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Guaranteed Access to Birth Control: New Pharmacy Duties and Patient Protection.

This law establishes strict new rules for pharmacies to ensure citizens receive FDA-approved contraception and related medications without delay. Pharmacies cannot refuse available products or obstruct service, and staff are prohibited from harassing or misleading customers. If a product is out of stock, the pharmacy must immediately offer expedited ordering or transfer the prescription to another location.
Key points
Pharmacies must provide in-stock contraceptives immediately upon request and cannot refuse service unless based on valid clinical judgment or legal reasons (e.g., no valid prescription).
If out of stock, the pharmacy must offer to quickly order the product or transfer the prescription to the nearest pharmacy that has it available, without delay.
The law protects customers from harassment, intimidation, intentional misinformation, or breach of confidentiality by pharmacy employees regarding requests for birth control.
Violations can result in civil penalties for the pharmacy and allow aggrieved customers to file a private lawsuit for damages and injunctive relief.
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Additional Information
Access to Birth Control Act
Print number: HR 9104
Sponsor: Rep. Kelly, Robin L. [D-IL-2]
Process start date: 2024-07-23