Patient Protection and Affordable Care Act, would 
increase accessibility for oral birth control for rou-
tine, daily use. 
SEC. 4. SENSE OF THE HOUSE OF REPRESENTATIVES. 
It is the sense of the House of Representatives that— 
(1) in order to increase women’s access to oral 
birth control, it must be both easier to obtain and 
affordable and, to make it either easier to obtain or 
more affordable, but not both, is to leave unaccept-
able barriers in place for women; 
(2) it is imperative that the entities that re-
search and develop oral birth control and whose 
medical and scientific experts have developed clinical 
and other evidence that oral birth control for rou-
tine, daily use is safe and effective for women when 
sold without a prescription, apply to the Food and 
Drug Administration for review and approval for 
sale of such birth control without a prescription; 
(3) upon the receipt of such an application, the 
Food and Drug Administration should determine 
whether the oral birth control meets the rigorous 
safety, efficacy, and quality standards for over-the- 
counter use under the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 301 et seq.), and if the prod-
uct meets those standards, the Food and Drug Ad-
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ministration should approve the application without 
delay; and 
(4) if and when the Food and Drug Adminis-
tration approves an oral birth control that is avail-
able over-the-counter, such birth control should be 
covered by health insurance, without a prescription 
and without cost-sharing. 
SEC. 5. ENSURING COVERAGE OF ORAL BIRTH CONTROL 
FOR USE WITHOUT A PRESCRIPTION. 
Section 2713(a)(4) of the Public Health Service Act 
(42 U.S.C. 300gg–13(a)(4)) is amended by inserting ‘‘(in-
cluding oral contraceptives for routine, daily use approved 
by the Food and Drug Administration for use without a 
prescription, even if the individual does not have a pre-
scription for such contraceptive)’’ after ‘‘additional pre-
ventive care’’. 
SEC. 6. RULES OF CONSTRUCTION. 
(a) NON-INTERFERENCE
WITH
FDA REGULA-
TION.—Nothing in this Act (or the amendment made by 
this Act) shall be construed to modify or interfere with 
Food and Drug Administration processes to review or ap-
prove, or otherwise determine the safety and efficacy of, 
and make available, non-prescription drugs or devices, 
modify or interfere with the scientific and medical consid-
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erations of the Food and Drug Administration, or alter 
any other authority of the Food and Drug Administration. 
(b) NON-PREEMPTION.—Nothing in this Act (or the 
amendment made by this Act) preempts any provision of 
Federal or State law to the extent that such Federal or 
State law provides protections for consumers that are 
greater than the protections provided for in this Act. 
SEC. 7. DUTIES OF RETAILERS TO ENSURE ACCESS TO 
ORAL BIRTH CONTROL FOR USE WITHOUT A 
PRESCRIPTION. 
(a) IN GENERAL.—Any retailer that stocks oral birth 
control for routine, daily use that is approved by, or other-
wise legally marketed under regulation by, the Food and 
Drug Administration for use without a prescription may 
not interfere with an individual’s access to or purchase 
of such birth control or access to medically accurate, com-
prehensive information about such birth control. 
(b) LIMITATION.—Nothing in this section shall pro-
hibit a retailer that stocks oral birth control for routine, 
daily use from refusing to provide an individual with such 
oral birth control that is approved by, or otherwise legally 
marketed under regulation by, the Food and Drug Admin-
istration if the individual is unable to pay for the birth 
control, directly or through insurance coverage. 
Æ 
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