Summary

Requires pharmacies that stock FDA-approved or authorized contraceptives or related drugs to provide those items to customers immediately when in stock, and to promptly help customers get them when out of stock. Prohibits intimidation, refusal, misrepresentation, confidentiality breaches, or withholding valid prescriptions related to contraception, creates civil penalties and a private right of action, and becomes effective 31 days after enactment.

Key Points

• Pharmacies that ordinarily stock FDA-approved contraceptives must provide in-stock items immediately on request.
• If out of stock, pharmacies must promptly refer the customer to another pharmacy or order the item and notify the customer.
• Pharmacies and employees are barred from intimidating, misrepresenting, withholding prescriptions, or disclosing confidential information to impede access.
• Exemptions allow pharmacies that do not ordinarily stock contraceptives and permit refusals consistent with valid prescriptions, payment issues, or professional judgment.
• Federal enforcement includes daily civil penalties (up to $1,000/day, capped at $100,000 per proceeding).
• Individuals may sue for actual and punitive damages, injunctive relief, and attorneys' fees; 5-year statute of limitations applies.
• Title VII employment rights are preserved and RFRA defenses are limited; state laws offering greater customer protections may apply.
• Law covers both prescription and over-the-counter contraceptives and related medications that pharmacies receive in interstate commerce.
• Effective 31 days after enactment.

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