Washington, D.C. – U.S. Senators Patty Murray (D-WA) and Cory Booker (D-NJ) led the reintroduction of the Access to Birth Control Act, legislation that would guarantee patients’ timely access to birth control at the pharmacy—including by addressing pharmacies’ refusals of contraception that prevent patients from obtaining their preferred form of birth control medication. U.S. Representative Robin Kelly (D-IL-02) introduced companion legislation in the House.
Contraception is an essential part of reproductive health care, and protecting access to contraception at the pharmacy is more important than ever given the relentless attacks on reproductive health care currently ongoing throughout the country. In addition to ensuring that patients have access to contraception at the pharmacy without delay, the bill would also ensure that pharmacies do not operate an environment where patients are intimidated, threatened, or harassed when seeking access to contraception or medication related to contraception. In the event that a pharmacy violates one of these requirements, the bill establishes liability for civil penalties for the pharmacy and a private cause of action for patients to seek relief.
“Access to birth control is essential—and Congress should do its part to ensure that women can obtain contraception without delay, without fear or intimidation, and without exception,” said Senator Murray. “This bill is simple and especially important in light of increased threats to contraceptive access from Republican anti-abortion extremists. I’ll always fight to make birth control accessible, available, and affordable for every woman.”
“Reproductive rights are under attack across our nation, and the Access to Birth Control will defend against relentless attacks on birth control,” said Senator Booker. “Nobody should face intimidation or interference when seeking access to essential health care, including when trying to access contraception. We must ensure everyone is able to maintain autonomy over their bodies, their reproductive choices, and if and when they choose to start a family.”
Although Supreme Court precedent recognizes a protected right to contraception, conservatives on the Court have ignored precedent to undermine reproductive rights. In the devastating Dobbs decision, the Court reversed the nearly 50-year precedent of Roe v. Wade that guaranteed a right to access abortion care. Access to contraception in the United States should not hinge on the Supreme Court’s ideological balance or the willingness of individual pharmacists to fill prescriptions. 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.
According to the National Women’s Law Center, pharmacists have refused to fill prescriptions for birth control or provide emergency contraception over the counter to patients in 24 states and the District of Columbia. These refusals are based on personal beliefs and can negatively impact a patient’s health. Additionally, these refusals disproportionately affect people of color, low-income people, LGBTQ people, and those who live in rural and other underserved areas.
Over the course of her career, Senator Murray has always fought to ensure widespread access to affordable birth control. She pushed to ensure birth control was covered under the Affordable Care Act (ACA), led the fight against the Supreme Court’s Hobby Lobby ruling, and has persistently pressed the Biden administration to enforce the ACA’s coverage for contraceptive services. Senator Murray leads the Affordability is Access Act,which would require insurers to fully cover FDA-approved over-the-counter birth control without out-of-pocket costs or a prescription barrier and has pressed the administration to require federally and state-regulated health insurance plans to fully cover over-the-counter birth control. Senator Murray is widely credited with leading the fight to make Plan B available over the counter.
The Access to Birth Control Act is cosponsored by U.S. Senators Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Laphonza Butler (D-CA), Tammy Duckworth (D-IL), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Tim Kaine (D-VA), Bob Menendez (D-NJ), Jeff Merkley (D-OR), Chris Murphy (D-CT), Alex Padilla (D-CA), Jacky Rosen (D-NV), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Mark Warner (D-VA), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).
The Access to Birth Control Act is endorsed by more than 30 organizations, listed here.
To read the full text of the bill, click here.