for emergency contraception furnishing. (BPC § 4052.3)
- Requires a pharmacist to provide an oral consultation to a patient or the patient's agent in any care setting whenever the prescription drug has not previously been dispensed to a patient; however, a pharmacist is not required to provide oral consultation when a patient or the patient's agent refuses such consultation. (Title 16 California Code of Regulations § 1707.2)
This bill:
- Updates provisions of the law authorizing practitioners to use a self-screening tool to identify patient risk factors for the use of contraceptives, rather than just specified self-administered hormonal contraceptives.
- Expands the authority of a pharmacist to furnish specified contraceptives in accordance with standardized procedures or protocols to include FDA-approved nonhormonal contraceptives.
- Deletes obsolete language related to authority for a pharmacist, pharmacist's employer, or pharmacist's agent to charge an administrative fee for emergency contraception drug therapy services.
FISCAL EFFECT: This bill is keyed fiscal by Legislative Counsel. According to the Assembly Committee on Appropriations, the bill will result in minor and absorbable costs to the Board.
COMMENTS:
- Purpose. This bill is sponsored by Birth Control Pharmacist and National Health Law Program. According to the Author, “California can and should lead the nation in eliminating unnecessary barriers to reproductive care. Currently, the law specifies that a pharmacist may furnish hormonal contraceptives. At the time this law was created, over 10 years ago, the goal was to increase access to the most popular method of contraception – the birth control pill. Since then, more nonhormonal options have become available. Now that we have these options, pharmacist should be able to offer non-hormonal contraceptives. For individuals who cannot safely use hormonal contraception—such as cancer survivors, those at risk of thrombotic events or individuals managing complex medication regimens, non-hormonal options are a necessity, not a preference.”
The Author notes that the law authorizes pharmacists to furnish self-administered hormonal contraceptives and that at the time the law was created, the goal was to increase access to the most popular method of contraception – the birth control pill. The Author states that now that there are newer options, the specificity of this law unfortunately prevents pharmacists from offering these methods. The Author cites categories of patients for whom hormonal birth control poses elevated health risks or is medically contraindicated, including but not limited to those with current or past breast cancer; those who are breastfeeding; or those with specified health diseases and conditions.
- Background. As noted in its recent sunset review oversight report to the Legislature, the Board is estimated to regulate over 50,700 pharmacists, 1,300 advanced practice pharmacists, 4,400 intern pharmacists, and 65,700 pharmacy technicians across a total of 32 licensing programs. In addition to regulating personal professionals, the Board oversees and licenses related business entities, including pharmacies, clinics, wholesalers, third-party logistic providers, and automated drug delivery systems.
SB 493 (Hernandez, Chapter 469, Statutes of 2013) authorized pharmacists to perform additional functions according to specified requirements, including furnishing self-administered hormonal contraceptives based on a state protocol developed jointly by the Board and Medical Board of California (MBC), pursuant to guidelines of the Centers for Disease Control (CDC), among other services.
Nonhormonal contraceptives protect against pregnancy without influencing natural hormones. While many are available over-the-counter and do not require a prescription, some forms of nonhormonal contraceptives are prescribed. This bill clarifies that pharmacists are able to furnish any contraceptives pursuant to a prescription, including nonhormonal contraceptives, in accordance with protocols outlined in the law.
In July 2023, the FDA announced its approval of the medication Opill, a norgestrel tablet to prevent pregnancy. Opill was the first daily oral contraceptive approved for use in the United States without a prescription, significantly increasing access by allowing patients to purchase oral contraceptive medicine at local pharmacies over-the-counter. This approval significantly increased availability and access to birth control for women and other patients seeking to prevent pregnancy.
However, the over-the-counter status of Opill has complicated the implementation of related efforts to increase access to contraception, specifically those related to health coverage and reimbursement. In 2022, the Legislature enacted Senate Bill 523 (Leyva), which requires a health care service plan or health insurer to provide point-of-sale coverage for over-the-counter FDA-approved contraceptive drugs, devices, and products at in-network pharmacies without cost sharing or medical management restrictions. Because Medi-Cal generally requires a prescription to reimburse for medications, even those approved as over-the-counter by the FDA, patients are not able to take advantage of this legislation when accessing Opill directly from a pharmacy. To resolve this issue, this bill would clarify that a pharmacist may furnish over-the-counter contraceptives without the standardized procedures or protocols required for prescription-only medications.
