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Access to Birth Control Act

USA119th CongressHR-4084| House 
| Updated: 6/23/2025
Robin L. Kelly

Robin L. Kelly

Democratic Representative

Illinois

Cosponsors (47)
Nikema Williams (Democratic)John Garamendi (Democratic)Sylvia R. Garcia (Democratic)Marc A. Veasey (Democratic)Mikie Sherrill (Democratic)Robert Garcia (Democratic)Mark Pocan (Democratic)Jennifer L. McClellan (Democratic)Christopher R. Deluzio (Democratic)Bill Foster (Democratic)Ilhan Omar (Democratic)Juan Vargas (Democratic)Terri A. Sewell (Democratic)Eric Swalwell (Democratic)Debbie Dingell (Democratic)Melanie A. Stansbury (Democratic)Steve Cohen (Democratic)Andrea Salinas (Democratic)Paul Tonko (Democratic)Delia C. Ramirez (Democratic)Rosa L. DeLauro (Democratic)Shri Thanedar (Democratic)Jasmine Crockett (Democratic)Henry C. "Hank" Johnson (Democratic)John B. Larson (Democratic)Glenn Ivey (Democratic)Doris O. Matsui (Democratic)Marilyn Strickland (Democratic)Daniel S. Goldman (Democratic)Ami Bera (Democratic)Kathy Castor (Democratic)Betty McCollum (Democratic)Eleanor Holmes Norton (Democratic)Mary Gay Scanlon (Democratic)Lois Frankel (Democratic)Donald S. Beyer (Democratic)Diana DeGette (Democratic)Julia Brownley (Democratic)Yvette D. Clarke (Democratic)Lori Trahan (Democratic)Seth Moulton (Democratic)Nanette Diaz Barragán (Democratic)Jimmy Gomez (Democratic)Valerie P. Foushee (Democratic)Rashida Tlaib (Democratic)Kweisi Mfume (Democratic)Judy Chu (Democratic)

Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
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Timeline

Bill from Previous Congress

HR 116-7517
Protect Access to Birth Control Act

Bill from Previous Congress

HR 116-2182
Access to Birth Control Act

Bill from Previous Congress

HR 117-6005
Access to Birth Control Act

Bill from Previous Congress

HR 118-9104
Access to Birth Control Act
Jun 23, 2025
Introduced in House
Jun 23, 2025
Referred to the House Committee on Energy and Commerce.
Aug 1, 2025

Latest Companion Bill Action

S 119-2302
Star Print ordered on the bill.
  • Bill from Previous Congress

    HR 116-7517
    Protect Access to Birth Control Act


  • Bill from Previous Congress

    HR 116-2182
    Access to Birth Control Act


  • Bill from Previous Congress

    HR 117-6005
    Access to Birth Control Act


  • Bill from Previous Congress

    HR 118-9104
    Access to Birth Control Act


  • June 23, 2025
    Introduced in House


  • June 23, 2025
    Referred to the House Committee on Energy and Commerce.


  • August 1, 2025

    Latest Companion Bill Action

    S 119-2302
    Star Print ordered on the bill.

Health

Related Bills

  • S 119-2302: Access to Birth Control Act
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 116-7517
Protect Access to Birth Control Act

Bill from Previous Congress

HR 116-2182
Access to Birth Control Act

Bill from Previous Congress

HR 117-6005
Access to Birth Control Act

Bill from Previous Congress

HR 118-9104
Access to Birth Control Act
Jun 23, 2025
Introduced in House
Jun 23, 2025
Referred to the House Committee on Energy and Commerce.
Aug 1, 2025

Latest Companion Bill Action

S 119-2302
Star Print ordered on the bill.
  • Bill from Previous Congress

    HR 116-7517
    Protect Access to Birth Control Act


  • Bill from Previous Congress

    HR 116-2182
    Access to Birth Control Act


  • Bill from Previous Congress

    HR 117-6005
    Access to Birth Control Act


  • Bill from Previous Congress

    HR 118-9104
    Access to Birth Control Act


  • June 23, 2025
    Introduced in House


  • June 23, 2025
    Referred to the House Committee on Energy and Commerce.


  • August 1, 2025

    Latest Companion Bill Action

    S 119-2302
    Star Print ordered on the bill.
Robin L. Kelly

Robin L. Kelly

Democratic Representative

Illinois

Cosponsors (47)
Nikema Williams (Democratic)John Garamendi (Democratic)Sylvia R. Garcia (Democratic)Marc A. Veasey (Democratic)Mikie Sherrill (Democratic)Robert Garcia (Democratic)Mark Pocan (Democratic)Jennifer L. McClellan (Democratic)Christopher R. Deluzio (Democratic)Bill Foster (Democratic)Ilhan Omar (Democratic)Juan Vargas (Democratic)Terri A. Sewell (Democratic)Eric Swalwell (Democratic)Debbie Dingell (Democratic)Melanie A. Stansbury (Democratic)Steve Cohen (Democratic)Andrea Salinas (Democratic)Paul Tonko (Democratic)Delia C. Ramirez (Democratic)Rosa L. DeLauro (Democratic)Shri Thanedar (Democratic)Jasmine Crockett (Democratic)Henry C. "Hank" Johnson (Democratic)John B. Larson (Democratic)Glenn Ivey (Democratic)Doris O. Matsui (Democratic)Marilyn Strickland (Democratic)Daniel S. Goldman (Democratic)Ami Bera (Democratic)Kathy Castor (Democratic)Betty McCollum (Democratic)Eleanor Holmes Norton (Democratic)Mary Gay Scanlon (Democratic)Lois Frankel (Democratic)Donald S. Beyer (Democratic)Diana DeGette (Democratic)Julia Brownley (Democratic)Yvette D. Clarke (Democratic)Lori Trahan (Democratic)Seth Moulton (Democratic)Nanette Diaz Barragán (Democratic)Jimmy Gomez (Democratic)Valerie P. Foushee (Democratic)Rashida Tlaib (Democratic)Kweisi Mfume (Democratic)Judy Chu (Democratic)

Energy and Commerce Committee

Health

Related Bills

  • S 119-2302: Access to Birth Control Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityDrug therapyFamily planning and birth controlFederal preemptionHealth care coverage and accessHealth personnelPrescription drugsRetail and wholesale trades