Arizona has become the latest of twelve states across the country to provide contraceptives over the counter without a prescription, Governor Katie Hobbs announced Thursday.
The rule will go into effect immediately and allow people over the age of 18 to have access to self-administered birth control from their local pharmacy. But a health screen and blood pressure test is still required.
Hobbs has been at the forefront of recent efforts to promote reproductive freedom in Arizona. She said in a statement that such freedoms are critical to people and families working hard to create a life for themselves in Arizona.
Hobbs’ decision is an “important first step” to achieving reproductive freedom, said Amy Fitch-Heacock, executive board member and spokesperson for Arizonans for Reproductive Freedom, a statewide advocacy group that aims to protect abortion access.
“We have a long way to go here in Arizona . . . but anytime you give people more access to control their reproductive futures, you are getting one step closer to reproductive freedom,” Fitch-Heacock said.
What states allow access to over-the-counter contraceptives?
Arizona is following the lead of 12 other states – California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New Mexico, New York, Oregon, and Washington – and the District of Columbia who have passed similar legislation over the past seven years allowing people over the age of 18 to obtain certain hormonal and oral contraception over the counter.
In Arizona, the new rule includes oral contraceptives like birth control pills, hormonal contraceptive patches and vaginal rings, according to a statement by the Arizona Department of Health Services. Patients seeking contraceptives over the counter will have to pay for the service by either providing proof of insurance or paying out-of-pocket.
Former Arizona Gov. Doug Ducey signed the 2021 law allowing pharmacists to dispense self-administered contraceptives – the pill, the patch or the ring – to patients who are at least 18 years old. The bill attracted bipartisan support, passing the Arizona House of Representatives 33 to 24 and the state Senate by a vote of 21 to 8.
The law allows pharmacists to administer contraceptives in general and Hobbs’ standing order requires them to do so without a prescription from a doctor.
Over the counter access to birth control is even more necessary as “abortion bans and restrictions are sweeping across the nation,” said Amy Moy, the co-CEO of Essential Access Health, a non-profit focused on advancing sexual and reproductive health.
Such access is particularly important for people who lack access to transportation, come from rural or underserved communities and face cultural or linguistic barriers, Moy said.
“Over the counter birth control is an important tool to have in the toolbox. In a post-Roe landscape, it’s even more urgent and necessary,” Moy said. “Anyone who is interested in birth control should have the ability to get it in a way that’s convenient, accordable and meets their unique reproductive goals and health needs.
Fitch-Heacock stressed the importance of educating people on the safety of birth control and encouraging them “to feel really empowered by this and let the stigma and the misinformation fall to the wayside here.”
However, the statutes have proven difficult to implement in the past. A year after California first greenlit over-the-counter contraceptives, a 2017 study found that only 11% of the pharmacies surveyed actually offered the service. Similar results were seen immediately following Oregon’s implementation in 2016.
In Arizona, like all other states offering similar access, pharmacies will not be required to participate in supplying over the counter contraceptives. Hobbs encouraged Arizonans to call their local pharmacy ahead of time to make sure that they have contraceptives in stock.
Pharmacists are not required to undergo special training. But they are required to renew their license every two years, which requires three hours of education in hormonal contraceptive therapy, said Kam Gandhi, executive director of the Arizona Board of Pharmacy.
Gandhi said that some pharmacists have already completed the training while others might choose to wait until they complete the training before dispensing contraceptives. He noted that the Board of Pharmacy “would guide pharmacists to get the appropriate training prior to implementing this process.”
States like California are working to break down barriers further, according to Moy. The Contraceptive Equity act of 2022 was sponsored by Equity Access Health and will expand over the counter access to contraceptives starting January 2024 in part by requiring health insurers to offer contraceptives over the counter at in-network pharmacies.
“The U.S. is really behind when it comes to over-the-counter availability,” Moy said. “It’s beyond time that the U.S. makes sure that it’s available because of the widespread and long-term evidence that shows the safety and efficacy of over-the-counter birth control.”
Contributing: Allie Feinberg, Arizona Republic