- Arguments in Support. According to the California Pharmacists Association, “This legislation is a natural and necessary evolution of existing pharmacy practice. Under current law, pharmacists are authorized to furnish self-administered hormonal contraceptives, an authority that has proven highly effective in expanding access to timely, patient-centered reproductive care…By further enabling pharmacists to use their clinical training and professional judgment to furnish a broader range of contraceptive options, AB 968 supports a more responsive and inclusive model of care…CPhA believes that expanding pharmacists’ authority to furnish nonhormonal contraceptives will significantly improve access to reproductive care, reduce delays in treatment, and promote health equity across California.”
Essential Access Health writes that “Limiting the contraceptive methods that pharmacists can furnish to hormonal options creates unnecessary access barriers for consumers and prevents pharmacists from offering a broad range of hormonal and non-hormonal birth control. For example, it prevents pharmacists from furnishing non-hormonal barrier methods including internal condoms, diaphragms, and cervical caps, as well as non-hormonal vaginal gel (Phexxi). People may choose to use types of non-hormonal methods to prevent pregnancy for a variety of reasons, and access is particularly important for individuals with health conditions like cancer survivors, those at risk of thrombotic events, or individuals managing complex medication regimens that make hormonal contraceptives medically inadvisable.”
SUPPORT AND OPPOSITION:
Support:
California Pharmacists Association
Essential Access Health
Opposition:
None received
-- END --
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Angelique Ashby, Chair
2025 - 2026 Regular
Bill No: AB 968 Hearing Date: June 23, 2025
Author: | Boerner | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Contraceptives
SUMMARY:
Authorizes a pharmacist to furnish nonhormonal contraceptives approved by the federal Food and Drug Administration (FDA) in accordance with the standardized procedures or protocols that were developed and approved for self-administered hormonal contraceptives and authorizes a pharmacist to furnish over-the-counter contraceptives (OTCs) without the standardized procedures or protocols required for prescription-only self-administered hormonal contraceptives.
Existing law:
- Prohibits a licensee of a healing arts board from obstructing a patient in obtaining a legally prescribed or ordered drug or device, including emergency contraception drug therapy and self-administered hormonal contraceptives. (Business and Professions Code (BPC) § 733)
- Authorizes a physician and surgeon, registered nurse, certified nurse-midwife, nurse practitioner, physician assistant, or pharmacist to, within their respective scopes, use a self-screening tool to identify patient risk factors for the use of self-administered hormonal contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or dispense self-administered hormonal contraceptives to that patient. (BPC § 2242.2)
- Authorizes a pharmacist to furnish self-administered hormonal contraceptives, in accordance with standardized procedures or protocols developed and approved by the Board and Medical Board of California (MBC) and emergency contraception drug therapy, in accordance with standardized procedures or protocols developed by the pharmacist and an authorized prescriber who is acting within his or her scope of practice or standardized procedures or protocols developed and approved by both the Board and MBC. Requires a pharmacist to complete specified training and comply with information disclosure requirements for emergency contraception furnishing. (BPC § 4052.3)
- Requires a pharmacist to provide an oral consultation to a patient or the patient's agent in any care setting whenever the prescription drug has not previously been dispensed to a patient; however, a pharmacist is not required to provide oral consultation when a patient or the patient's agent refuses such consultation. (Title 16 California Code of Regulations § 1707.2)
This bill:
- Expands the authority of a pharmacist to furnish specified contraceptives in accordance with standardized procedures or protocols to include FDA-approved nonhormonal contraceptives.
- Authorizes a pharmacist to furnish OTCs without the standardized procedures or protocols required for prescription-only self-administered hormonal contraceptives.
- Clarifies that current law requiring pharmacists to comply with standardized procedures or protocols for furnishing contraceptives applies only to contraceptives requiring a prescription.
