cent). In a 2023 study exploring challenges access-
ing contraceptive care among people who identified 
as Asian-American, Native Hawaiian, or Pacific Is-
lander, Black or African-American, Indigenous, or 
Latina/Latinx, 45 percent of respondents reported 
experiencing at least one challenge accessing contra-
ception in the past year. 
(8) In addition to preventing pregnancy, contra-
ceptives are used for a range of medical purposes, 
such as treating abnormal uterine bleeding, irregular 
menstrual cycles, and endometriosis, as well as for 
people managing other chronic conditions, which are 
generally higher in communities of color due to sys-
temic discrimination. 
(9) The Food and Drug Administration has ap-
proved, cleared, or authorized multiple emergency 
contraceptive methods as safe and effective in pre-
venting unintended pregnancy and has approved 
over-the-counter access to some forms of emergency 
contraception for all individuals, regardless of age. If 
taken soon after unprotected sex or primary contra-
ceptive failure, emergency contraception can signifi-
cantly reduce a person’s chance of unintended preg-
nancy. Additionally, in 2023, the Food and Drug 
Administration approved the first over-the-counter 
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daily birth control pill which will give people of all 
ages greater access to birth control options without 
a prescription. 
(10) Contraception is a protected fundamental 
right in the United States and access to contracep-
tion should not be impeded by one individual’s per-
sonal beliefs. Providers, including pharmacists, play 
a key role in providing contraceptive services and 
important information about prescription and over- 
the-counter birth control options to people across the 
country. It is critical that contraceptive care is pro-
vided to people of all ages in a supportive way that 
is culturally appropriate and delivered without stig-
ma, bias, or delay. 
(11) Reports of pharmacists refusing to fill pre-
scriptions for contraceptives, including emergency 
contraceptives, or provide emergency contraception 
over-the-counter have surfaced in States across the 
Nation, including Alabama, Arizona, California, the 
District of Columbia, Georgia, Illinois, Louisiana, 
Massachusetts, Michigan, Minnesota, Missouri, Mon-
tana, New Hampshire, New Mexico, New York, 
North Carolina, Ohio, Oklahoma, Oregon, Rhode Is-
land, Tennessee, Texas, Washington, West Virginia, 
and Wisconsin. 
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(12) Since the Supreme Court decision in 
Dobbs v. Jackson Women’s Health Organization 
(142 S. Ct. 2228 (2022)), there have been increased 
reports of people being denied birth control at phar-
macies. 
(13) In 2022, the Department of Health and 
Human Services issued guidance clarifying that re-
fusing to dispense birth control can be sex discrimi-
nation under section 1557 of the Patient Protection 
and Affordable Care Act (42 U.S.C. 18116). 
SEC. 3. DUTIES OF PHARMACIES TO ENSURE PROVISION OF 
CONTRACEPTION 
AND 
MEDICATION 
RE-
LATED TO CONTRACEPTION. 
Part B of title II of the Public Health Service Act 
(42 U.S.C. 238 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 249. DUTIES OF PHARMACIES TO ENSURE PROVISION 
OF CONTRACEPTION AND MEDICATION RE-
LATED TO CONTRACEPTION. 
‘‘(a) IN GENERAL.—Subject to subsection (c), a 
pharmacy that receives drugs or devices approved, cleared, 
or authorized by the Food and Drug Administration in 
interstate commerce shall maintain compliance with the 
following: 
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‘‘(1) If a customer requests a contraceptive or 
a medication related to a contraceptive that is in 
stock, the pharmacy shall ensure that the contracep-
tive or the medication related to a contraceptive is 
provided to the customer without delay. 
‘‘(2) If a customer requests a contraceptive or 
a medication related to a contraceptive that is not 
in stock and the pharmacy in the normal course of 
business stocks contraception or the medication re-
lated to contraception, the pharmacy shall imme-
diately inform the customer that the contraceptive or 
the medication related to a contraceptive is not in 
stock and without delay offer the customer the fol-
lowing options: 
‘‘(A) If the customer prefers to obtain the 
contraceptive or the medication related to a 
contraceptive through a referral or transfer, the 
pharmacy shall— 
‘‘(i) locate a pharmacy of the cus-
tomer’s choice or the closest pharmacy 
confirmed to have the contraceptive or the 
medication related to a contraceptive in 
stock; and 
‘‘(ii) refer the customer or transfer 
the prescription to that pharmacy. 
