118 HR 3471 IH: Access to Safe Contraception Act of 2023 U.S. House of Representatives 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 3471IN THE HOUSE OF REPRESENTATIVESMay 18, 2023Mrs. Bice (for herself, Mrs. Kim of California, Mr. Smucker, Mr. Bacon, Mrs. Miller-Meeks, and Mr. Graves of Louisiana) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo preempt States from establishing, implementing, or enforcing any ban on the prescription, provision, or use of a drug, biological product, or device for contraception if such drug, biological product, or device is approved, licensed, cleared, or otherwise authorized for human use by the Food and Drug Administration for contraception, and for other purposes.

1.

Short title

This Act may be cited as the Access to Safe Contraception Act of 2023.

2.

Preemption of State bans on FDA-approved products for contraception

(a)

Preemption

No State shall establish, implement, or enforce any ban on the prescription, provision, or use of a drug, biological product, or device for contraception if such drug, biological product, or device is approved, licensed, cleared, or otherwise authorized for human use by the Food and Drug Administration for contraception.(b)

Rules of construction

Nothing in subsection (a) shall be construed—(1)to infringe the ability of a State to regulate the practice of medicine and pharmacy within such State;(2)to preempt the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.); or(3)to preempt any State law to the extent such State law protects the right of any entity to opt out of providing contraception if such provision would be contrary to that entity’s religious or moral beliefs.(c)

Definitions

In this section:(1)The term biological product has the meaning given such term in section 351 of the Public Health Service Act (42 U.S.C. 262).(2)The terms device and drug have the meanings given such terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).