- Amends current law prohibiting a licensee of a healing arts board from obstructing a patient in obtaining a legally prescribed or ordered drug or device to also expressly include FDA-approved nonhormonal contraceptives.
- Deletes obsolete language related to authority for a pharmacist, pharmacist’s employer, or pharmacist’s agent to charge an administrative fee for emergency contraception drug therapy services.
FISCAL EFFECT:
This bill is keyed fiscal by Legislative Counsel. According to the Assembly Committee on Appropriations, the bill will result in minor and absorbable costs to the Board.
COMMENTS:
- Purpose. This bill is sponsored by Birth Control Pharmacist and National Health Law Program. According to the Author, “California can and should lead the nation in eliminating unnecessary barriers to reproductive care. Currently, the law specifies that a pharmacist may furnish hormonal contraceptives. At the time this law was created, over 10 years ago, the goal was to increase access to the most popular method of contraception – the birth control pill. Since then, more nonhormonal options have become available. Now that we have these options, pharmacist should be able to offer non-hormonal contraceptives. For individuals who cannot safely use hormonal contraception—such as cancer survivors, those at risk of thrombotic events or individuals managing complex medication regimens, non-hormonal options are a necessity, not a preference.”
The Author notes that the law authorizes pharmacists to furnish self-administered hormonal contraceptives and that at the time the law was created, the goal was to increase access to the most popular method of contraception – the birth control pill. The Author states that now that there are newer options, the specificity of this law unfortunately prevents pharmacists from offering these methods. The Author cites categories of patients for whom hormonal birth control poses elevated health risks or is medically contraindicated, including but not limited to those with current or past breast cancer; those who are breastfeeding; or those with specified health diseases and conditions.
- Background. As noted in its recent sunset review oversight report to the Legislature, the Board is estimated to regulate over 50,700 pharmacists, 1,300 advanced practice pharmacists, 4,400 intern pharmacists, and 65,700 pharmacy technicians across a total of 32 licensing programs. In addition to regulating personal professionals, the Board oversees and licenses related business entities, including pharmacies, clinics, wholesalers, third-party logistic providers, and automated drug delivery systems.
SB 493 (Hernandez, Chapter 469, Statutes of 2013) authorized pharmacists to perform additional functions according to specified requirements, including furnishing self-administered hormonal contraceptives based on a state protocol developed jointly by the Board and Medical Board of California (MBC), pursuant to guidelines of the Centers for Disease Control (CDC), among other services.
Nonhormonal contraceptives protect against pregnancy without influencing natural hormones. While many are available over-the-counter and do not require a prescription, some forms of nonhormonal contraceptives are prescribed. This bill clarifies that pharmacists are able to furnish any contraceptives pursuant to a prescription, including nonhormonal contraceptives, in accordance with protocols outlined in the law.
In July 2023, the FDA announced its approval of the medication Opill, a norgestrel tablet to prevent pregnancy. Opill was the first daily oral contraceptive approved for use in the United States without a prescription, significantly increasing access by allowing patients to purchase oral contraceptive medicine at local pharmacies over-the-counter. This approval significantly increased availability and access to birth control for women and other patients seeking to prevent pregnancy.
However, the over-the-counter status of Opill has complicated the implementation of related efforts to increase access to contraception, specifically those related to health coverage and reimbursement. In 2022, the Legislature enacted Senate Bill 523 (Leyva), which requires a health care service plan or health insurer to provide point-of-sale coverage for over-the-counter FDA-approved contraceptive drugs, devices, and products at in-network pharmacies without cost sharing or medical management restrictions. Because Medi-Cal generally requires a prescription to reimburse for medications, even those approved as over-the-counter by the FDA, patients are not able to take advantage of this legislation when accessing Opill directly from a pharmacy. To resolve this issue, this bill would clarify that a pharmacist may furnish over-the-counter contraceptives without the standardized procedures or protocols required for prescription-only medications.
