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Bill > HR2567


US HR2567

US HR2567
Access to Birth Control Act


summary

Introduced
05/19/2017
In Committee
05/26/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

115th Congress

Bill Summary

Access to Birth Control Act This bill amends the Public Health Service Act to require pharmacies to comply with certain rules related to contraceptives, including: (1) providing a customer a contraceptive without delay if it is in stock; (2) immediately informing a customer if the contraceptive is not in stock and either transferring the prescription to a pharmacy that has the contraceptive in stock or ordering the contraceptive and notifying the customer when it arrives, based on customer preference, except for pharmacies that do not ordinarily stock contraceptives; and (3) ensuring that pharmacy employees do not take certain actions relating to a request for contraception, including intimidating, threatening, or harassing customers, interfering with the delivery of services, intentionally deceiving customers about the availability or mechanism of action of contraception, breaching or threatening to breach medical confidentiality, or refusing to return a prescription. The bill does not prohibit a pharmacy from refusing to provide a contraceptive to a customer if: (1) it is unlawful to dispense the contraceptive to the customer without a prescription and no prescription is presented; (2) the customer is unable to pay for the contraceptive; or (3) the pharmacy employee refuses to provide the contraceptive on the basis of a professional clinical judgment. The bill does not preempt state law or any professional obligation of a state board that provides greater protections for customers. Civil penalties and a private cause of action are established for violations of this bill.

AI Summary

This bill amends the Public Health Service Act to require pharmacies to comply with certain rules related to contraceptives. Specifically, it mandates that pharmacies provide contraceptives without delay if in stock, inform customers if not in stock and either transfer the prescription or order the contraceptive, and ensure employees do not take certain actions like intimidating, deceiving, or refusing to provide contraceptives. The bill allows pharmacies to refuse to provide contraceptives only if it is unlawful without a prescription, the customer cannot pay, or the employee has a professional clinical judgment for refusal. It establishes civil penalties and a private cause of action for violations, while preserving stronger state laws or professional obligations. The bill aims to ensure access to FDA-approved contraception.

Committee Categories

Business and Industry, Health and Social Services

Sponsors (18)

Last Action

Referred to the Subcommittee on Health. (on 05/26/2017)

bill text


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