Several pharmacists in the state say they're prepared to prescribe hormonal contraception to walk-in patients in compliance with a new state law. 

People in New York, both residents and out-of-state visitors, no longer need a medical prescription to get hormonal contraception after Health Department Commissioner James McDonald signed an order Tuesday. It applies to three forms of hormonal contraceptives covered by health insurance, including the oral birth control bill, vaginal ring and contraceptive patch. 

"If you come into New York or you want to have contraception, I've issued a prescription for you," McDonald told reporters Tuesday. "For this role, I've become your doctor. As the state's physician, this is something I'm very comfortable with."

Pharmacists can give a prescription to all residents and out-of-state visitors. And they can get up to a one-year supply.

The Health commissioner's brother and longtime pharmacist Assemblyman John McDonald III said pharmacists have adequate training to evaluate patients and prescribing hormonal contraceptives.

"Pharmacists, contrary what people think, are health care providers." said McDonald, a Democrat from Cohoes. "Pharmacists are trained to be able to make that evaluation based on the patient's information that they provide ... From a pharmacist's perspective, we're well trained and more than capable of carrying out the order by the commissioner of the Department of Health."

Women will complete a questionnaire for pharmacists to determine their health risks and decide the best contraception medication — similar to a doctor. The person who will take the hormonal contraceptive medicine must be present to get the prescription for the first time.

The change is expected to expand birth control access to people in urban, rural and low-income areas who often struggle to find doctors, OBGYNs and other health providers.

"Not all these neighborhoods that are underserved have those luxuries of having a health center, and the pharmacy is their main point of contact," said Paul Pagnotta, operations manager and clinical services manager at the Albany College of Pharmacy & Health Sciences.

Pagnotta attended Tuesday's signing at the facility's College Parkside Pharmacy, located in a low-income neighborhood in Albany. He said pharmacists will require patients to renew their evaluation and Department of Health questionnaire each year.

"There is no obligation for the pharmacist to do it [prescribe contraception] out of demand," Pagnotta said. "So it's really going to be professional judgment."

Gov. Kathy Hochul said the action is necessary as other U.S. states limit reproductive health care in wake of the Supreme Court's overturning of Roe v. Wade in 2022.

"We need to allow families and individuals to plan for their own lives, whether they want to start a family or not start a family, pursue their dreams and achieve their full potential," the governor said Tuesday. "And it comes to half the population, women, having full control over their own bodies."

The signing of the standing order comes after the governor signed a law last May to empower pharmacists to prescribe hormonal contraceptives. The law took effect in January, but state leaders had to wait for the Department of Education to finalize the regulations around the policy change. SED completed the rules last week.

Several Republican lawmakers voted against the bill last session, and argue the expansion to birth control access is a political move meant to help Democrats in this year's elections.

"This is a political issue," said Sen. George Borrello, a Republican from Sunset Bay. "The one topic that Democrats can cling to is women's reproductive health, and they're going to cling to that at all costs."

But other Republicans lawmakers like Assemblyman Josh Jensen see the need to expand access to birth control to reduce the rate of unwanted pregnancies and abortions in the state.

"My colleagues are definitely going to be talking about having less abortions, so it does make sense to say, 'Let's make sure birth control is available,'" Jensen, a Republican from Rochester, said.