To amend the Public Health Service Act to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception and medication related to contraception, and for other purposes.
About This Bill
Committee
Latest Action · July 23, 2024
Referred to the House Committee on Energy and Commerce.
The Access to Birth Control Act would require pharmacies to dispense FDA-approved contraception and related medications without delay, or quickly refer customers to other pharmacies or arrange expedited ordering if the medication is not in stock. Pharmacies would be prohibited from intimidating customers, deceiving them about availability, breaching confidentiality, or refusing to return valid prescriptions related to contraceptive requests. The bill would allow pharmacies to refuse service only in limited circumstances, such as when a prescription is required but not provided, when customers cannot pay, or when a pharmacist has genuine clinical concerns based on professional medical standards. Violations would result in civil penalties up to $1,000 per day, capped at $100,000 per case, and affected customers could also sue pharmacies directly for damages. The legislation would take effect 31 days after enactment and would not override state laws that provide greater protections, though it explicitly states that religious freedom claims cannot be used to defend against violations.
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