Access to Birth Control Act
The Access to Birth Control Act would add a new duty for pharmacies that dispense FDA-approved contraception or related medications. It requires pharmacies to provide contraception promptly when in stock and, if not in stock, to either refer/transfer the customer to another in-stock pharmacy or to obtain the item through expedited ordering and notify the customer when it arrives. The bill also bars harassment, misrepresentation, and breaches of confidentiality in handling contraception requests and sets conditions under which a pharmacy may refuse service (e.g., no valid prescription, inability to pay, or a professional medical judgment). It preserves certain protections under existing law, clarifies that state laws with greater protections are not preempted, and establishes enforcement mechanisms including civil penalties and a private right of action. The act would take effect 31 days after enactment.
Key Points
- 1Adds a new Section 249 to Part B of the Public Health Service Act establishing duties for pharmacies to ensure provision of contraception and related medications.
- 2In-general duties (a):
- 3- If in stock, provide contraception or related medication to the customer without delay.
- 4- If not in stock, inform the customer and offer options:
- 5- Referral/transfer to a chosen or closest in-stock pharmacy, or
- 6- Order via standard expedited procedures and notify when it arrives.
- 7Conduct requirements (a)(3): prohibits intimidation, interference, misrepresentation about availability or mechanism of action, breaches of medical confidentiality, and refusal to return valid prescriptions.
- 8Stock considerations (b): the requirements do not apply if the pharmacy does not ordinarily stock the items.
- 9Exceptions (c): allows refusals consistent with standard pharmacy practice, including unlawful dispensing without a valid prescription, inability to pay, or professional clinical judgment.
- 10Legal framework (d–e): protections and limits related to other laws (does not invalidate civil rights protections under Title VII; RFRA cannot be used to challenge covered provisions; not preempting state law or higher professional obligations).
- 11Enforcement (f): civil penalties up to $1,000 per day, capped at $100,000 per proceeding; private right of action for aggrieved individuals; 5-year statute of limitations for actions.
- 12Definitions (g): clarifies terms for contraception, medication related to contraception, pharmacy, employee, product, professional clinical judgment, and “without delay.”
- 13Effective date (h): takes effect 31 days after enactment, regardless of pending guidance or rulemaking.