§432:1-604.5  Contraceptive services. (a)  Notwithstanding any provision of law to the contrary, each employer grouphealth policy, contract, plan, or agreement issued or renewed in this State onor after January 1, 2000, shall cease to exclude contraceptive services orsupplies, and contraceptive prescription drug coverage for the subscriber orany dependent of the subscriber who is covered by the policy, subject to theexclusion under section 431:10A-116.7.

(b)  Except as provided in subsection (c), allpolicies, contracts, plans, or agreements under subsection (a), that providecontraceptive services or supplies, or prescription drug coverage, shall notexclude any prescription contraceptive supplies or impose any unusualcopayment, charge, or waiting requirement for such drug or device.

(c)  Coverage for contraceptives shall includeat least one brand from the monophasic, multiphasic, and the progestin-onlycategories.  A member shall receive coverage for any other oral contraceptiveonly if:

(1)  Use of brands covered has resulted in an adversedrug reaction; or

(2)  The member has not used the brands covered and,based on the member's past medical history, the prescribing health careprovider believes that use of the brands covered would result in an adversereaction.

(d)  For purposes of this section:

"Contraceptive services" meansphysician-delivered, physician-supervised, physician assistant-delivered, nursepractitioner-delivered, certified nurse midwife-delivered, or nurse-deliveredmedical services intended to promote the effective use of contraceptivesupplies or devices to prevent unwanted pregnancy.

"Contraceptive supplies" means allFood and Drug Administration-approved contraceptive drugs or devices used toprevent unwanted pregnancy.

(e)  Nothing in this section shall be construedto extend the practice or privileges of any health care provider beyond thatprovided in the laws governing the provider's practice and privileges. [L 1993,c 365, §2; am L 1999, c 267, §3]