To establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, medication related to contraception, and for other purposes.
About This Bill
Committee
Latest Action · May 1, 2024
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
This bill requires pharmacies that fill prescriptions to ensure customers can access FDA-approved contraception and related medications without unnecessary delays or obstacles. If a requested contraceptive is in stock, pharmacies must provide it immediately. If it is not in stock but the pharmacy normally carries contraceptives, staff must promptly offer to transfer the prescription to another pharmacy or order it expedited. The bill prohibits pharmacies from intimidating customers, misrepresenting medication availability, breaching confidentiality, or refusing to return valid prescriptions related to contraception. Pharmacies may still refuse service only in limited circumstances, such as when a prescription is invalid or the customer cannot pay, or when a pharmacist makes a genuine clinical judgment that the medication is inappropriate. The legislation establishes civil penalties up to $1,000 per day (capped at $100,000 per case) for violations and allows customers to sue for damages and attorney fees. The law takes effect 31 days after enactment and does not preempt state laws that provide greater protections.
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