- Arguments in Support. According to the California Pharmacists Association, “This legislation is a natural and necessary evolution of existing pharmacy practice. Under current law, pharmacists are authorized to furnish self-administered hormonal contraceptives, an authority that has proven highly effective in expanding access to timely, patient-centered reproductive care…By further enabling pharmacists to use their clinical training and professional judgment to furnish a broader range of contraceptive options, AB 968 supports a more responsive and inclusive model of care…CPhA believes that expanding pharmacists’ authority to furnish nonhormonal contraceptives will significantly improve access to reproductive care, reduce delays in treatment, and promote health equity across California.”
Essential Access Health writes that “Limiting the contraceptive methods that pharmacists can furnish to hormonal options creates unnecessary access barriers for consumers and prevents pharmacists from offering a broad range of hormonal and non-hormonal birth control. For example, it prevents pharmacists from furnishing non-hormonal barrier methods including internal condoms, diaphragms, and cervical caps, as well as non-hormonal vaginal gel (Phexxi). People may choose to use types of non-hormonal methods to prevent pregnancy for a variety of reasons, and access is particularly important for individuals with health conditions like cancer survivors, those at risk of thrombotic events, or individuals managing complex medication regimens that make hormonal contraceptives medically inadvisable.”
SUPPORT AND OPPOSITION:
Support:
California Pharmacists Association
Essential Access Health
Opposition:
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 968
Author:(Boerner)
As Amended Ver:April 7, 2025
Majority vote
SUMMARY
Authorizes a pharmacist to furnish nonhormonal contraceptives approved by the federal Food and Drug Administration (FDA) in accordance with the standardized procedures or protocols that were developed and approved for self-administered hormonal contraceptives.
Major Provisions
- Expands the authority of a pharmacist to furnish specified contraceptives in accordance with standardized procedures or protocols to include FDA-approved nonhormonal contraceptives.
- Amends current law prohibiting a licensee of a healing arts board from obstructing a patient in obtaining a legally prescribed or ordered drug or device to also expressly include FDA-approved nonhormonal contraceptives.
COMMENTS
California State Board of Pharmacy (BOP). The BOP is the regulatory body within the Department of Consumer Affairs responsible for overseeing the practice of pharmacy in California. The BOP is currently estimated to regulate over 50,700 pharmacists, 1,300 advanced practice pharmacists, 4,400 intern pharmacists, and 65,700 pharmacy technicians across a total of 32 licensing programs. In addition to regulating professionals, the BOP licenses pharmacies, clinics, wholesalers, third-party logistic providers, and automated drug delivery systems.
Pharmacist Scope of Practice. California has long faced significant gaps and inequities in its health care workforce. There has historically been a persistent shortage of accessible health professionals overall, which disproportionately impacts communities with concentrated populations of immigrant families and people of color. A recent study found that between 2010 and 2019, the number of primary care physicians in proportion to population remained largely unchanged nationally. Meanwhile, counties with a higher proportion of minorities saw a decline during that period.
In response to these challenges, policymakers have repeatedly turned to pharmacists to help fill the provider gap in parts of the state where primary care providers can be inaccessible but local pharmacies are more readily available. Exercising their training and judgment, pharmacists are often relied upon to administer vaccines, furnish time-sensitive medication, and ensure that there is no delay in care. In 2013, the Legislature enacted Senate Bill 493 (Hernandez), Chapter 469, Statutes of 2103 which established an advanced practice pharmacist license and expanded the scope of practice for pharmacists to include additional acts, including independently furnishing specified nicotine replacement products, prescription medications for travel, and hormonal contraceptives.
Following the BOP's sunset review in 2021, the BOP established a Standard of Care Ad Hoc Committee, which convened seven meetings and subsequently submitted a report to the Legislature with its findings and recommendations. The BOP concluded that California patients would benefit from pharmacists gaining additional independent authority to provide patient care services, not limited to the traditional dispensing tasks performed at licensed facilities, consistent with their respective education, training, and experience.
