II 111th CONGRESS 1st Session S. 2904 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.

1.

Short title

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

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. .