Vetoed by Governor Glenn Youngkin

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that establishes the right to access and use FDA-approved contraceptives in Virginia.

Highlights:

• Establishes the right for a healthcare provider to provide an individual access to  Food and Drug Administration (FDA) approved contraceptives in Virginia (Sec. 1).

• Specifies this right shall not be infringed upon by any law, regulation, or policy that expressly or effectively limits, delays, or impedes access to contraceptives or information related to contraception (Sec. 1).

• Defines “contraceptive as any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.), including (Sec. 1):

• Oral contraceptives;

• Long-acting reversible contraceptives such as intrauterine devices and hormonal contraceptive implants;

• Emergency contraceptives;

• Internal and external condoms;

• Injectables;

• Vaginal barrier methods;

• Transdermal patches; and 

• Vaginal rings.

• Prohibits the state or any locality from administering, implementing, or enforcing any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that (Sec. 1):

• Prohibits or restricts the sale, provision, or use of any contraceptives that have been approved by the U.S. Food and Drug Administration for contraceptive purposes; 

• Prohibits or restricts any person from aiding another person in obtaining any contraceptives approved by the U.S. Food and Drug Administration or utilizing any contraceptive methods; or

• Exempts any contraceptives approved by the U.S. Food and Drug Administration from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive methods.

• Authorizes an individual or entity that is subject to a law, regulation, or policy that violates this chapter may raise this section as a defense to any cause of action against the individual or entity (Sec. 1).

• Specifies that the attorney general may commence a civil action on behalf of the Commonwealth against any person that violates or enforces a law, regulation, or policy that violates the provisions of this chapter (Sec. 1).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes the right to access and use FDA-approved contraceptives in Virginia.

Highlights:

• Establishes the right for a healthcare provider to provide an individual access to  Food and Drug Administration (FDA) approved contraceptives in Virginia (Sec. 1).

• Specifies this right shall not be infringed upon by any law, regulation, or policy that expressly or effectively limits, delays, or impedes access to contraceptives or information related to contraception (Sec. 1).

• Defines “contraceptive as any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.), including (Sec. 1):

• Oral contraceptives;

• Long-acting reversible contraceptives such as intrauterine devices and hormonal contraceptive implants;

• Emergency contraceptives;

• Internal and external condoms;

• Injectables;

• Vaginal barrier methods;

• Transdermal patches; and 

• Vaginal rings.

• Prohibits the state or any locality from administering, implementing, or enforcing any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that (Sec. 1):

• Prohibits or restricts the sale, provision, or use of any contraceptives that have been approved by the U.S. Food and Drug Administration for contraceptive purposes; 

• Prohibits or restricts any person from aiding another person in obtaining any contraceptives approved by the U.S. Food and Drug Administration or utilizing any contraceptive methods; or

• Exempts any contraceptives approved by the U.S. Food and Drug Administration from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive methods.

• Authorizes an individual or entity that is subject to a law, regulation, or policy that violates this chapter may raise this section as a defense to any cause of action against the individual or entity (Sec. 1).

• Specifies that the attorney general may commence a civil action on behalf of the Commonwealth against any person that violates or enforces a law, regulation, or policy that violates the provisions of this chapter (Sec. 1).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes the right to access and use FDA-approved contraceptives in Virginia.

Highlights:

• Establishes the right for a healthcare provider to provide an individual access to  Food and Drug Administration (FDA) approved contraceptives in Virginia (Sec. 1).

• Specifies this right shall not be infringed upon by any law, regulation, or policy that expressly or effectively limits, delays, or impedes access to contraceptives or information related to contraception (Sec. 1).

• Defines “contraceptive as any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.), including (Sec. 1):

• Oral contraceptives;

• Long-acting reversible contraceptives such as intrauterine devices and hormonal contraceptive implants;

• Emergency contraceptives;

• Internal and external condoms;

• Injectables;

• Vaginal barrier methods;

• Transdermal patches; and 

• Vaginal rings.

• Prohibits the state or any locality from administering, implementing, or enforcing any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that (Sec. 1):

• Prohibits or restricts the sale, provision, or use of any contraceptives that have been approved by the U.S. Food and Drug Administration for contraceptive purposes; 

• Prohibits or restricts any person from aiding another person in obtaining any contraceptives approved by the U.S. Food and Drug Administration or utilizing any contraceptive methods; or

• Exempts any contraceptives approved by the U.S. Food and Drug Administration from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive methods.

• Authorizes an individual or entity that is subject to a law, regulation, or policy that violates this chapter may raise this section as a defense to any cause of action against the individual or entity (Sec. 1).

• Specifies that the attorney general may commence a civil action on behalf of the Commonwealth against any person that violates or enforces a law, regulation, or policy that violates the provisions of this chapter (Sec. 1).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 1).

Full Bill Text