Sponsors (50)
The bill meaningfully improves timely, confidential access to contraception at pharmacies and creates enforceable remedies for denials, but it leaves cost, conscience/refusal, and non‑financial access gaps unaddressed while imposing compliance and litigation costs on pharmacies.
People seeking contraception (women and others who can become pregnant) will get immediate access at pharmacies when items are in stock and prompt referral or transfer when they are not, reducing delays in obtaining birth control.
People requesting contraception will have mandated confidentiality protections and protections against harassment at pharmacies, helping preserve privacy and reduce stigma when obtaining birth control.
Consumers denied access can sue and seek civil penalties (private right of action and fines), creating an enforceable remedy to compel compliance and deter wrongful refusals by pharmacies.
Low-income and uninsured people may still face cost barriers and be refused service if they cannot pay, so many vulnerable individuals could remain unable to obtain contraception despite access mandates.
Pharmacist refusals and conscience/clinical-judgment exceptions remain permitted in some cases and are already widespread in many states, meaning denial-based access gaps will persist for people in those jurisdictions.
The bill pairs HHS findings (which create no new duties by themselves) with new private-enforcement exposure, producing enforcement uncertainty for consumers and substantial litigation and liability risk for pharmacies and employees.
Based on analysis of 3 sections of legislative text.
Requires covered pharmacies to promptly provide in-stock contraceptives or promptly refer/order unavailable items and bars RFRA-based defenses to enforcement.
Official title: To amend the Public Health Service Act to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception and medication related to contraception, and for other purposes.
Introduced June 23, 2025 by Robin L. Kelly · Last progress June 23, 2025
Requires pharmacies that handle FDA-approved contraceptives or contraception-related drugs or devices in interstate commerce to promptly provide in-stock items on request or, if out of stock, to quickly refer the customer to a confirmed-in-stock pharmacy or order the item via expedited procedures and notify the customer. The bill also bars certain forms of refusal, harassment, intimidation, confidentiality breaches, and deceptive practices tied to contraception requests, preserves professional clinical-judgment refusals and higher-protection state laws, and prevents invocation of RFRA as a defense to avoid compliance.