The recently enacted Massachusetts law that expanded protections for reproductive and gender-affirming care primarily applies to health insurance. Still, a section of the law pertains to medical malpractice insurance that does impact pharmacists. Under the law, pharmacists may dispense emergency contraception, which is considered reproductive health care services. If a pharmacist dispenses emergency contraception, the pharmacist must provide an annual report to the Department of Public Health disclosing the number of times such emergency contraception was dispensed. Emergency contraception is defined as any drug approved by the Food and Drug Administration as a contraceptive method for use after sexual intercourse, whether provided over-the-counter or by prescription.
Under the law, healthcare providers, including pharmacists, are insulated from legal action in Massachusetts courts due to providing legal healthcare services in Massachusetts. The law also allows any healthcare provider who faces abusive litigation in another state for providing legally protected reproductive and gender-affirming care services to sue in Massachusetts court to obtain a judgment, including actual damages, expenses, costs, and reasonable attorney’s fees.