The BOP further recommended revisions to certain provisions detailing a pharmacist's authorized scope of practice for specified clinical patient care services and transition to a standard of care model for specified patient care services, where sufficient safeguards are in place to ensure pharmacists retain autonomy to utilize professional judgment in making patient care decisions. Under those conditions, the BOP believes that transitioning to greater use of a standard of care model in the provision of specified patient care services could benefit patients by providing expanded and timely access to patient care. The BOP's Licensing Committee has developed a legislative proposal that would transition many provisions of pharmacist care to a standard of care model in lieu of the current prescriptive model established. As an example, under the BOP's proposed language, a pharmacist would retain the ability to provide hormonal contraception, but would follow a standard of care approach, in lieu of following prescriptive rules established in the BOP's regulation.
Pharmacists are currently authorized to furnish self-administered hormonal contraception, including those requiring a prescription in accordance with standardized procedures and protocols. While transitioning to standard of care practice model is under consideration, this bill would expand that authority to also include nonhormonal contraceptives approved by the FDA. This could include prescription barrier methods like diaphragms and cervical caps, spermicidal sponges, and other forms of contraception that can be safely self-administered. These forms of contraceptives are often utilized by individuals with health conditions that can make hormonal contraceptives medically inadvisable. Nonhormonal contraceptives are often commonly preferred by individuals who believe them to be a more natural approach to reproductive health.
According to the Author
"California can and should lead the nation in eliminating unnecessary barriers to reproductive care. Currently, the law specifies that a pharmacist may furnish hormonal contraceptives. At the time the law was written safe, non-hormonal options weren't available, however now that that has changed, pharmacist should be able to offer non-hormonal contraceptive options. For individuals who cannot safely use hormonal contraception—such as cancer survivors, those at risk of thrombotic events, or individuals managing complex medication regimens. Non-hormonal options are a necessity, not a preference."
Arguments in Support
Essential Access Health writes in support: "Under current law, pharmacists are authorized to furnish hormonal contraception and emergency contraception, including methods requiring a prescription, in accordance with standardized procedures and protocols. Limiting the contraceptive methods that pharmacists can furnish to hormonal options creates unnecessary access barriers for consumers and prevents pharmacists from offering a broad range of hormonal and non-hormonal birth control. For example, it prevents pharmacists from furnishing non-hormonal barrier methods including internal condoms, diaphragms, and cervical caps, as well as non-hormonal vaginal gel (Phexxi). People may choose to use types of non-hormonal methods to prevent pregnancyfor a variety of reasons, and access is particularly important for individuals with health conditions like cancer survivors, those at risk of thrombotic events, or individuals managing complex medication regimens that make hormonal contraceptives medically inadvisable. AB 968 will expand birth control access and ensure that pharmacists can offer more comprehensive contraceptive options."
Arguments in Opposition
There is no opposition on file.
FISCAL COMMENTS
According to the Assembly Committee on Appropriations, minor and absorbable costs to the BOP.
VOTES
ASM BUSINESS AND PROFESSIONS: 17-0-1
YES: Berman, Flora, Ahrens, Alanis, Bains, Bauer-Kahan, Caloza, Chen, Elhawary, Wilson, Irwin, Jackson, Krell, Lowenthal, Macedo, Nguyen, Pellerin
ABS, ABST OR NV: Hadwick
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa
UPDATED
VERSION: April 7, 2025
CONSULTANT: Robert Sumner / B. & P. / (916) 319-3301 FN: 0000476
Date of Hearing: May 21, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 968
Author:(Boerner) – As Amended Ver:April 7, 2025
Policy Committee: | Business and Professions | Vote: | 17 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes a licensed pharmacist to furnish a federal Food and Drug Administration (FDA)-approved, nonhormonal contraceptive according to a standardized protocol, including up to a 12-month supply if the patient requests. This bill also prohibits a health care provider from obstructing a patient in obtaining FDA-approved nonhormonal contraceptives.
FISCAL EFFECT:
Minor and absorbable costs to the Board of Pharmacy.
COMMENTS:
- Purpose. This bill is sponsored by the author. According to the author:
California can and should lead the nation in eliminating unnecessary barriers to reproductive care. Currently, the law specifies that a pharmacist may furnish hormonal contraceptives. At the time the law was written safe, non-hormonal options weren’t available, however now that that has changed, pharmacist should be able to offer non-hormonal contraceptive options. For individuals who cannot safely use hormonal contraception—such as cancer survivors, those at risk of thrombotic events, or individuals managing complex medication regimens, non-hormonal options are a necessity, not a preference.
