Access to Birth Control Act
The Access to Birth Control Act would add a new provision to the Public Health Service Act that imposes duties on pharmacies to ensure access to FDA-approved contraception and medications related to contraception. If a requested contraceptive or related medication is in stock, the pharmacy must provide it without delay. If it is not in stock but the pharmacy normally stocks such items, the pharmacy must inform the customer and offer either (a) a referral or transfer to a pharmacy that has the item in stock, or (b) to order the item for expedited delivery and notify the customer when it arrives. The bill also requires a respectful, non-discriminatory, confidential, and non-deceptive service environment and prohibits certain obstructive behaviors by employees. The act provides enforcement tools, including civil penalties and a private right of action, with some exceptions (e.g., if the item is not ordinarily stocked or if a refusal is allowed under standard pharmacy practice). The measure does not preempt stronger state laws and includes definitions for key terms. It becomes effective 31 days after enactment.
Key Points
- 1Duty to provide: Pharmacies receiving FDA-approved contraception or related medications must provide them without delay when in stock.
- 2Stock-out procedures: If not in stock, but the item is normally stocked, pharmacies must either refer/transfer to a pharmacy with stock or order the item under expedited procedures and notify the customer when it arrives.
- 3Conduct protections: Pharmacies must avoid intimidation, misrepresentation, confidentiality breaches, and obstruction related to contraception requests; they must not refuse valid prescriptions.
- 4Enforcement and remedies: Violations can trigger civil penalties (up to $1,000 per day, capped at $100,000 per proceeding) and provide a private right of action for aggrieved individuals, including damages and legal costs.
- 5Exceptions and limitations: The duties do not apply if the item is not ordinarily stocked in the normal course of business; refusals under standard pharmacy practice (e.g., unlawful dispensing without a prescription, inability to pay, or professional clinical judgment) are preserved. State laws and professional obligations with greater protections are not preempted.