Access to Birth Control Act
Sponsored By: Representative Kelly, Robin L. [D-IL-2]
Introduced
Summary
Ensuring timely access to contraception at pharmacies is the bill’s main goal. It would create duties for pharmacies to provide FDA‑approved contraceptives and related medications promptly and to offer clear options when items are not in stock.
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- Families and patients: Pharmacies would need to fill or dispense contraceptives in stock without delay or quickly arrange a referral or expedited order when a product is normally stocked. The bill cites high contraceptive use and notes barriers like cost and geography that the measure aims to address.
- Pharmacies and pharmacists: The bill would require a non‑coercive, non‑hostile environment and bar refusals except for narrow standard practice reasons such as unlawful prescriptions, inability to pay, or valid clinical judgment. Pharmacies that do not ordinarily stock contraceptives are not forced to begin stocking them.
- Enforcement and remedies: Aggrieved people would get a private right of action and injunctive relief. Civil penalties may be up to $1,000 per day, with a $100,000 cap per proceeding, and a five‑year statute of limitations.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Stronger enforcement if pharmacies refuse care
If enacted, you could sue a pharmacy that violates these birth control rules. Courts could award actual and punitive damages, court orders to stop the conduct, and your attorney’s fees. The government could also seek up to $1,000 per day in penalties, capped at $100,000 per case. Claims would need to start within five years of the violation. Pharmacies could not use the Religious Freedom Restoration Act to avoid these rules.
Faster, fairer pharmacy access to birth control
If enacted, pharmacies that stock birth control would have to provide it without delay. If it is not in stock but normally stocked, they would need to transfer your prescription to a pharmacy that has it or order it fast and tell you when it arrives. Staff could not harass you, lie about availability or how it works, break your privacy, or keep a valid prescription you ask to be returned. Exceptions would include when a lawful prescription is missing, you cannot pay, or a pharmacist’s professional judgment says it is unsafe. "Without delay" would mean the pharmacy’s usual time to fill, transfer, or order. Birth control would include any FDA‑approved drug or device to prevent pregnancy, and related meds your clinician says you need with it.
Stronger state and worker protections kept
If enacted, stronger state laws or professional rules that protect customers would still apply. Nothing here would reduce your rights under Title VII of the Civil Rights Act. State boards and employers could still be held to higher protections where they exist.
Sponsors & CoSponsors
Sponsor
Kelly, Robin L. [D-IL-2]
IL • D
Cosponsors
Rep. Foster, Bill [D-IL-11]
IL • D
Sponsored 6/23/2025
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 6/23/2025
Rep. Brownley, Julia [D-CA-26]
CA • D
Sponsored 6/23/2025
Rep. Scanlon, Mary Gay [D-PA-5]
PA • D
Sponsored 6/23/2025
Rep. Garcia, Sylvia R. [D-TX-29]
TX • D
Sponsored 6/23/2025
Stansbury
NM • D
Sponsored 6/23/2025
Sewell
AL • D
Sponsored 6/23/2025
Rep. Castor, Kathy [D-FL-14]
FL • D
Sponsored 6/23/2025
Rep. Pocan, Mark [D-WI-2]
WI • D
Sponsored 6/23/2025
Barragan
CA • D
Sponsored 6/23/2025
Rep. Thanedar, Shri [D-MI-13]
MI • D
Sponsored 6/23/2025
Crockett
TX • D
Sponsored 6/23/2025
Rep. Vargas, Juan [D-CA-52]
CA • D
Sponsored 6/23/2025
Rep. Salinas, Andrea [D-OR-6]
OR • D
Sponsored 6/23/2025
McCollum
MN • D
Sponsored 6/23/2025
Rep. Tonko, Paul [D-NY-20]
NY • D
Sponsored 6/23/2025
Rep. Clarke, Yvette D. [D-NY-9]
NY • D
Sponsored 6/23/2025
Rep. Larson, John B. [D-CT-1]
CT • D
Sponsored 6/23/2025
Rep. Strickland, Marilyn [D-WA-10]
WA • D
Sponsored 6/23/2025
Rep. Williams, Nikema [D-GA-5]
GA • D
Sponsored 6/23/2025
Mfume
MD • D
Sponsored 6/23/2025
Rep. Matsui, Doris O. [D-CA-7]
CA • D
Sponsored 6/23/2025
Rep. Frankel, Lois [D-FL-22]
FL • D
Sponsored 6/23/2025
McClellan
VA • D
Sponsored 6/23/2025
Rep. Garamendi, John [D-CA-8]
CA • D
Sponsored 6/23/2025
Rep. DeGette, Diana [D-CO-1]
CO • D
Sponsored 6/23/2025
Swalwell
CA • D
Sponsored 6/23/2025
Rep. Moulton, Seth [D-MA-6]
MA • D
Sponsored 6/23/2025
Cohen
TN • D
Sponsored 6/23/2025
Rep. Chu, Judy [D-CA-28]
CA • D
Sponsored 6/23/2025
Rep. Ramirez, Delia C. [D-IL-3]
IL • D
Sponsored 6/23/2025
Rep. Tlaib, Rashida [D-MI-12]
MI • D
Sponsored 6/23/2025
Trahan
MA • D
Sponsored 6/23/2025
Johnson (GA)
GA • D
Sponsored 6/23/2025
Rep. Deluzio, Christopher R. [D-PA-17]
PA • D
Sponsored 6/23/2025
Gomez
CA • D
Sponsored 6/23/2025
Rep. Foushee, Valerie P. [D-NC-4]
NC • D
Sponsored 6/23/2025
Rep. Garcia, Robert [D-CA-42]
CA • D
Sponsored 6/23/2025
Sherrill
NJ • D
Sponsored 6/23/2025
Rep. DeLauro, Rosa L. [D-CT-3]
CT • D
Sponsored 6/23/2025
Rep. Bera, Ami [D-CA-6]
CA • D
Sponsored 6/23/2025
Rep. Goldman, Daniel S. [D-NY-10]
NY • D
Sponsored 6/25/2025
Rep. Veasey, Marc A. [D-TX-33]
TX • D
Sponsored 7/2/2025
Rep. Omar, Ilhan [D-MN-5]
MN • D
Sponsored 7/2/2025
Rep. Beyer, Donald S. [D-VA-8]
VA • D
Sponsored 7/21/2025
Rep. Dingell, Debbie [D-MI-6]
MI • D
Sponsored 12/17/2025
Ivey
MD • D
Sponsored 1/22/2026
Rep. Gottheimer, Josh [D-NJ-5]
NJ • D
Sponsored 4/6/2026
Roll Call Votes
No roll call votes available for this bill.
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