Access to Birth Control Act
The proposed bill introduces specific duties for pharmacies. If a pharmacy stocks contraception and a customer requests it, the pharmacy must provide it promptly. In cases where the contraceptive is out of stock, the pharmacy must inform the customer and either refer them to another pharmacy that has it or expedite an order for the requested contraceptive. Additionally, the bill prohibits intimidation or harassment of customers seeking contraceptive services, supporting a safe environment for individuals accessing reproductive healthcare. Violations of these provisions could lead to civil action against pharmacies, thereby holding them accountable for ensuring access to birth control.
House Bill 9104, known as the Access to Birth Control Act, seeks to amend the Public Health Service Act to ensure that pharmacies are obligated to provide FDA-approved contraception and related medications without delay. The bill underscores the importance of family planning as a fundamental aspect of healthcare and emphasizes that access to contraception is crucial for individuals to exercise reproductive autonomy and achieve their personal goals.During discussions, the bill was highlighted as a necessary measure to address ongoing issues with access to contraceptives in light of reports of pharmacies refusing to fill prescriptions for contraceptives. This legislation aims to standardize the responsibilities of pharmacies, thereby improving access to birth control options across diverse communities, especially in areas where barriers to contraception persist due to systemic inequities and discrimination.
Notably, the legislation comes at a time when reproductive rights are under scrutiny, particularly following recent legal challenges affecting access to contraception. The potential for pharmacists to refuse service on the basis of personal beliefs or professional judgment remains a contentious point, and while side-stepping certain legal protections, the bill emphasizes that the refusal based on personal beliefs should not impede a person’s access to contraceptive services. The bill aims to preempt any state regulations that might provide lesser protections for customers, thus reinforcing federal standards concerning access to contraceptives.