The Access to Birth Control Act requires pharmacies to dispense FDA-approved contraceptives and related medications without unnecessary delay and without patient intimidation or deception. If a requested contraceptive is out of stock, pharmacies must either refer customers to another pharmacy that has it in stock, transfer the prescription, or order it expedited—unless the pharmacy doesn't ordinarily stock contraceptives at all. Pharmacies can only refuse service based on legitimate reasons: lack of a valid prescription, inability to pay, or genuine professional clinical judgment, but not based on personal beliefs. The bill addresses recent reports of pharmacists refusing to fill birth control prescriptions, particularly since the 2022 Dobbs decision that overturned Roe v. Wade. Violations can result in federal civil penalties of up to $1,000 per day (capped at $100,000 per case), and customers can sue pharmacies for damages; the bill takes effect 31 days after enactment with no limitations tied to federal guidance.
Take Action
Your position
Add a comment
to comment on this bill.
Annotate the text
Highlight any passage on the Summary or Full Text tab to attach a note. Annotations appear on the Annotations tab.