H.R. 4084: Access to Birth Control Act
This bill, known as the Access to Birth Control Act, seeks to amend the Public Health Service Act to establish specific responsibilities for pharmacies regarding the provision of certain contraceptives and related medications. The key elements of the bill include:
Pharmacy Responsibilities
Pharmacies that receive FDA-approved contraceptives and related medications must:
- Provide Contraceptives Promptly: Pharmacies are required to supply requested contraceptives or related medications that are in stock without delay.
- Notify Customers of Out-of-Stock Items: If an item is not available, the pharmacy must inform the customer immediately and offer options, such as:
- Referring the customer to another pharmacy that has the item in stock.
- Ordering the item and notifying the customer when it becomes available.
- Maintain a Supportive Environment: Pharmacies must ensure a respectful atmosphere free from intimidation or harassment for customers requesting contraceptive services.
- Transparency and Confidentiality: Employees cannot misrepresent the availability of contraceptives, breach confidentiality, or refuse to return valid prescriptions at the customer's request.
Restrictions on Enforcement
The bill specifies that pharmacies not typically stocking contraceptives do not have to comply with certain obligations outlined above. Additionally, pharmacies may refuse to provide contraceptives under particular circumstances, such as:
- If dispensing the item requires a valid prescription that is not presented.
- If the customer cannot afford the medication.
- If the pharmacy staff determine it outside their professional judgment to provide the contraceptive.
Legal Protections and Penalties
Pharmacies found violating these provisions can face civil penalties of up to $1,000 per day, not exceeding $100,000 for all related violations in a single case. Individuals aggrieved by violations may also pursue civil actions against the pharmacy for various remedies, including damages and legal fees.
The bill’s effectiveness will commence 31 days upon its enactment, without contingent guidelines or rules from relevant authorities.
Findings Justifying the Bill
The bill outlines several findings supporting its justification, including:
- Access to contraception is essential for family planning and reproductive autonomy.
- Barriers to contraception access persist, including cost and discrimination.
- A significant percentage of pregnancies in the U.S. are unintended, highlighting the need for improved contraceptive access.
- Emergency contraceptives, including over-the-counter options, are recognized as an effective means to prevent unintended pregnancies.
Overall, the bill emphasizes the importance of unfettered access to contraceptives and aims to mitigate systemic inequities that hinder access based on various socio-economic factors.
Relevant Companies
- PFE (Pfizer Inc.): Pfizer is significantly involved in producing contraceptives, including emergency contraception. Changes dictated by this bill could impact their distribution and sales channels.
- BAYRY (Bayer AG): Bayer manufactures a range of contraceptive products, and the bill could affect their ability to supply these medications through pharmacies due to new compliance regulations.
- JNJ (Johnson & Johnson): Johnson & Johnson also provides contraceptive solutions, and this legislation could influence their distribution practices and sales performance in pharmacies.
This is an AI-generated summary of the bill text. There may be mistakes.
Sponsors
45 bill sponsors
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TrackRobin L. Kelly
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TrackNanette Diaz Barragán
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TrackAmi Bera
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TrackJulia Brownley
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TrackKathy Castor
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TrackJudy Chu
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TrackYvette D. Clarke
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TrackSteve Cohen
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TrackJasmine Crockett
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TrackDiana DeGette
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TrackRosa L. DeLauro
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TrackChristopher R. Deluzio
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TrackBill Foster
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TrackValerie P. Foushee
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TrackLois Frankel
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TrackJohn Garamendi
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TrackRobert Garcia
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TrackSylvia R. Garcia
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TrackDaniel S. Goldman
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TrackJimmy Gomez
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TrackHenry C. "Hank" Johnson, Jr.
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TrackJohn B. Larson
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TrackDoris O. Matsui
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TrackJennifer L. McClellan
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TrackBetty McCollum
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TrackKweisi Mfume
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TrackSeth Moulton
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TrackEleanor Holmes Norton
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TrackIlhan Omar
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TrackMark Pocan
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TrackDelia C. Ramirez
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TrackAndrea Salinas
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TrackMary Gay Scanlon
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TrackTerri A. Sewell
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TrackMikie Sherrill
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TrackMelanie A. Stansbury
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TrackMarilyn Strickland
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TrackEric Swalwell
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TrackShri Thanedar
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TrackRashida Tlaib
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TrackPaul Tonko
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TrackLori Trahan
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TrackJuan Vargas
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TrackMarc A. Veasey
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TrackNikema Williams
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Actions
2 actions
| Date | Action |
|---|---|
| Jun. 23, 2025 | Introduced in House |
| Jun. 23, 2025 | Referred to the House Committee on Energy and Commerce. |
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