# What the Access to Birth Control Act Actually Does

This bill requires pharmacies to fill prescriptions for FDA-approved contraception and related medications without unnecessary delays or obstacles. If you go to a pharmacy with a valid prescription for birth control—whether it's pills, patches, IUDs, emergency contraception, or other methods—the pharmacy must provide it to you promptly, just like any other medication. The law applies to any pharmacy that handles prescription drugs and has employees.

The bill addresses a real problem that's been reported across the country: some pharmacists have refused to fill birth control prescriptions or provide over-the-counter emergency contraception based on personal or religious beliefs. Under this law, pharmacies can't refuse service based on those beliefs. However, there are narrow exceptions. A pharmacy can still refuse if you don't have a valid prescription, can't pay, or if a pharmacist has a legitimate clinical reason (a medical judgment about whether the medication is appropriate for you). Pharmacies also don't have to stock contraception if they don't normally carry it, but if they do stock it, they must make it available.

The law also prevents pharmacies from creating hostile environments around contraception requests—employees can't intimidate customers, lie about availability, breach confidentiality, or refuse to return your prescription. If a pharmacy violates these rules, you can sue for damages, and the pharmacy faces federal penalties up to $1,000 per day of violation. The bill explicitly states that religious freedom laws cannot be used as a defense to get around these requirements, though it doesn't override state laws that provide even stronger protections for accessing contraception.

Access to Birth Control Act

Maloney, Carolyn B.

Access to Birth Control Act This bill requires pharmacies to comply with certain rules related to ensuring access to contraceptives. Specifically, pharmacies must provide without delay a customer with any contraceptive or related medication that is in stock. If the contraceptive is not in stock, the pharmacy must immediately inform the customer and either order the contraceptive or refer the customer to a pharmacy that has it in stock. Laws in some states provide pharmacists with the right to refuse to dispense contraceptive-related drugs on religious or conscience grounds. Pharmacies may refuse to provide a contraceptive to a customer (1) if the customer lacks a valid prescription for a prescription contraceptive or is unable to pay for the contraceptive, or (2) based on a pharmacy employee's professional clinical judgment. The bill also establishes a private cause of action and civil monetary penalties for violations of the bill.