- Background. Pharmacists are authorized to furnish self-administered hormonal contraceptives, including those requiring a prescription in accordance with standardized procedures and protocols. This bill expands that authority to also include FDA-approved nonhormonal contraceptives, which could include prescription barrier methods like diaphragms and cervical caps, spermicidal sponges, and other forms of contraception that can be safely self-administered. These forms of contraceptives are often used by individuals with health conditions that make hormonal contraceptives medically inadvisable. Nonhormonal contraceptives are often commonly preferred by individuals who believe them to be a more natural approach to reproductive health.
- Related Legislation. AB 50 (Bonta) expressly authorizes a pharmacist to furnish over-the-counter contraceptives without having to comply with the standardized procedures or protocols that are required for prescription-only hormonal contraceptives. AB 50 is pending in the Senate Committee on Business, Professions, and Economic Development.
Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Marc Berman, Chair
ABPCA Bill Id:AB 968
Author:(Boerner) – As Amended Ver:April 7, 2025
SUBJECT: Pharmacists: self-administered FDA-approved nonhormonal contraceptives.
SUMMARY: Authorizes a pharmacist to furnish nonhormonal contraceptives approved by the federal Food and Drug Administration (FDA) in accordance with the standardized procedures or protocols that were developed and approved for self-administered hormonal contraceptives.
EXISTING LAW:
- Prohibits a licensee of a healing arts board from obstructing a patient in obtaining a legally prescribed or ordered drug or device, including emergency contraception drug therapy and self-administered hormonal contraceptives. (Business and Professions Code (BPC) § 733)
- Authorizes a physician and surgeon, registered nurse, certified nurse-midwife, nurse practitioner, physician assistant, or pharmacist to, within their respective scopes, use a self-screening tool to identify patient risk factors for the use of self-administered hormonal contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or dispense self-administered hormonal contraceptives to that patient. (BPC § 2242.2)
- Establishes the Pharmacy Law. (BPC §§ 4000 et seq.)
- Establishes the California State Board of Pharmacy (BOP) to administer and enforce the Pharmacy Law, comprised of seven pharmacists and six public members. (BPC § 4001)
- Defines “pharmacist” as a person to whom a license has been issued by the BOP which is required for any person to manufacture, compound, furnish, sell, or dispense a dangerous drug or dangerous device, or to dispense or compound a prescription. (BPC § 4036)
- Declares that “pharmacy practice is continually evolving to include more sophisticated and comprehensive patient care activities.” (BPC § 4050)
- Authorizes a pharmacist to initiate a prescription and provide clinical advice, services, information, or patient consultation, as long as the following conditions are met:
- The clinical advice, services, information, or patient consultation is provided to a health care professional or to a patient.
- The pharmacist has access to prescription, patient profile, or other relevant medical information for purposes of patient and clinical consultation and advice.
- Access to medical information and record is secure from unauthorized access.
- (BPC § 4051)
- Authorizes a pharmacist to do all of the following, among other permissible activities, as part of their scope of practice:
- Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.
- 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.
- Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies in coordination with the patient’s provider or prescriber.
- Administer immunizations pursuant to a protocol with a prescriber.
- Furnish emergency contraception drug therapy, self-administered hormonal contraceptives, HIV preexposure and postexposure prophylaxis, and nicotine replacement products, subject to specified requirements.
- Administer drugs and biological products that have been ordered by a prescriber.
- (BPC § 4052)
- Authorizes a pharmacist to furnish an approved opioid antagonist in accordance with standardized procedures or protocols developed and approved by the BOP and the Medical Board of California (MBC), in consultation with stakeholders. (BPC § 4052.01)
- Authorizes a pharmacist to initiate and furnish preexposure and postexposure prophylaxis. (BPC § 4052.02; § 4052.03)
- Authorizes a pharmacist to perform the following procedures or functions in certain licensed health care facilities in accordance with policies, procedures, or protocols developed by health professionals, including physicians, pharmacists, and registered nurses, with the concurrence of the facility administrator:
- Ordering or performing routine drug therapy-related patient assessment procedures including temperature, pulse, and respiration.
