S. 2302: Access to Birth Control Act

This bill, known as the Access to Birth Control Act, aims to improve access to contraceptive methods and related medications in the United States by imposing specific duties on pharmacies. Below are the key provisions of the bill:

Purpose of the Bill

The bill recognizes that access to contraception is an essential part of health care and addresses the barriers many individuals face in obtaining contraceptive services.

Pharmacy Requirements

Pharmacies that receive FDA-approved contraceptives must adhere to several duties:

• Provision without Delay: If a customer requests a contraceptive that is in stock, the pharmacy must provide it without delay.
• Handling Out-of-Stock Requests: If a requested contraceptive is not in stock, the pharmacy must:
• Inform the customer it is unavailable and offer to help locate a pharmacy that has it in stock or
• Order the product for the customer, notifying them when it arrives.
• Non-intimidating Environment: Pharmacies must ensure that their environment is free from intimidation and that employees do not obstruct or misrepresent information related to contraceptive services.
• Confidentiality: Pharmacies must protect customer confidentiality concerning their requests for contraceptive products.

Exemptions and Refusals

The bill provides specific exemptions for pharmacies that do not ordinarily stock contraceptives. It also allows for refusals under certain conditions, such as:

• Lack of a valid prescription when required or
• A customer’s inability to pay.
• Professional clinical judgment determining that dispensing would be inappropriate.

Legal Protections and Enforcement

The bill outlines the legal context, stating that:

• It does not override state laws that provide stronger protections for customers.
• Pharmacies violating these provisions may face civil penalties up to $1,000 per day.
• Individuals harmed by violations may sue pharmacies for damages.

Definitions

The bill defines important terms such as:

• Contraception: Any FDA-approved drug or device used to prevent pregnancy.
• Medication Related to Contraception: Any medication deemed necessary for contraception by a medical professional.
• Pharmacy: Any retail entity authorized to sell prescription drugs.

Effectiveness

The provisions of this bill would take effect 31 days after it becomes law.

Relevant Companies

• MRK - Merck & Co. Inc.: A pharmaceutical company that manufactures contraceptives and could see changes in distribution practices if pharmacies are mandated to provide these products.
• PFE - Pfizer Inc.: Manufacturer of contraceptive products, this bill may affect their sales and distribution through pharmacies.
• TEVA - Teva Pharmaceuticals: A provider of generic contraceptives which may be impacted in how their products are stocked and dispensed by pharmacies.