NYS Allows Non-Prescription Birth Control to be Dispensed in Pharmacies

Pharmacies and pharmacists across New York State are now eligible to dispense three forms of non-prescription birth control to eligible patients. Credit: Reproductive Health Supplies Coalition via Unsplash

Non-prescription birth control has become more accessible for individuals in New York State.

On Mar. 19, 2024, at College Parkside Pharmacy in Albany, Gov. Kathy Hochul and the New York State Health Commissioner Dr. James McDonald signed a standing order that effectively allows pharmacies across the state to carry and dispense non-prescription birth control to ensure a positive future for reproductive rights in the state. 

The standing order, titled the “Non-Individual Specific Prescription for Self-Administered Hormonal Contraceptives with Pharmacy Dispensing Protocol,” pertains to the dispensing of Food and Drug Administration-approved hormonal contraceptives throughout New York State pharmacies. 

This comes at a time when reproductive rights are being restricted or banned across the nation, and access to hormonal contraceptives is becoming harder for individuals, as a 2022 study by The American College of Obstretiens and Gynecologists concluded. 

As noted by the office of Hochul, “This measure makes it easier for people who have difficulty accessing a primary care provider to get safe and effective contraception at their local pharmacy, and furthers New York State’s mission to provide safe and legal family planning care to all.”

“Starting a family is a deeply personal decision and New York State will always be a place where people can access safe and effective contraceptives,” said Hochul.

Through this signing, New York became part of the growing group of states that have moved to allow individuals to access birth control from a pharmacy without a doctor’s note. Other states that have enacted legislation similar to the New York standing order include California, Connecticut, Washington State and the District of Columbia, according to the Guttmacher Institute.

There are many steps to be taken to be able to both dispense and receive non-prescription birth control. Section 5 of the order states that to be eligible to become an authorized dispenser in the state of New York, individuals must be, “Registered pharmacists in good standing that have successfully completed training deemed appropriate to the New York State Education Department (NYSED).”

The eligibility process is self-explanatory for those seeking birth control. Section 6 of the order states that eligible individuals entail, “Persons who may become pregnant, who request hormonal contraception under this standing order and deemed medically appropriate.” This means individuals who wish to be deemed eligible must complete a New York State hormonal contraception questionnaire and have it reviewed and signed off by a registered pharmacist to get access to birth control. 

The questionnaire includes questions on one’s background, contraception history and medical screening questions. Pharmacists under the order must also “notify the individual’s primary health care practitioner within 72 hours of dispensing unless the individual opts out of this notification,” as per Section 8, which discusses individual education. 

“If the individual does not have a primary care health care practitioner, the pharmacist will provide the individual with written documentation of the self-administered hormonal contraceptive dispensed and advise the individual to follow up with an appropriate healthcare provider,” per the order. 

It is important to note for individuals who may view this route as the best and easiest way to receive hormonal contraception like birth control that the order can be revised or withdrawn at any time.
"It comes down to half the population, women, having full control over their own bodies," said Hochul.