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Senators Cory Booker (D-NJ), Patty Murray (D-WA), and Bob Menendez (D-NJ) have led the reintroduction of the ‘Access to Birth Control Act‘ in the Senate.
The legislation—which has been endorsed by 50 national and local advocacy organizations—would guarantee patients’ timely access to birth control at the pharmacy—including by addressing pharmacies’ refusals of contraception that prevent patients from obtaining their preferred form of birth control medication.
Representatives Carolyn B. Maloney (D-NY), Chairwoman of the House Committee on Oversight and Reform, Robin Kelly (D-IL), and Katie Porter (D-CA) reintroduced the bill in the House. Over 100 Democrats are cosponsors of the bill.
The Access To Birth Control Act would mandate that if contraception meds are out of stock, pharmacies must quickly refer the patient to another, or order the medication if the patient prefers.
Patients would also be protected from “intimidation, threats, or harassment” from pharmacy employees who object to the use of contraception.
Lastly, pharmacies that violate these requirements will be liable for civil penalties, and a private cause of action for patients.
“Birth control is essential health care—full stop. And it’s health care that helps ensure everyone can control their own bodies, lives and futures,” said Murray. “With reproductive rights under attack from every angle, we’ve got to stand up and make clear that no one should be able to come between a patient and the birth control they need—including being turned away at the pharmacy.”
According to the National Women’s Law Center, pharmacists have refused to fill prescriptions for birth control or provide emergency contraception over the counter to patients in 24 states and the District of Columbia. In addition, the ongoing coronavirus crisis has exacerbated barriers to contraception access, with one in three women experiencing delays in obtaining their birth control during the pandemic.
“During the Trump Administration, some health care providers—including pharmacists—denied patients care simply based on their personal views,” said Chairwoman Maloney. “Health care providers must do their jobs based on science—not ideology—and we cannot let this dangerous trend continue.”
