This bill, the Access to Birth Control Act, would add a new section to the Public Health Service Act that creates duties for retail pharmacies about FDA-approved contraception and medications related to contraception. If a pharmacy has a requested contraceptive in stock, it must give it to the customer without delay. If the pharmacy normally stocks contraception but does not have the specific item, it must tell the customer right away and either (A) find or transfer the prescription to a nearby pharmacy that has it, or (B) order the item under the pharmacy's usual expedited ordering and notify the customer when it arrives. The bill also requires pharmacies to prevent employee harassment, deception, threats to confidentiality, or refusal to return lawful prescriptions related to contraception.
The bill allows exceptions when dispensing would be unlawful without a prescription, when the customer cannot pay, or when an employee refuses on the basis of professional clinical judgment. It does not require pharmacies that do not ordinarily stock contraception to start stocking such products. The bill says Title VII rights are not limited and that the Religious Freedom Restoration Act cannot be used as a defense against claims under the new section. States can keep or add stronger protections than those in the bill. Enforcement includes civil penalties and a private right of action. The new rules would take effect 31 days after enactment.
Supporters say access to contraception is basic health care and important for reproductive autonomy. The bill’s findings cite public health data about contraception use and unintended pregnancy and argue that pharmacies play a key role in providing contraceptive care. The bill is intended to reduce barriers to accessing FDA-approved contraception and related medications and to prevent refusal, delay, or deceptive practices at pharmacies.
No publicly available information.