S. 2302 — Access to Birth Control Act

This section states 13 congressional findings concerning family planning as basic health care, ACA-mandated no-cost contraceptive coverage for 58 million women ages 19-64 in 2020 (saving $1.4 billion on birth control pills in 2013), use of contraception by nearly two-thirds of women ages 15-49, 2.293 million unintended pregnancies (42% of all pregnancies) in 2019, health disparities (e.g., 58% unintended pregnancy rate for low-income Hispanic women vs. 33% for White women), FDA-approved over-the-counter options, pharmacy refusals in 24 states and DC, and post-Dobbs increases in denials actionable as sex discrimination under ACA Section 1557 (42 U.S.C. 18116).

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 such drug or device approved to prevent pregnancy) and medications related to contraception. Specifically, such pharmacies must (1) provide in-stock requested items without delay; (2) if not in stock but ordinarily stocked, immediately inform the customer and offer referral or transfer to another pharmacy with stock or expedited ordering under standard procedures; and (3) prohibit an environment or employee actions that intimidate or harass customers, interfere with services, misrepresent availability or mechanism of action, breach medical confidentiality, or refuse to return a valid prescription. The section exempts pharmacies that do not ordinarily stock such items; permits refusals without a valid prescription, for inability to pay, or based on professional clinical judgment; preserves rights under Title VII of the Civil Rights Act of 1964 and does not allow the Religious Freedom Restoration Act to provide claims, defenses, or challenges; and does not preempt stricter state laws or professional obligations. For enforcement, the section authorizes (1) civil penalties by the United States of up to $1,000 per day of violation, not to exceed $100,000 per proceeding; and (2) private civil actions for aggrieved persons seeking damages, injunctive relief, and attorney fees, subject to a 5-year statute of limitations.