Access to Birth Control Act
- Bill Number
- H.R. 4084
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-06-23: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-06-09T08:05:43Z
AI-Generated Summary
Purpose of the Legislation
The Access to Birth Control Act (H.R. 4084) aims to guarantee timely access to Food and Drug Administration (FDA)-approved contraceptives and related medications by imposing specific duties on pharmacies. It seeks to remove barriers like refusals based on personal beliefs, stigma, or delays, promoting reproductive health as a fundamental right and addressing inequities in access, particularly for underserved communities.
Key Provisions
- Pharmacy Duties:
- If a requested contraceptive or related medication is in stock, the pharmacy must provide it without delay (defined as within the usual timeframe for other products).
- If not in stock but the pharmacy normally carries such items, it must immediately inform the customer and offer options: refer or transfer the prescription to another pharmacy with stock, or order it expeditiously and notify the customer when available.
- Pharmacies must maintain a non-intimidating environment, ensure employees do not interfere, misrepresent availability or function, breach confidentiality, or refuse to return valid prescriptions.
- Exceptions:
- Pharmacies not ordinarily stocking these items are exempt.
- Refusals are allowed if dispensing is unlawful without a prescription, the customer cannot pay, or based on a pharmacist's professional clinical judgment (using medical standards).
- Enforcement:
- Civil penalties up to $1,000 per day of violation, capped at $100,000 per proceeding, enforced by the U.S. government.
- Aggrieved individuals can sue for damages, injunctions (court orders to stop violations), and attorney fees; lawsuits must start within 5 years.
- Definitions:
- "Contraceptive" means any FDA-approved drug or device to prevent pregnancy.
- "Medication related to contraception" includes FDA-approved items a doctor deems necessary before or with contraceptives (e.g., for treating conditions like endometriosis).
- Applies to state-authorized retail pharmacies employing staff.
- Other Rules:
- Does not override stronger state laws or professional standards.
- Takes effect 31 days after enactment, regardless of federal guidance.
- Findings highlight benefits of contraception, barriers like cost and discrimination, and post-2022 Supreme Court trends in denials.
Significant Changes to Existing Law
- Amends the Public Health Service Act by adding a new section (SEC. 249) that mandates pharmacy compliance for FDA-approved products in interstate commerce, which did not previously exist at the federal level.
- Limits the Religious Freedom Restoration Act (RFRA) from being used as a defense or challenge against these requirements, while preserving rights under the Civil Rights Act of 1964 (which prohibits employment discrimination).
- Builds on Affordable Care Act provisions for no-cost contraceptive coverage but extends to pharmacy dispensing practices, addressing gaps in over-the-counter and prescription access.
Potential Impacts
- On Citizens: Improves access to contraception for about 58 million insured women and others, potentially reducing unintended pregnancies (42% of U.S. total in 2019) and health inequities, especially for low-income, Hispanic, Black, Indigenous, and other marginalized groups facing higher barriers.
- On Government Agencies: The Department of Health and Human Services (HHS) may handle enforcement and guidance, building on its 2022 clarification that denying birth control can be sex discrimination under federal health law.
- On Pharmacies and Businesses: Requires operational changes like stock management and staff training; non-compliance risks fines or lawsuits, but exemptions protect small or specialized pharmacies.
- On International Relations: No direct impact mentioned.
Main Stakeholders Affected
- Customers: Individuals seeking contraception, particularly women aged 15-49 (nearly two-thirds use it), low-income and minority communities, and those with chronic conditions treated by contraceptives.
- Pharmacies and Pharmacists: Retail entities and employees must comply; affects chains like those in 25+ states with reported refusals.
- Healthcare Providers: Doctors prescribing related medications; supports their role in reproductive care.
- Government and Regulators: HHS for enforcement; state licensing boards for aligned rules.
- Advocacy Groups: Organizations focused on reproductive rights, equity, and public health.
Notable Legal, Constitutional, or Political Implications
- Legal: Introduces a private right of action (allowing individuals to sue directly) and federal civil penalties, strengthening remedies beyond existing anti-discrimination laws like Section 1557 of the Affordable Care Act. Preempts only weaker state laws, encouraging broader protections.
- Constitutional: Reinforces contraception as a "protected fundamental right" (referencing Supreme Court precedents), countering post-Dobbs v. Jackson Women's Health Organization (2022) increases in denials by limiting religious objections via RFRA restrictions.
- Political: Responds to systemic barriers, including racism and stigma, and data on unintended pregnancies; introduced by a bipartisan group but emphasizes equity and autonomy, potentially sparking debates on religious freedoms versus public health access.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (49)
Rep. Foster, Bill [D-IL-11], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Brownley, Julia [D-CA-26], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Sewell, Terri A. [D-AL-7], Rep. Castor, Kathy [D-FL-14], Rep. Pocan, Mark [D-WI-2], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Thanedar, Shri [D-MI-13], Rep. Crockett, Jasmine [D-TX-30], Rep. Vargas, Juan [D-CA-52], Rep. Salinas, Andrea [D-OR-6], Rep. McCollum, Betty [D-MN-4], Rep. Tonko, Paul [D-NY-20], Rep. Clarke, Yvette D. [D-NY-9], Rep. Larson, John B. [D-CT-1], Rep. Strickland, Marilyn [D-WA-10], Rep. Williams, Nikema [D-GA-5], Rep. Mfume, Kweisi [D-MD-7], Rep. Matsui, Doris O. [D-CA-7], Rep. Frankel, Lois [D-FL-22], Rep. McClellan, Jennifer L. [D-VA-4], Rep. Garamendi, John [D-CA-8], Rep. DeGette, Diana [D-CO-1], Rep. Swalwell, Eric [D-CA-14], Rep. Moulton, Seth [D-MA-6], Rep. Cohen, Steve [D-TN-9], Rep. Chu, Judy [D-CA-28], Rep. Ramirez, Delia C. [D-IL-3], Rep. Tlaib, Rashida [D-MI-12], Rep. Trahan, Lori [D-MA-3], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Gomez, Jimmy [D-CA-34], Rep. Foushee, Valerie P. [D-NC-4], Rep. Garcia, Robert [D-CA-42], Rep. Sherrill, Mikie [D-NJ-11], Rep. DeLauro, Rosa L. [D-CT-3], Rep. Bera, Ami [D-CA-6], Rep. Goldman, Daniel S. [D-NY-10], Rep. Veasey, Marc A. [D-TX-33], Rep. Omar, Ilhan [D-MN-5], Rep. Beyer, Donald S. [D-VA-8], Rep. Dingell, Debbie [D-MI-6], Rep. Ivey, Glenn [D-MD-4], Rep. Gottheimer, Josh [D-NJ-5], Rep. DeSaulnier, Mark [D-CA-10]
Recent Actions
- 2025-06-23: Referred to the House Committee on Energy and Commerce.
- 2025-06-23: Introduced in House
- 2025-06-23: Introduced in House
Bill Versions
- Access to Birth Control Act — issued 2025-06-23 — PDF (13 pages)