Access to Birth Control Act
Sponsored By: Senator Sen. Booker, Cory A. [D-NJ]
Introduced
Summary
Would guarantee pharmacy access to FDA‑approved contraception. The bill would require pharmacies to provide or promptly arrange delivery or transfer of contraception and related medications and would create penalties plus a private right of action.
Show full summary
- Families and patients: People would be able to get FDA‑approved contraception or related medicines from a pharmacy without delay when they are in stock. If an item is normally stocked but unavailable, the pharmacy must offer a transfer or referral or order the item and notify the customer.
- Pharmacies and pharmacists: Pharmacies receiving products in interstate commerce would have to maintain an environment free from intimidation, harassment, confidentiality breaches, or refusal to return a valid prescription. Refusals would be allowed only for standard clinical reasons, lack of a valid prescription, or inability to pay.
- Enforcement and legal rights: The bill would authorize civil penalties up to $1,000 per day, capped at $100,000 per proceeding, and would create a private right of action with damages, injunctive relief, and attorney fees. It would preserve compatibility with Title VII and limits from the Religious Freedom Restoration Act and would take effect 31 days after enactment.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Pharmacies must provide birth control
If enacted, pharmacies that receive FDA-approved birth control would have to give you the requested contraceptive without delay when it is in stock. If they do not have it but normally stock it, they would have to tell you and either transfer your prescription to a nearby stocked pharmacy or order it quickly and notify you. Pharmacies would also have to keep a respectful, confidential environment and return valid prescriptions on request. These rules would start 31 days after enactment.
Fines and lawsuits against pharmacies
If enacted, pharmacies that violate the access rules could face civil fines up to $1,000 per day, capped at $100,000 per case. Any person harmed could sue for actual and punitive damages, injunctive relief, and reasonable attorney fees. Lawsuits generally must be started within 5 years of the alleged violation. These enforcement rules would take effect 31 days after enactment.
Legal limits and state protections
If enacted, the bill would say the Religious Freedom Restoration Act cannot be used to defend against or challenge these pharmacy access rules. It would not override State laws that give stronger customer protections. It would also preserve existing employee protections under Title VII. These legal clarifications would take effect 31 days after enactment.
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Sponsors & CoSponsors
Sponsor
Sen. Booker, Cory A. [D-NJ]
NJ • D
Cosponsors
Sen. Murray, Patty [D-WA]
WA • D
Sponsored 7/16/2025
Sen. Shaheen, Jeanne [D-NH]
NH • D
Sponsored 7/16/2025
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 7/16/2025
Sen. Kaine, Tim [D-VA]
VA • D
Sponsored 7/16/2025
Richard Blumenthal
CT • D
Sponsored 7/16/2025
Tammy Duckworth
IL • D
Sponsored 7/16/2025
Sen. Gillibrand, Kirsten E. [D-NY]
NY • D
Sponsored 7/16/2025
Sen. Warner, Mark R. [D-VA]
VA • D
Sponsored 7/16/2025
Jacky Rosen
NV • D
Sponsored 7/16/2025
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 7/16/2025
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 7/16/2025
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 7/16/2025
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 7/16/2025
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 7/16/2025
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 7/16/2025
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 7/16/2025
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 7/16/2025
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 7/16/2025
Sen. Van Hollen, Chris [D-MD]
MD • D
Sponsored 7/16/2025
Sen. Alsobrooks, Angela D. [D-MD]
MD • D
Sponsored 7/16/2025
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 7/16/2025
Amy Klobuchar
MN • D
Sponsored 7/21/2025
Sen. Murphy, Christopher [D-CT]
CT • D
Sponsored 7/21/2025
Andy Kim
NJ • D
Sponsored 7/28/2025
Sen. Coons, Christopher A. [D-DE]
DE • D
Sponsored 1/28/2026
Roll Call Votes
No roll call votes available for this bill.
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