What does Preamble of Access to Birth Control Act do?

This bill proposes to amend the Public Health Service Act. The proposed amendment would establish certain duties for pharmacies. These duties relate to ensuring the provision of Food and Drug Administration-approved contraception and medication related to contraception.

What does SHORT TITLE. of Access to Birth Control Act do?

This bill is formally titled the Access to Birth Control Act.

What does FINDINGS. of Access to Birth Control Act do?

This section outlines findings related to family planning and contraception access in the United States. It notes that approximately 151.6 million individuals had private health insurance covering contraceptive methods in 2020. The Affordable Care Act saved women approximately $1.4 billion on birth control pills in 2013. Significant barriers to contraception access exist, including cost, geography, immigration status, discrimination, and stigma, rooted in systemic inequities and structural racism. Unintended pregnancies accounted for nearly 42% of all pregnancies in 2019. Disparities in unintended pregnancy rates exist, with Hispanic women experiencing a significantly higher rate compared to White women. Contraceptives are used for various medical purposes beyond pregnancy prevention, particularly in communities of color. The FDA has approved over-the-counter access to some emergency contraceptives and recently approved the first over-the-counter daily birth control pill. Access to contraception is considered a protected fundamental right, and providers play a key role in providing contraceptive services. Reports of pharmacists refusing to dispense contraceptives have increased, particularly since the Dobbs v. Jackson Women’s Health Organization decision. The Department of Health and Human Services has clarified that refusing to dispense birth control can be sex discrimination under the Affordable Care Act.

What does DUTIES OF PHARMACIES TO ENSURE PROVISION OF CONTRACEPTION AND of Access to Birth Control Act do?

This section amends the Public Health Service Act to establish duties for pharmacies regarding the provision of contraception and medication related to contraception. Pharmacies that stock contraception or related medication must provide it to customers without delay upon request. If a pharmacy does not have the requested item in stock, it must inform the customer and offer options such as referral to another pharmacy or expedited ordering. Pharmacies are prohibited from intimidating, threatening, or harassing customers, interfering with services, or misrepresenting information about contraception. Pharmacies are not required to comply if they do not ordinarily stock such items. Refusals to provide contraception are permitted under certain circumstances, including lack of a valid prescription, inability to pay, or professional clinical judgment. This section does not invalidate existing civil rights laws or preempt state laws providing greater customer protections. Violations of the requirements can result in civil penalties and private lawsuits for damages. The term 'contraception' is defined as any drug or device approved by the Food and Drug Administration to prevent pregnancy.

Back to bills

Access to Birth Control Act

Last updated: 6/23/2025 · Introduced: 6/23/2025

Author: Robin Kelly (D-IL)

TL;DR (AI)

The Access to Birth Control Act amends the Public Health Service Act to require pharmacies that stock contraception to provide it to customers without delay upon request.
Pharmacies are prohibited from intimidating, threatening, or harassing customers regarding contraception, or misrepresenting information about it.
The bill establishes civil penalties and allows for private lawsuits for damages related to violations of these requirements, while preserving existing civil rights laws and state protections.

119th Congressin committeeS. 2302(In Committee)Official page

Verified Votes

No verified votes yet.

Community Votes

No community votes yet. Be the first!

Voting as guest · Sign in for verified votes

Other Sections

Includes provisions on preamble, short title., and 2 more.

4 sections

Click "Show details" to explore individual sections. Use the community vote above or visit All Sections to vote per section.

Read official text

Want the full experience?

Create a free account to cast verified votes on each section, get a personalized summary, and track your voting history.

Create Free Account