NJ Lawmakers Help Lead Charge For ‘Access to Birth Control Act’

NEW JERSEY — A federal bill that would protect women’s access to birth control at pharmacies is getting a big push from several New Jersey lawmakers.

On Wednesday, Cory Booker, a Newark resident, reintroduced the Access to Birth Control Act in the U.S. Senate. The legislation – which has been endorsed by 50 advocacy groups – would guarantee patients “timely access to birth control” at their local pharmacy.

Here’s what pharmacies would be required to do if the bill becomes law:

• 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

Why is the bill needed? Here’s what Booker said:

“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.”

Co-sponsors include New Jersey’s other U.S. senator, Robert Menendez, as well as Elizabeth Warren of Massachusetts, Amy Klobuchar of Minnesota and Kirsten Gillibrand of New York.

A companion bill has been reintroduced in the House of Representatives. New Jersey co-sponsors include Donald Payne Jr., Albio Sires and Bonnie Watson Coleman.

“Birth control is a vital part of reproductive health care and basic family planning,” Booker said. “At a time when reproductive rights are under increasing attack throughout the country, protecting Americans' access to contraception is more important than ever.”

“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,” Menendez agreed.

“Birth control is essential health care — full stop,” said Sen. Patty Murray of Washington, who serves as the chair of the Senate Committee on Committee on Health, Education, Labor and Pensions.

“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,” Murray said.

Advocates who support the bill include:

Jamie Manson, president of Catholics for Choice – “Birth control is a lifeline used at some point by 98% of U.S. Catholics to plan and support their families, manage health conditions, and achieve their educational and employment goals. It is dangerous and wrong for a pharmacist to refuse essential care based on their personal religious beliefs, because refusal compromises a patient’s health, economic security, and moral autonomy – all of which our Catholic social justice values compel us to protect. Catholics for Choice is proud to support the Access to Birth Control Act to ensure that people can get the care they need without delay, following their own individual consciences without obstruction or coercion.”

Fatima Goss Graves, president and CEO of National Women’s Law Center – “People’s access to birth control should never be restricted by a pharmacy employee’s personal beliefs. We’re glad to support this bill that will make sure everyone can leave a pharmacy with the birth control they need, without discrimination, harassment, or delay. At a time when extremist politicians are trying every way possible to take away our reproductive health care, it’s urgent to secure federal protections like the ABC Act.”

Joia Crear-Perry, founder and president of the National Birth Equity Collaborative – “Contraception is a protected fundamental right and access to contraception is necessary for people to make and exercise decisions about whether and when to become pregnant. The Access to Birth Control Act will especially aid in closing the disparities gap for women of color who historically have faced challenges accessing contraception and medication due to systemic racism. Establishing certain duties for pharmacies to ensure safe and equal access to contraception is a critical step in protecting women's sexual reproductive health and wellbeing.”

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