General Assembly Expands Access to Contraceptives

The House and Senate have passed Senate Bill 105, unanimously in the Senate and by a vote of 35-6 in the House, with Republican Representatives Rick Collins, Tim Dukes, Shannon Morris, Charles Postles, Jesse Vanderwende, and Lyndon Yearick casting the six no votes. I have a question. There are social conservative Republican Senators in the Senate, and yet they voted for this bill. I wonder why they didn’t join their House counterparts.

This bill expands access to contraceptives in Delaware by making it easier for women to receive pills, patches, vaginal rings, injectables and other birth control medications.  The bill would allow pharmacists to dispense contraceptives and administer injectable contraceptives under a standing order from the Delaware Department of Health and Social Services (DHSS). 

Currently, only healthcare practitioners have the ability to prescribe those medications in Delaware, creating an unnecessary hurdle for many women, particularly in parts of the state where primary care doctors are in short supply. 

Pharmacists also would be required to complete an approved training program, provide a self-screening risk assessment to patients, and provide a written summary of the evaluation.  

Fourteen states and the District of Columbia allow pharmacists to dispense contraceptives, while at least 10 other states are currently considering legislation similar to SB 105. 

A 2020 study of women in four states where pharmacists are able to dispense contraceptives found that those women who used a pharmacy for their birth control needs tend to be younger, uninsured and have less education than women who received a prescription from their healthcare provider – the same demographics that tend to experience higher rate of unintended pregnancies. 

Senate Bill 105  Sponsors	Yes Votes	No Votes
Pinkney, Hansen. S.McBride, Sokola, Sturgeon	Senate Passed 21-0. Brown Ennis Gay Hansen Lockman Mantzavinos Paradee Pinkney Poore S.McBride Sokola Sturgeon Townsend Walsh Bonini Hocker Lawson Lopez Pettyjohn Richardson Wilson	None
K.Johnson, Dorsey Walker, Baumbach, Kowalko, Lambert, S.Moore, Morrison, Wilson-Anton	House Passed 35-6. Baumbach Bennett Bentz Bolden Brady Bush Carson Chukwuocha Cooke Dorsey-Walker Griffith Heffernan K.Johnson K.Williams Kowalko Lambert Longhurst Lynn Matthews Minor-Brown Mitchell Morrison Osienski S.Moore Schwartzkopf Wilson-Anton  Briggs King D.Short Gray Hensley M.Smith Ramone Shupe Smyk Spiegelman	Collins, Dukes, Morris, Postles, Vanderwende, Yearick
Current Status —	Sent to Governor

“Six decades after the pill was first approved by the FDA, nearly 7 out of 10 women over the age of 15 actively use some form of contraception to prevent unwanted pregnancies, to regulate their menstrual cycles, to manage endometriosis, and to reduce the risk of uterine cancer and ovarian cysts,” said Sen. Marie Pinkney, the prime sponsor.

“Yet far too many women – particularly women of color and women with limited financial means – still face obstacles when it comes to accessing these contraceptives,” she said. “By making birth control available directly from local pharmacies, we can expand access to these vital medications for women who lack a primary care doctor, lack the transportation needed to visit a provider or lack the ability to take off of work for those appointments. We also will be removing some of the unnecessary burdens faced by all women who want to take control of their own reproductive health.” 

“Contraceptives are as much a basic public health necessity as many over-the-counter medications. They have been proven through decades of use as safe, reliable, and effective. Pharmacists are licensed professionals who are knowledgeable about the benefits, risks and side effects of these contraceptives, and they are more than capable of dispensing and administering them,” said Rep. Kendra Johnson, the House prime sponsor of SB 105. “This bill will address a healthcare gap that exists for residents who might not have easy access to an OB-GYN, or even have a primary care physician. Instead of having the added step of discussing with a provider first, residents can discuss and receive these important contraceptive medications directly from their local pharmacist.”