Assembly passes bipartisan bill to allow pharmacists to prescribe some forms of birth control

MADISON – The Assembly passed a bipartisan bill Wednesday that would allow pharmacists to prescribe some forms of birth control, a change in state law that currently only allows physicians and advanced practice nurses to provide the prescription.

All lawmakers with the exception of 11 Republicans voted for the measure, which would allow pharmacists to prescribe and dispense hormonal contraceptives in pill and patch formats to patients who are at least 18 years old and meet health screenings for treatment eligibility.

After prescribing the contraceptive, the pharmacist would be required to send a report to the patient’s primary care practitioner. Pharmacists who are morally opposed to birth control would not be required to prescribe it.

"This is one of the few times that this body has even seen before us a bill that can get debated that supports increasing access to contraception," said Rep. Lisa Subeck, D-Madison, on the floor Wednesday.

More than two dozen states have similar laws on the books. State health organizations and other supporters said at a public hearing earlier this month the measure would eliminate “artificial barriers” to reproductive health care and reduce unplanned pregnancies.

Reducing unplanned pregnancies could also reduce intergenerational poverty, lessen abortions and save tax dollars, according to bill co-author Rep. Joel Kitchens, R-Sturgeon Bay, who noted research has shown that unplanned pregnancies occur at the highest rates among younger women and women living in poverty.

Groups registered in opposition to the bill include Pro-Life Wisconsin, the Wisconsin Catholic Conference and Wisconsin Family Action.

Opponents of the bill suggested it was unsafe for women to be prescribed birth control without visiting their primary care provider and that hormonal contraceptives act as abortifacients, along with a general moral opposition to contraception.

Hormonal contraceptives do not act as abortifacients but rather prevent pregnancy by reducing or completely stopping ovulation and thickening mucus in the cervix to prevent sperm from entering the uterus.

Furthermore, pharmacist-prescribed birth control follows evidence-based medical recommendations and increases access to care, according to research from the National Institutes of Health.

The bill requires Senate approval before it could reach Gov. Tony Evers, who supports it. Although the bill failed to make it to the Senate floor last session after passing the Assembly by a wide bipartisan margin, Kitchens said earlier this month he was “optimistic” it would receive necessary support this time.

"I think the important message here is that we can't allow a very small minority to pose their moral objections onto the rest of us, using our government to do that," Kitchens said on the floor Wednesday.

Democrats propose 'right to contraception'

Also on Wednesday, Democrats introduced a bill that would prohibit lawmakers from banning birth control in Wisconsin.

The legislation is being introduced nearly a year after the state's abortion ban took effect following the U.S. Supreme Court's decision overturning Roe v. Wade, as Democrats in Congress pursue similar efforts.

The push is rooted in a fear among supporters of contraception access that governments with strict abortion bans will seek to enact additional bans on some forms of contraception — particularly intrauterine devices and emergency contraception (the morning-after pill).

Supporters of the proposal have noted that when the court issued its ruling in Dobbs v. Jackson Women's Health Care, Justice Clarence Thomas wrote in a concurring opinion that "in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell."

Griswold v. Connecticut was the court's 1965 case establishing the right for married people to obtain contraceptives.

"At every turn, even at a moment in time where you have some Republicans expressing willingness to expand access to contraception … in the same breath you have other folks in their caucus expressing concerns about contraception," Subeck said, adding that she is "hopeful" but not optimistic the proposal will attract bipartisan support.

The Democrats' bill would establish a statutory right for a person to obtain and use contraceptives. It would also establish a healthcare provider's right to provide contraception and related information. Under the bill, neither the state nor local governments could implement policies making it more difficult for people to access contraception.

Hope Karnopp of the Milwaukee Journal Sentinel contributed to this report.

THANK YOU: Subscribers' support makes this work possible. Help us share the knowledge by buying a gift subscription.

DOWNLOAD THE APP: Get the latest news, sports and more

This article originally appeared on Milwaukee Journal Sentinel: Assembly passes bill to allow pharmacists to prescribe birth control