Access to Birth Control Act

This legislation, titled the "Access to Birth Control Act," aims to amend the Public Health Service Act by establishing clear duties for pharmacies to ensure the provision of Food and Drug Administration-approved contraception and related medications. It addresses concerns about barriers to accessing birth control, including reports of pharmacists refusing to fill prescriptions or provide over-the-counter options, particularly following recent legal developments. The bill underscores that contraception is considered basic healthcare, a protected fundamental right, and essential for reproductive autonomy, noting its various medical uses beyond pregnancy prevention. The bill mandates that pharmacies receiving FDA-approved drugs or devices in interstate commerce must comply with specific requirements. If a requested contraceptive is in stock, it must be provided without delay. If out of stock, the pharmacy must immediately inform the customer and offer either a referral to a nearby pharmacy with the item in stock or expedited ordering. Furthermore, the bill prohibits pharmacy employees from intimidating, threatening, harassing, interfering with, or intentionally misrepresenting information about contraception, or breaching medical confidentiality. Exceptions are made for unlawful prescriptions, inability to pay, or refusals based on professional clinical judgment, and pharmacies not ordinarily stocking such items are exempt from the out-of-stock provisions. Violations can incur civil penalties up to $1,000 per day, with a maximum of $100,000 per proceeding, and allow individuals to pursue a private cause of action for relief, including damages and attorney's fees. The legislation also clarifies that the Religious Freedom Restoration Act cannot be used as a defense against these provisions and that state laws offering greater protections are not preempted.