Legis Daily

Access to Birth Control Act

USA119th CongressS-2302| Senate 
| Updated: 8/1/2025
Cory A. Booker

Cory A. Booker

Democratic Senator

New Jersey

Cosponsors (25)
Jeanne Shaheen (Democratic)Mazie K. Hirono (Democratic)Angela D. Alsobrooks (Democratic)Tammy Duckworth (Democratic)Adam B. Schiff (Democratic)Edward J. Markey (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Alex Padilla (Democratic)Christopher A. Coons (Democratic)Mark R. Warner (Democratic)Amy Klobuchar (Democratic)Tim Kaine (Democratic)Sheldon Whitehouse (Democratic)Jacky Rosen (Democratic)Chris Van Hollen (Democratic)Christopher Murphy (Democratic)Martin Heinrich (Democratic)Patty Murray (Democratic)Tina Smith (Democratic)Andy Kim (Democratic)Tammy Baldwin (Democratic)Jeff Merkley (Democratic)Ron Wyden (Democratic)Richard Blumenthal (Democratic)

Health, Education, Labor, and Pensions Committee

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

Bill from Previous Congress

S 116-4246
Protect Access to Birth Control Act

Bill from Previous Congress

S 117-3223
Access to Birth Control Act

Bill from Previous Congress

S 116-1086
Access to Birth Control Act

Bill from Previous Congress

S 118-4223
Access to Birth Control Act
Jun 23, 2025

Latest Companion Bill Action

HR 119-4084
Introduced in House
Jul 16, 2025
Introduced in Senate
Jul 16, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Aug 1, 2025
Star Print ordered on the bill.
  • Bill from Previous Congress

    S 116-4246
    Protect Access to Birth Control Act


  • Bill from Previous Congress

    S 117-3223
    Access to Birth Control Act


  • Bill from Previous Congress

    S 116-1086
    Access to Birth Control Act


  • Bill from Previous Congress

    S 118-4223
    Access to Birth Control Act


  • June 23, 2025

    Latest Companion Bill Action

    HR 119-4084
    Introduced in House


  • July 16, 2025
    Introduced in Senate


  • July 16, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • August 1, 2025
    Star Print ordered on the bill.

Health

Related Bills

  • HR 119-4084: 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 CongressS-2302| Senate 
| Updated: 8/1/2025
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.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 116-4246
Protect Access to Birth Control Act

Bill from Previous Congress

S 117-3223
Access to Birth Control Act

Bill from Previous Congress

S 116-1086
Access to Birth Control Act

Bill from Previous Congress

S 118-4223
Access to Birth Control Act
Jun 23, 2025

Latest Companion Bill Action

HR 119-4084
Introduced in House
Jul 16, 2025
Introduced in Senate
Jul 16, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Aug 1, 2025
Star Print ordered on the bill.
  • Bill from Previous Congress

    S 116-4246
    Protect Access to Birth Control Act


  • Bill from Previous Congress

    S 117-3223
    Access to Birth Control Act


  • Bill from Previous Congress

    S 116-1086
    Access to Birth Control Act


  • Bill from Previous Congress

    S 118-4223
    Access to Birth Control Act


  • June 23, 2025

    Latest Companion Bill Action

    HR 119-4084
    Introduced in House


  • July 16, 2025
    Introduced in Senate


  • July 16, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • August 1, 2025
    Star Print ordered on the bill.
Cory A. Booker

Cory A. Booker

Democratic Senator

New Jersey

Cosponsors (25)
Jeanne Shaheen (Democratic)Mazie K. Hirono (Democratic)Angela D. Alsobrooks (Democratic)Tammy Duckworth (Democratic)Adam B. Schiff (Democratic)Edward J. Markey (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Alex Padilla (Democratic)Christopher A. Coons (Democratic)Mark R. Warner (Democratic)Amy Klobuchar (Democratic)Tim Kaine (Democratic)Sheldon Whitehouse (Democratic)Jacky Rosen (Democratic)Chris Van Hollen (Democratic)Christopher Murphy (Democratic)Martin Heinrich (Democratic)Patty Murray (Democratic)Tina Smith (Democratic)Andy Kim (Democratic)Tammy Baldwin (Democratic)Jeff Merkley (Democratic)Ron Wyden (Democratic)Richard Blumenthal (Democratic)

Health, Education, Labor, and Pensions Committee

Health

Related Bills

  • HR 119-4084: 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