[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2904 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2904

      To amend title 10, United States Code, to require emergency 
  contraception to be available at all military health care treatment 
                              facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 17, 2009

  Mr. Franken (for himself, Ms. Snowe, Mr. Kerry, Mr. Lautenberg, Mr. 
 Feingold, Mr. Menendez, Mr. Durbin, Mrs. Gillibrand, Mrs. Feinstein, 
Mrs. Boxer, Mrs. McCaskill, Mr. Harkin, and Mr. Schumer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
      To amend title 10, United States Code, to require emergency 
  contraception to be available at all military health care treatment 
                              facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compassionate Care for Servicewomen 
Act''.

SEC. 2. REQUIREMENT TO MAKE AVAILABLE EMERGENCY CONTRACEPTION AT ALL 
              MILITARY HEALTH CARE TREATMENT FACILITIES.

    Section 1074g(a) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(9)(A) Emergency contraception in drug form shall be included on 
the basic core formulary of the uniform formulary, notwithstanding any 
provision of law or regulation requiring that only drugs ordered or 
prescribed by a physician (or other authorized provider) may be 
included in the uniform formulary. Emergency contraception in other 
than drug form may also be included on the basic core formulary, 
notwithstanding any such provision.
    ``(B) Nothing in subparagraph (A) may be construed to require 
emergency contraception to be covered under the pharmacy benefits 
program.
    ``(C) Notwithstanding paragraph (4), prior authorization shall not 
be required for emergency contraception. Nothing in the preceding 
sentence may be construed as waiving any provision of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or any other provision 
of law administered by the Food and Drug Administration, including 
rules and orders of such Administration in effect at any time under 
such Act or other provisions of law.
    ``(D) In this paragraph, the term `emergency contraception' means a 
drug, drug regimen, or device that is--
            ``(i) approved by the Food and Drug Administration to 
        prevent pregnancy; and
            ``(ii) used postcoitally.''.
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