Access to Birth Control Act
Summary
The Access to Birth Control Act aims to amend the Public Health Service Act, imposing duties on pharmacies to ensure the provision of FDA-approved contraception and related medications. It seeks to address barriers to accessing birth control, citing findings on family planning's role in healthcare and reproductive autonomy. The bill emphasizes preventing discrimination and ensuring access, particularly in light of reports of pharmacists refusing to fill prescriptions.
Expected Effects
Pharmacies receiving drugs in interstate commerce would be required to provide requested contraceptives without delay. If a requested contraceptive is out of stock, the pharmacy must offer referral or expedited ordering options. The bill also establishes penalties for non-compliance, including civil penalties and a private cause of action for aggrieved individuals.
Potential Benefits
- Increased access to contraception for individuals, promoting reproductive autonomy.
- Reduced unintended pregnancies, potentially leading to better health outcomes for women and children.
- Addresses systemic inequities and discrimination in healthcare access.
- Provides legal recourse for individuals denied contraception due to pharmacy non-compliance.
- Clarifies the duties of pharmacies, ensuring consistent application of the law.
Potential Disadvantages
- Potential conflicts with religious beliefs of some pharmacists or pharmacy employees.
- Increased administrative burden on pharmacies to ensure compliance.
- Possible legal challenges based on religious freedom grounds, despite the bill's attempt to limit the application of the Religious Freedom Restoration Act.
- Civil penalties may disproportionately affect smaller pharmacies.
- The bill's preemption clause may not fully address all state laws or professional obligations.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. It arguably promotes the general welfare (Preamble) by improving healthcare access. However, potential conflicts arise with the First Amendment's guarantee of religious freedom if the bill infringes upon the religious beliefs of pharmacists. The bill attempts to address this by including a provision allowing refusals based on 'professional clinical judgment,' but the scope of this exception may be contested. The Commerce Clause (Article I, Section 8) provides the basis for federal regulation of pharmacies receiving drugs in interstate commerce.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).