West Virginia Code 16-58-6 – Guidelines for dispensing a self-administered hormonal contraceptive
(a) A pharmacist who dispenses a self-administered hormonal contraceptive under this article:
Terms Used In West Virginia Code 16-58-6
- board: means a board of health serving one or more counties or one or more municipalities or a combination thereof. See West Virginia Code 16-1-2
- Department: means the West Virginia Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "department" and "Department of Health and Human Resources" means the Department of Health. See West Virginia Code 16-1-2
- Dispense: means the same as that term is defined in §. See West Virginia Code 16-58-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Patient counseling: means the same as that term is defined in §. See West Virginia Code 16-58-1
- Pharmacist: means the same as that term is defined in §. See West Virginia Code 16-58-1
- Self-administered hormonal contraceptive: means a self-administered hormonal contraceptive that is approved by the United States Food and Drug Administration to prevent pregnancy and does not include the class of emergency contraceptives commonly known as the "morning after pill" or "Plan B". See West Virginia Code 16-58-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Shall obtain a completed self-screening risk assessment questionnaire that has been approved by the state health officer in collaboration with the Board of Pharmacy, the Board of Osteopathic Medicine, and the Board of Medicine from the patient before dispensing the self-administered hormonal contraceptive;
(2) Shall notify the patient’s primary care provider, if provided;
(3) If when dispensing within the guidelines it is unsafe to dispense a self-administered hormonal contraceptive to a patient then the pharmacist:
(A) May not dispense a self-administered hormonal contraceptive to the patient; and
(B) Shall refer the patient to a health care practitioner or local health department;
(4) May not continue to dispense a self-administered hormonal contraceptive to the patient for more than 12 months after the date of the initial prescription without evidence that the patient has consulted with a health care practitioner during the preceding 12 months; and
(5) Shall provide the patient with:
(A) Written and verbal information regarding:
(i) The importance of seeing the patient’s health care practitioner to obtain recommended tests and screening; and
(ii) The effectiveness and availability of long-acting reversible contraceptives and other effective contraceptives as an alternative to self-administered hormonal contraceptives; and
(B) A copy of the record of the encounter with the patient that includes:
(i) The patient’s completed self-assessment tool; and
(ii) A description of the contraceptives dispensed, or the basis for not dispensing a contraceptive.
(b) If a pharmacist dispenses a self-administered hormonal contraceptive to a patient, the pharmacist shall, at a minimum, provide the patient counseling regarding:
(1) The appropriate administration and storage of the self-administered hormonal contraceptive;
(2) Potential side effects and risks of the self-administered hormonal contraceptive;
(3) The need for backup contraception;
(4) When to seek emergency medical attention;
(5) The risk of contracting a sexually transmitted infection or disease, and ways to reduce the risk of contraction; and
(6) Any additional counseling outlined in the protocol as prescribed in § 16-57-4 of this code.
(c) The Board of Pharmacy regulates a pharmacist who dispenses a self-administered hormonal contraceptive under this article.