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Introduced June 23, 2025 by Robin L. Kelly · Last progress June 23, 2025
Requires pharmacies that handle FDA-authorized contraceptives to immediately dispense in-stock birth control and related medications on customer request, and to provide timely referrals, transfers, or expedited ordering when products are out of stock. Establishes consumer protections against employee refusal, intimidation, deception, and confidentiality breaches, creates federal enforcement with civil penalties and a private right of action, and takes effect 31 days after enactment.
The bill substantially expands and standardizes timely access to FDA‑approved contraception and strengthens legal protections for patients, at the cost of increased compliance, legal exposure, and operational burdens for pharmacies (particularly small or rural ones) and the risk of shifting some costs onto consumers.
Women and people who can become pregnant (including uninsured and immigrant populations) will get faster, easier access to FDA‑approved contraception because of expanded OTC approvals, requirements for in‑stock supply or immediate transfers/expedited ordering.
People with private coverage retain access to no‑cost FDA‑approved contraception through insurance, reducing out‑of‑pocket spending for insured users.
Patients' reproductive autonomy and privacy are strengthened by affirming contraception as essential health care and by prohibiting employees from breaching or threatening to breach confidentiality about contraception requests.
Small and rural pharmacies face substantial new financial and legal exposure (civil penalties up to $1,000/day, plus private lawsuits with potential punitive damages and attorney fees), which could raise operating costs or lead to price increases passed to customers.
Employees and some providers with conscience objections may have limited ability to refuse—RFRA defenses are constrained—creating workplace conflict, potential staffing challenges, and legal disputes.
Emphasizing OTC availability could shift costs from insurers to consumers if insurers do not cover OTC purchases, increasing out‑of‑pocket spending for uninsured and low‑income individuals.