Mercer Times

In a move that underscores New Jersey's commitment to expanding access to reproductive health care, Governor Murphy has announced a series of measures that authorize qualified pharmacists to provide self-administered hormonal contraceptives to patients without a prescription. This development implements the legislation signed by Governor Murphy last year, which eliminated the prescription requirement for these contraceptives. The legislation was enacted on the first anniversary of an historic event that enshrined the constitutional right to freedom of reproductive choice in New Jersey.

"In New Jersey, we will continue to protect a woman’s right to plan her future on her own terms," stated Governor Phil Murphy. "Today marks an important step forward in our efforts to expand access to reproductive health care as we make birth control more accessible across the state. As we witness an attack on reproductive freedom across the country, New Jersey will continue to be a safe haven for women to access the care they need."

Until now, individuals in New Jersey have typically been unable to access self-administered hormonal contraceptives—including injectable contraceptives, pills, patches, and rings—without first obtaining a prescription from a licensed health care provider. However, new rules adopted by the State Board of Medical Examiners and the Board of Pharmacy now allow qualified pharmacists to furnish these products without a prescription. These rules follow standardized procedures and protocols jointly developed by the Boards and are pursuant to a statewide standing order issued today by the New Jersey Department of Health (“DOH”).

Attorney General Matthew J. Platkin noted that "at a time of unprecedented attacks on reproductive freedom in America, New Jersey, under the leadership of Governor Murphy, remains a staunch defender of the fundamental right to reproductive autonomy." He added that this move represents another significant step towards reducing barriers so all residents can have access to hormonal contraceptives—an essential component of reproductive health care.

Acting Director of the Division of Consumer Affairs Cari Fais echoed these sentiments, stating that "ensuring access to contraceptive options is important for supporting reproductive autonomy, preventing unintended pregnancies, and promoting reproductive health." She added that eliminating the need for a prescription removes a significant barrier for many and opens a new avenue for reproductive planning.

Health Commissioner Dr. Kaitlan Baston also praised the move, noting that hormonal contraceptives have empowered women with the ability to make decisions about their own reproductive health for decades. "In New Jersey, this expansion of vital reproductive health services and the availability of hormonal birth control without a prescription provides broader, more equitable access while putting in place the necessary safeguards that protect patient health, safety, and privacy," she said.

Pharmacists wishing to provide self-administered hormonal contraceptives under the new rules must complete a four-hour training program on patient screening, selection of a self-administered hormonal contraceptive, and patient counseling. When an individual requests such a contraceptive from a pharmacist, the pharmacist must first determine if the patient is eligible to receive it by completing a health screening questionnaire prepared by DOH. If deemed eligible, the pharmacist may furnish an initial supply of up to three months, with refills for up to nine additional months.

This removal of prescription requirements is just one part of New Jersey's broader strategy to prioritize reproductive freedoms currently under attack around the country following the Supreme Court’s reversal of the 1973 Roe v. Wade decision guaranteeing constitutional rights to abortion in the U.S.