Access to Birth Control Act

Ensuring Access to Medication: If a customer requests a contraceptive or related medication that is currently in stock, the pharmacy must provide it without delay (Section 3, subsection a, clause 1).

Assistance with Out-of-Stock Items: If a pharmacy stocks contraception but does not have the specific item requested, they must offer to locate a pharmacy of the customer's choice or order the item through expedited procedures (Section 3, subsection a, clause 2).

Protection from Harassment and Obstruction: The bill mandates that pharmacies do not operate environments where customers are intimidated, threatened, or harassed, and ensures employees do not obstruct the delivery of services (Section 3, subsection a, clause 3, subclauses A and B).

Preservation of Privacy: The pharmacy is prohibited from having employees who breach or threaten to breach medical confidentiality regarding a request for contraception (Section 3, subsection a, clause 3, subclause D).

Right to Return Prescriptions: Employees are prohibited from refusing to return a valid, lawful prescription for contraception or related medication upon the customer's request (Section 3, subsection a, clause 3, subclause E).

Legal Recourse for Violations: Individuals who are aggrieved by a pharmacy's violation of these requirements can file a civil action to seek relief, including actual and punitive damages (Section 3, subsection f, clause 2).

Financial Liability for Pharmacies: Pharmacies that violate these requirements may be liable for civil penalties up to $1,000 per day of violation, with a cap of $100,000 for all violations in a single proceeding (Section 3, subsection f, clause 1).

Legal Risks from Private Lawsuits: Any aggrieved person can commence a civil action against a pharmacy in a court of competent jurisdiction, which includes the potential for paying attorney's fees and costs (Section 3, subsection f, clause 2).