H.R. 4084 — Access to Birth Control Act

This section states 13 congressional findings on the importance of contraception as basic health care and reproductive autonomy, its coverage under the Patient Protection and Affordable Care Act for approximately 58 million women ages 19-64 without cost-sharing in 2020 (saving women $1.4 billion on birth control pills in 2013), barriers to access including cost, discrimination, and pharmacist refusals in over 20 states, health inequities (e.g., 58% unintended pregnancy rate for low-income Hispanic women vs. 33% for White women; 45% of certain minority respondents facing access challenges), and 42% of 2019 U.S. pregnancies being unintended.

This section establishes duties for pharmacies receiving FDA-approved, cleared, or authorized drugs or devices in interstate commerce to ensure provision of contraceptives (i.e., any FDA-approved drug or device to prevent pregnancy) or medications related to contraception. Specifically, such pharmacies must (1) provide requested items in stock without delay; (2) if not in stock but ordinarily stocked, immediately inform the customer and offer referral/transfer to another pharmacy with stock or expedited ordering; and (3) prohibit employee intimidation, harassment, interference, misrepresentation, confidentiality breaches, or refusal to return valid prescriptions related to such requests (with exceptions for pharmacies not ordinarily stocking these items, lack of valid prescription, inability to pay, or professional clinical judgment). The section preserves Title VII rights and bars Religious Freedom Restoration Act claims or defenses; it does not preempt stricter state laws. It authorizes enforcement via U.S. civil penalties of up to $1,000 per day of violation (not to exceed $100,000 per proceeding) and private actions for damages, injunctions, and attorney fees, with a 5-year statute of limitations.