[Congressional Record Volume 160, Number 112 (Thursday, July 17, 2014)]
[Senate]
[Page S4622]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BOOKER (for himself, Mr. Blumenthal, Mr. Brown, Mr. 
        Franken, Mr. Whitehouse, Mrs. Feinstein, Mr. Tester, Mr. Wyden, 
        Ms. Warren, Ms. Baldwin, Ms. Hirono, Mr. Menendez, Mrs. 
        Gillibrand, Mrs. Boxer, Mrs. Murray, Mr. Sanders, Mr. Kaine, 
        Mr. Markey, Mr. Begich, Mrs. Shaheen, and Mr. Merkley):
  S. 2625. A bill to establish certain duties for pharmacies to ensure 
provision of Food and Drug Administration-approved contraception, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. BOOKER. Mr. President, I rise today to introduce with nineteen of 
my colleagues the Access to Birth Control Act of 2014, ABC Act, which 
protects an individual's right to birth control by requiring pharmacies 
to fill a valid prescription for birth control in a timely manner.
  Family planning is central to women's basic health care. Studies show 
that 99 percent of women will use contraception at some point in their 
lives. Yet, despite the prevalence of contraceptive use, women in at 
least 24 States across the country have reported incidents where 
pharmacists have refused to fill prescriptions for birth control or 
provide emergency contraception to individuals who do not require a 
prescription. Furthermore, 6 States permit refusals without patient 
protections, such as requirements to refer or transfer prescriptions, 
and 7 States allow refusals but prohibit pharmacists from obstructing 
patient access to medication. It is Unbelievable to me that in 2014 we 
are still debating a woman's right to make responsible and personal 
decisions about her own health.
  Thanks to the Affordable Care Act, insurance plans are required to 
cover preventive services, including birth control without a copay. 
Congress has an obligation to see that the intent of the Affordable 
Care Act to make preventive health care affordable and accessible comes 
to fruition and act to make sure that the pharmacy counter does not 
come between women and timely access to contraception.
  The ABC Act would ensure women's timely access to basic, preventative 
health care and ensures that women of age will not be denied birth 
control or emergency contraception by their pharmacist. The bill 
requires pharmacies to help a woman obtain medication by her preferred 
method if the requested product is not in stock and protects women from 
being intimidated when requesting contraception.
  Denying contraception to women represents an erosion of a woman's 
right to access to contraception and a threat to women's access to 
basic health care. Access is especially important for low-income women 
who may lack the resources to find an alternative pharmacy in the 
appropriate time frame and women living in rural areas who may not have 
multiple pharmacies near them. When women are seeking emergency 
contraception, a pharmacist's denial can be an unsurmountable obstacle 
to access within the limited timeframe.
  Under the ABC Act, if a requested product is not in stock, but the 
pharmacy stocks other forms of contraception, the pharmacy must help 
the woman obtain the medication without delay by the method of her 
preference: order, referral, or a transferred prescription. By placing 
the burden on the pharmacy--not the individual pharmacist--the ABC Act 
strikes a balance between the rights of individual pharmacists who 
might have personal religious objections to contraception and the 
rights of women to receive their validly prescribed medication.
  The idea that women would still have to fight for access to birth 
control is astonishing. It should be clear: personal health care 
decisions should be between women and their doctors. I'm proud to join 
with my colleagues in putting forward this legislation that will 
protect woman's right to access contraception throughout the country. A 
woman's rights must not be dependent on her zip code or State.
  I also want to acknowledge the late Senator Frank R. Lautenberg, who 
introduced a version of this legislation 5 times in the past. I am 
proud to build on Senator Lautenberg's leadership in defending a 
woman's right to make responsible and personal decisions about her own 
health.
  I look forward to working with my colleagues to build support for 
this bill.
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