This bill amends the Public Health Service Act to establish specific duties for pharmacies, aiming to ensure the provision of Food and Drug Administration-approved contraception and related medications. It seeks to address identified barriers to accessing birth control, including reports of pharmacists refusing to fill prescriptions or provide over-the-counter options, which have reportedly increased. Under the bill, pharmacies receiving FDA-approved drugs or devices in interstate commerce must comply with several requirements. If a requested contraceptive is in stock , the pharmacy must provide it to the customer without delay. For items not in stock but ordinarily stocked, the pharmacy must immediately inform the customer and offer options: either locating another pharmacy for referral/transfer or expediting an order for the customer. Furthermore, the bill prohibits pharmacies from creating an environment where customers are intimidated, threatened, or harassed regarding contraception. Employees are explicitly forbidden from interfering with service delivery, intentionally misrepresenting availability or mechanism of action, breaching medical confidentiality, or refusing to return a valid prescription upon request. The legislation outlines specific exceptions where a pharmacy may refuse to provide contraception, such as when a valid prescription is absent, the customer cannot pay, or a refusal is based on a professional clinical judgment . It clarifies that the Religious Freedom Restoration Act of 1993 cannot be used as a defense or claim against these provisions, and it does not preempt stronger state laws or professional obligations. To ensure compliance, pharmacies violating these duties could face a civil penalty of up to $1,000 per day, not exceeding $100,000 per proceeding. Additionally, any aggrieved person may initiate a private cause of action in court to seek relief, including actual and punitive damages, injunctive relief, and attorney's fees, within a five-year limitation period.
Civil actions and liabilityDrug therapyFamily planning and birth controlFederal preemptionHealth care coverage and accessHealth personnelPrescription drugsRetail and wholesale trades
Access to Birth Control Act
USA119th CongressHR-4084| House
| Updated: 6/23/2025
This bill amends the Public Health Service Act to establish specific duties for pharmacies, aiming to ensure the provision of Food and Drug Administration-approved contraception and related medications. It seeks to address identified barriers to accessing birth control, including reports of pharmacists refusing to fill prescriptions or provide over-the-counter options, which have reportedly increased. Under the bill, pharmacies receiving FDA-approved drugs or devices in interstate commerce must comply with several requirements. If a requested contraceptive is in stock , the pharmacy must provide it to the customer without delay. For items not in stock but ordinarily stocked, the pharmacy must immediately inform the customer and offer options: either locating another pharmacy for referral/transfer or expediting an order for the customer. Furthermore, the bill prohibits pharmacies from creating an environment where customers are intimidated, threatened, or harassed regarding contraception. Employees are explicitly forbidden from interfering with service delivery, intentionally misrepresenting availability or mechanism of action, breaching medical confidentiality, or refusing to return a valid prescription upon request. The legislation outlines specific exceptions where a pharmacy may refuse to provide contraception, such as when a valid prescription is absent, the customer cannot pay, or a refusal is based on a professional clinical judgment . It clarifies that the Religious Freedom Restoration Act of 1993 cannot be used as a defense or claim against these provisions, and it does not preempt stronger state laws or professional obligations. To ensure compliance, pharmacies violating these duties could face a civil penalty of up to $1,000 per day, not exceeding $100,000 per proceeding. Additionally, any aggrieved person may initiate a private cause of action in court to seek relief, including actual and punitive damages, injunctive relief, and attorney's fees, within a five-year limitation period.
Civil actions and liabilityDrug therapyFamily planning and birth controlFederal preemptionHealth care coverage and accessHealth personnelPrescription drugsRetail and wholesale trades