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‘‘(B) If the customer prefers for the phar-
macy to order the contraceptive or the medica-
tion related to a contraceptive, the pharmacy 
shall obtain the contraceptive or the medication 
related to a contraceptive under the pharmacy’s 
standard procedure for expedited ordering of 
medication and notify the customer when the 
contraceptive or the medication related to a 
contraceptive arrives. 
‘‘(3) The pharmacy shall ensure that— 
‘‘(A) it does not operate an environment in 
which customers are intimidated, threatened, or 
harassed in the delivery of services relating to 
a request for contraception or a medication re-
lated to contraception; 
‘‘(B) its employees do not interfere with or 
obstruct the delivery of services relating to a re-
quest for contraception or a medication related 
to contraception; 
‘‘(C) its employees do not intentionally 
misrepresent or deceive customers about the 
availability of contraception or a medication re-
lated to contraception or its mechanism of ac-
tion; 
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‘‘(D) its employees do not breach medical 
confidentiality with respect to a request for con-
traception or a medication related to contracep-
tion or threaten to breach such confidentiality; 
or 
‘‘(E) its employees do not refuse to return 
a valid, lawful prescription for contraception or 
a medication related to contraception upon cus-
tomer request. 
‘‘(b) CONTRACEPTIVES OR MEDICATION RELATED TO 
A CONTRACEPTIVE NOT ORDINARILY STOCKED.—Noth-
ing in subsection (a)(2) shall be construed to require any 
pharmacy to comply with such subsection if the pharmacy 
does not ordinarily stock contraceptives or medication re-
lated to a contraceptive in the normal course of business. 
‘‘(c) REFUSALS PURSUANT
TO STANDARD PHAR-
MACY PRACTICE.—This section does not prohibit a phar-
macy from refusing to provide a contraceptive or a medi-
cation related to a contraceptive to a customer in accord-
ance with any of the following: 
‘‘(1) If it is unlawful to dispense the contracep-
tive or the medication related to a contraceptive to 
the customer without a valid, lawful prescription and 
no such prescription is presented. 
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‘‘(1) CIVIL PENALTY.—A pharmacy that vio-
lates a requirement of subsection (a) is liable to the 
United States for a civil penalty in an amount not 
exceeding $1,000 per day of violation, not to exceed 
$100,000 for all violations adjudicated in a single 
proceeding. 
‘‘(2) PRIVATE CAUSE OF ACTION.—Any person 
aggrieved as a result of a violation of a requirement 
of subsection (a) may, in any court of competent ju-
risdiction, commence a civil action against the phar-
macy involved to obtain appropriate relief, including 
actual and punitive damages, injunctive relief, and a 
reasonable attorney’s fee and cost. 
‘‘(3) LIMITATIONS.—A civil action under para-
graph (1) or (2) may not be commenced against a 
pharmacy after the expiration of the 5-year period 
beginning on the date on which the pharmacy alleg-
edly engaged in the violation involved. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘contraception’ or ‘contraceptive’ 
means any drug or device approved, cleared, or au-
thorized by the Food and Drug Administration to 
prevent pregnancy. 
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‘‘(2) The term ‘employee’ means a person hired, 
by contract or any other form of an agreement, by 
a pharmacy. 
‘‘(3) The term ‘medication related to contracep-
tion’ or ‘medication related to a contraceptive’ 
means any drug or device approved, cleared, or au-
thorized by the Food and Drug Administration that 
a medical professional determines necessary to use 
before or in conjunction with contraception or a con-
traceptive. 
‘‘(4) The term ‘pharmacy’ means an entity 
that— 
‘‘(A) is authorized by a State to engage in 
the business of selling prescription drugs at re-
tail; and 
‘‘(B) employs one or more employees. 
‘‘(5) The term ‘product’ means a drug or device 
approved, cleared, or authorized by the Food and 
Drug Administration. 
‘‘(6) The term ‘professional clinical judgment’ 
means the use of professional knowledge and skills 
to form a clinical judgment, in accordance with pre-
vailing medical standards. 
‘‘(7) The term ‘without delay’, with respect to 
a pharmacy providing, providing a referral for, or 
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ordering contraception or a medication related to 
contraception, or transferring the prescription for 
contraception or a medication related to contracep-
tion, means within the usual and customary time-
frame at the pharmacy for providing, providing a re-
ferral for, or ordering other products, or transferring 
the prescription for other products, respectively. 
‘‘(h) EFFECTIVE DATE.—This section shall take ef-
fect 31 days after the date of enactment of this section, 
without regard to whether the Secretary has issued any 
guidance or final rule regarding this section.’’. 
Æ 
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