A bipartisan bill would allow Wisconsin pharmacists to prescribe some forms of birth control

MADISON – Wisconsin pharmacists would be allowed to prescribe some forms of birth control under a bipartisan bill getting a hearing in the Legislature for the first time since the state's abortion ban took effect.

Similar efforts have been pursued in previous legislative sessions, and while they have not become law, they have continued to gain support in the Legislature, while some lawmakers remain skeptical, if not outright opposed.

The state Assembly passed the bill with overwhelming bipartisan support in 2021, but it was never taken up by the Senate. Bill co-author Rep. Joel Kitchens, R-Sturgeon Bay, told members of the Assembly Committee on Health, Aging and Long-Term Care that he is "optimistic" the proposal will make it to the Senate floor, adding that it was "only about one vote short" from being considered in the previous session.

At times during a hearing on the bill Tuesday, there was confusion over what the bill would do. Rep. David Murphy, R-Greenville, suggested the proposal would allow lawmakers to circumvent the federal Food and Drug Administration. The FDA is the sole arbiter in deciding which drugs can be provided over the counter — that is, without a prescription. Murphy argued the bill would be an "end run around the process."

Under the bill, women would still need a prescription to obtain birth control — but it would add pharmacists to physicians and advanced practice nurses in their ability to provide that prescription.

The bill would allow pharmacists to prescribe and dispense hormonal contraceptives in pill and patch formats to women who are at least 18 years old. To do so, the pharmacist would need to verify that the medication is not contraindicated for the patient based on a self-assessment questionnaire and blood pressure screening. 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, Kitchens said.

The proposal has more than 40 co-sponsors — all Republicans with the exception of Reps. Lisa Subeck, D-Madison; Christine Sinicki, D-Milwaukee; Ryan Clancy, D-Milwaukee, and Darrin Madison, D-Milwaukee.

Medical groups registered in favor of the bill include the Wisconsin chapter of the American College of Obstetricians and Gynecologists, the Wisconsin Association of Local Health Departments and Boards, the Wisconsin Public Health Association and the Wisconsin Primary Health Care Association.

"We should not be putting up artificial barriers that deny women more choice when it comes to their reproductive health care," Kitchens said during Tuesday's hearing.

Supporters argue the bill would reduce unplanned pregnancies and generally expand access to reproductive health care. While birth control is the most common use for contraceptives, they are also used to prevent ovarian cysts, treat endometriosis and lessen the severity of menstrual side effects including migraines.

Reducing unplanned pregnancies could have positive effects including reducing intergenerational poverty, reducing abortions and saving tax dollars, Kitchens said, noting that research has shown that unplanned pregnancies occur in the highest rates among younger women and women living in poverty.

During his testimony, Kitchens raised a number of arguments raised by opponents of the bill, including a comment made at a previous hearing suggesting that the hormones from birth control that make their way into waterways could result in men developing feminine features such as growing breasts.

If that were true, Kitchens said, "I'm pretty sure I'd be a D cup by now," noting that the FDA first approved oral contraception in 1960.

Other arguments against the bill include suggestions that it is 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 prevent pregnancy by reducing or completely stopping ovulation and thickening mucus in the cervix to prevent sperm from entering the uterus.

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

Wisconsin Family Action legislative director Jack Hoogendyk dismissed supporters' arguments that the legislation would reduce poverty.

"One of, if not the best antidotes to poverty, is marriage. It certainly is not contraception," Hoogendyk said.

Hoogendyk also raised questions about the possibility of a person obtaining contraceptives for someone else.

"We know 'pimps' and 'johns' are concerned that their 'girls' do not get pregnant. This bill seems to open the door for these individuals to pretty easily get contraception or contraceptives," Hoogendyk said.

Subeck noted that the bill requires a "self-assessment" in order to obtain a prescription. An attorney with the nonpartisan Legislative Council said the bill doesn't specifically define "self-assessment," but "it would generally be considered to refer to the person receiving the medication."

More than two dozen states have similar laws on the books.

Democratic Gov. Tony Evers supports the proposal, according to a spokesperson, but the Republican-led Legislature would first need to take it up and pass it.

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This article originally appeared on Milwaukee Journal Sentinel: Bill would allow Wisconsin pharmacists to prescribe birth control