Lawmakers introduce bill to protect birth control access for women at pharmacies

The Access to Birth Control Act would guarantee timely access to birth control at pharmacies nationwide.

The bill comes two years after it was leaked that the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization would overturn Roe v. Wade, which opened the floodgates for draconian restrictions on reproductive freedom across America.

U.S. Sens. Mark R. Warner and Tim Kaine, a member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, both of Virginia, joined U.S. Sens. Cory Booker of New Jersey and Patty Murray of Washington in introducing the legislation this week.

“Birth control is an essential part of health care for so many women,” Warner said. “As the Supreme Court and states across the nation continue to roll back essential protections for reproductive care, I’m proud to be standing up to protect access to contraception. The Access to Birth Control Act will take critical steps forward to make sure that patients can always access contraception without delay, harassment, or intimidation.” 

The Access to Birth Control Act would ensure that patients have access to contraception at the pharmacy without delay and that pharmacies do not operate an environment where patients are intimidated, threatened or harassed when seeking access to contraception or medication related to contraception. If a pharmacy violates one of the requirements, the bill establishes liability for civil penalties for the pharmacy and a private cause of action for patients to seek relief.

“Every woman should have the freedom to make her own health care decisions — including those regarding birth control — without delay or interference by the government,” Kaine said. “With women’s reproductive rights under threat across the country, I will continue to push for legislation like the Access to Birth Control Act and my Reproductive Freedom for All Act to protect access to contraception.”

Warner and Kaine are active supporters of reproductive freedom and access to health care. Following the Dobbs v. Jackson Women’s Health Organization Supreme Court ruling, Kaine introduced the bipartisan Reproductive Freedom for All Act, legislation that would enact the essential holdings of Roe v. Wade to protect abortion rights and contraception access. Last year, Warner and Kaine also introduced the Right to Contraception Act, legislation to enshrine the right to contraception into federal law.   

The Access to Birth Control Act is endorsed by more than 30 organizations, which are listed here.