- Ordering drug therapy-related laboratory tests.
- Administering drugs and biologicals by injection pursuant to a prescriber’s order.
- Initiating or adjusting the drug regimen of a patient pursuant to an order or authorization made by the patient’s prescriber.
- (BPC § 4052.2)
- Authorizes a pharmacist to furnish self-administered hormonal contraceptives in accordance with standardized procedures or protocols developed and approved by both the BOP and the MBC in consultation with the American Congress of Obstetricians and Gynecologists, the California Pharmacists Association, and other appropriate entities, and sets additional requirements for the furnishing of self-administered hormonal contraceptives by pharmacists. (BPC § 4052.3)
- Authorizes a pharmacist to perform skin puncture in the course of performing routine patient assessment procedures. (BPC § 4052.4)
- Authorizes a pharmacist to initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with appropriate prescriptive authority. (BPC § 4052.6)
- Authorizes a pharmacist to independently initiate and administer any vaccine that has been approved or authorized by the federal Food and Drug Administration (FDA) and received a federal Advisory Committee on Immunization Practices individual vaccine recommendation published by the federal Centers for Disease Control and Prevention for persons three years of age and older. (BPC § 4052.8)
- Authorizes a pharmacist to furnish nicotine replacement products for use by prescription only in accordance with standardized procedures and protocols. (BPC § 4052.9)
- Authorizes a pharmacist to furnish up to a 12-month supply of an FDA-approved, self-administered hormonal contraceptive at the patient’s request under protocols developed by the BOP. (BPC § 4064.5)
THIS BILL:
- Expands the authority of a pharmacist to furnish specified contraceptives in accordance with standardized procedures or protocols to include FDA-approved nonhormonal contraceptives.
- Amends current law prohibiting a licensee of a healing arts board from obstructing a patient in obtaining a legally prescribed or ordered drug or device to also expressly include FDA-approved nonhormonal contraceptives.
FISCAL EFFECT: Unknown; this bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the author. According to the author:
California can and should lead the nation in eliminating unnecessary barriers to reproductive care. Currently, the law specifies that a pharmacist may furnish hormonal contraceptives. At the time the law was written safe, non-hormonal options weren’t available, however now that that has changed, pharmacist should be able to offer non-hormonal contraceptive options. For individuals who cannot safely use hormonal contraception—such as cancer survivors, those at risk of thrombotic events, or individuals managing complex medication regimens. Non-hormonal options are a necessity, not a preference.
Background.
California State Board of Pharmacy. The BOP is the regulatory body within the Department of Consumer Affairs responsible for overseeing the practice of pharmacy in California. The BOP is currently estimated to regulate over 50,700 pharmacists, 1,300 advanced practice pharmacists, 4,400 intern pharmacists, and 65,700 pharmacy technicians across a total of 32 licensing programs. In addition to regulating professionals, the BOP oversees and licenses pharmacies, clinics, wholesalers, third-party logistic providers, and automated drug delivery systems.
Pharmacist Scope of Practice. California has long faced significant gaps and inequities in its health care workforce. There has historically been a persistent shortage of accessible health professionals overall, which disproportionately impacts communities with concentrated populations of immigrant families and people of color. A recent study found that between 2010 and 2019, the number of primary care physicians in proportion to population remained largely unchanged nationally. Meanwhile, counties with a higher proportion of minorities saw a decline during that period.
In response to these challenges, policymakers have repeatedly turned to pharmacists to help fill the provider gap in parts of the state where primary care providers can be inaccessible but local pharmacies are more readily available. Exercising their training and judgment, pharmacists are often relied upon to administer vaccines, furnish time-sensitive medication, and ensure that there is no delay in care. In 2013, the Legislature enacted Senate Bill 493 (Hernandez), which established an advanced practice pharmacist license and expanded the scope of practice for pharmacists to include additional acts, including independently furnishing specified nicotine replacement products, prescription medications for travel, and hormonal contraceptives.
