MENENDEZ, BOOKER, MURRAY, COLLEAGUES LEAD OVER 100 DEMOCRATS IN THE SENATE AND HOUSE IN INTRODUCING THE ACCESS TO BIRTH CONTROL ACT

Statement

Today, Senators Bob Menendez and Cory Booker (both D-N.J.), along with Sen. Patty Murray (D-WA), Chair of the Senate Committee on Committee on Health, Education, Labor and Pensions, led over 100 Democrats in the Senate and House in the reintroduction of the Access to Birth Control Act. U.S. Representatives Carolyn B. Maloney (D-N.Y.-12), Robin Kelly (D-Ill.-02), and Katie Porter (D-Calif.-45) led the effort in the House of Representatives.

"I am pleased to join Senators Booker and Murray in introducing this important legislation to ensure women are able to access their contraceptive of choice at the pharmacy of choice without fear of intimidation or harassment," said Sen. Menendez. "This is a critical step forward in making sure we protect a woman's settled right to access full and equitable reproductive care, including birth control."

"Birth control is a vital part of reproductive health care and basic family planning, "said Senator Booker. "At a time when reproductive rights are under increasing attack throughout the country, protecting Americans' access to contraception is more important than ever. The Access to Birth Control Act would ensure that all people not only have autonomy over their health but also have affordable and timely access to birth control."

"Birth control is essential health care--full stop. And it's health care that helps ensure everyone can control their own bodies, lives and futures," said Senator Murray. "With reproductive rights under attack from every angle, we've got to stand up and make clear that no one should be able to come between a patient and the birth control they need--including being turned away at the pharmacy."
According to the National Women's Law Center, pharmacists have refused to fill prescriptions for birth control or provide emergency contraception over the counter to patients in 24 states and the District of Columbia. In addition, the ongoing coronavirus crisis has exacerbated barriers to contraception access, with one in three women experiencing delays in obtaining their birth control during the pandemic.

The Access to Birth Control Act ensures patients seeking FDA-approved contraception, including emergency contraception and medication related to contraception, are able to access it in a timely manner and not be prevented from doing so by pharmacy.

If a contraception medication is out of stock, the bill requires pharmacies to either refer the patient to another pharmacy or order the medication, depending on the patient's preference.
The bill also protects patients from being intimidated, threatened, or harassed by pharmacy employees who personally object to the use of contraception.
In the event that a pharmacy violates one of these requirements, the bill establishes liability for civil penalties for the pharmacy and a private cause of action for patients to seek relief.
The legislation--which has been endorsed by 50 national and local advocacy organizations--would guarantee patients' timely access to birth control at the pharmacy--including by addressing pharmacies' refusals of contraception that prevent patients from obtaining their preferred form of birth control medication.

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