During the BOP’s prior sunset review in 2020-2021, the Committees discussed whether there should be consideration of the BOP transitioning to a standard of care model for pharmacy practice. The BOP established a Standard of Care Ad Hoc Committee, which convened seven meetings and subsequently submitted a report to the Legislature with its findings and recommendations. The BOP concluded that California patients would benefit from pharmacists gaining additional independent authority to provide patient care services, not limited to the traditional dispensing tasks performed at licensed facilities, consistent with their respective education, training, and experience.
The BOP further recommended revisions to certain provisions detailing a pharmacist’s authorized scope of practice for specified clinical patient care services and transition to a standard of care model for specified patient care services, where sufficient safeguards are in place to ensure pharmacists retain autonomy to utilize professional judgment in making patient care decisions. Under those conditions, the BOP believes that transitioning to greater use of a standard of care model in the provision of specified patient care services could benefit patients by providing expanded and timely access to patient care. The BOP’s Licensing Committee has developed a legislative proposal that would transition many provisions of pharmacist care to a standard of care model in lieu of the current prescriptive model established. As an example, under the BOP’s proposed language, a pharmacist would retain the ability to provide hormonal contraception, but would follow a standard of care approach, in lieu of following prescriptive rules established in the BOP’s regulation.
Pharmacists are currently authorized to furnish self-administered hormonal contraception, including those requiring a prescription in accordance with standardized procedures and protocols. While transitioning to standard of care practice model is under consideration, this bill would expand that authority to also include nonhormonal contraceptives approved by the FDA. This could include prescription barrier methods like diaphragms and cervical caps, spermicidal sponges, and other forms of contraception that can be safely self-administered. These forms of contraceptives are often utilized by individuals with health conditions that can make hormonal contraceptives medically inadvisable. Nonhormonal contraceptives are often commonly preferred by individuals who believe them to be a more natural approach to reproductive health.
Current Related Legislation. AB 50 (Bonta) would expressly authorize a pharmacist to furnish over-the-counter contraceptives without having to comply with the standardized procedures or protocols that are required for prescription-only hormonal contraceptives. This bill is pending on the Assembly Floor.
AB 1503 (Committee on Business and Professions) is the BOP’s current sunset review vehicle. This bill is pending in this committee.
Prior Related Legislation. SB 524 (Caballero) of 2023 would have authorized a pharmacist to furnish prescription medications pursuant to the result from a test performed by the pharmacist that is used to guide diagnosis or clinical decisionmaking. This bill died on the Senate Committee on Appropriations suspense file.
SB 523 (Leyva), Chapter 630, Statutes of 2022 established the Contraceptive Equity Act of 2022, which required a health plan or insurer to provide point-of-sale coverage for over-the-counter FDA-approved contraceptive drugs at in-network pharmacies without cost-sharing.
AB 1064 (Fong), Chapter 655, Statutes of 2021 expanded the authority of a pharmacist to initiate and administer immunizations.
SB 159 (Wiener), Chapter 532, Statutes of 2019 authorized a pharmacist to initiate and furnish HIV preexposure prophylaxis and postexposure prophylaxis.
AB 1264 (Petrie-Norris), Chapter 741, Statutes of 2019 clarified that an “appropriate prior examination” does not require a synchronous interaction between a provider and a patient for purposes of prescribing, furnishing, or dispensing self-administered hormonal contraceptives.
SB 493 (Hernandez), Chapter, 469, Statutes of 2013 increased the scope of practice for pharmacists, including the authority to furnish self-administered hormonal contraception.
REGISTERED SUPPORT:
None on file
REGISTERED OPPOSITION:
None on file
Analysis Prepared by: Robert Sumner / B. & P. / (916) 319-3301
Discussed in Hearing
2MIN
Senate Standing Committee on Business, Professions and Economic Development
2MIN
Assembly Floor
2MIN
Assembly Standing Committee on Business and Professions
Bill Author
Bill Co-Author(s):