S. 2302: Access to Birth Control Act
Sponsor
Cory Booker
Democrat · NJ
Bill Progress
Latest Action · Aug 1, 2025
Updated text version published.
Pharmacies couldn't refuse to fill your birth control
Why it matters
Pharmacist refusals to fill birth control have surfaced in 25 states. S. 2302 would make turning a customer away illegal — backed by fines of up to $1,000 a day and the right to sue.
S. 2302, the Access to Birth Control Act, sets a single rule for pharmacies that stock contraception: if you have a valid prescription, they have to fill it without delay.
If the medication is in stock, the pharmacy can't slow-walk it. If it's out of stock, the pharmacy has to tell you right away, then either transfer your prescription to a pharmacy that has it or place a rush order and let you know when it lands. Pharmacies that don't normally carry contraception at all are exempt.
The bill also draws a hard line around conduct at the counter. Employees couldn't obstruct your request, mislead you about whether a product is available, breach your medical privacy, or refuse to hand back your prescription. A pharmacy could still say no in three situations: there's no valid prescription, you can't pay, or a pharmacist declines for a genuine medical reason.
Sponsors built in enforcement. A pharmacy that violates the rules could owe the federal government up to $1,000 for every day it does so, and anyone denied contraception could sue for damages and attorney's fees. The bill also states that the Religious Freedom Restoration Act can't be used as a defense against a claim under it.
S. 2302 Bill Summary
What S. 2302 actually does.
Pharmacies have to fill your prescription without delay
A pharmacy that stocks contraception must provide an in-stock contraceptive or related medication to any customer with a valid prescription, within its usual timeframe for any other product.
Out-of-stock can't mean out of luck
If a contraceptive isn't in stock, the pharmacy must immediately say so and either transfer the prescription to a pharmacy that has it or place an expedited order and notify the customer when it arrives.
Personal beliefs aren't grounds to refuse
Employees couldn't obstruct a request, misrepresent whether a product is available, breach medical confidentiality, or withhold a valid prescription. A refusal based on a staffer's personal objection wouldn't be allowed.
Religious Freedom Restoration Act can't be a defense
The bill states that pharmacies and pharmacists couldn't invoke the Religious Freedom Restoration Act to refuse contraception or to challenge enforcement of the new rules.
Fines and a right to sue
A pharmacy that breaks the rules could owe the federal government up to $1,000 per day, capped at $100,000 per case. Customers denied contraception could also sue for actual and punitive damages, a court order, and attorney's fees.
Three exceptions where a pharmacy can still say no
A pharmacy can refuse if there's no valid prescription, the customer can't pay, or a pharmacist declines based on professional clinical judgment — a medical reason rather than a personal one.
Who benefits from S. 2302?
Anyone with a birth control prescription
The bill cites CDC figures showing nearly 6 in 10 women ages 15-49 currently use contraception. For all of them, a valid prescription would mean a guaranteed fill — no detours, no lectures.
People in pharmacy deserts
Where a single pharmacy serves a whole area, one refusal can mean a long drive or no birth control at all. The transfer-and-referral rule is built to keep an objecting counter from becoming a dead end.
Patients using contraceptives for other conditions
The bill notes contraceptives are also prescribed for abnormal uterine bleeding, irregular cycles, and endometriosis. Those patients would get the same guaranteed access.
Emergency contraception users
The bill's coverage includes FDA-approved emergency contraception, where a delay of even a day can change the outcome.
Who is affected by S. 2302?
Pharmacies that stock contraception
They'd have to fill, transfer, or expedite every valid request and train staff to comply. Pharmacies that don't ordinarily carry contraception are exempt from the out-of-stock rules.
Pharmacists with religious or moral objections
The bill removes the Religious Freedom Restoration Act as a defense, so an individual objection couldn't override the duty to fill or transfer a prescription. A refusal would have to rest on a medical judgment instead.
States with weaker protections
The bill sets a federal floor. States that already give customers stronger protections keep them; the new rules don't override stricter state law.
S2302 Legislative Journey
Action Taken
Aug 1, 2025
Star Print ordered on the bill.
Committee Action
Jul 16, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
About the Sponsor
Cory Booker
Democrat, NJ · 13 years in Congress
Committees: Small Business and Entrepreneurship, Agriculture, Nutrition, and Forestry, Foreign Relations
View full profile →
Cosponsors (25)
All 25 cosponsors are Democrats. Cosponsors represent 18 states: California, Connecticut, Delaware, and 15 more.
Patty Murray
Democrat · WA
Jeanne Shaheen
Democrat · NH
Tammy Baldwin
Democrat · WI
Timothy Kaine
Democrat · VA
Richard Blumenthal
Democrat · CT
Tammy Duckworth
Democrat · IL
Kirsten Gillibrand
Democrat · NY
Mark Warner
Democrat · VA
Jacky Rosen
Democrat · NV
Sheldon Whitehouse
Democrat · RI
Martin Heinrich
Democrat · NM
Tina Smith
Democrat · MN
Committee Sponsors
Health, Education, Labor, and Pensions Committee
7 of 23 committee members cosponsored
3 Democrats across this committee haven't cosponsored yet. Mobilize their constituents
What laws does S. 2302 change?
1 changes
Sections Amended
Section 1557 of Patient Protection and Affordable Care Act (42 U.S.C. 18116). SEC. 3. DUTIES OF PHARMACIES TO ENSURE PROVISION OF CONTRACEPTION AND MEDICATION RELATED TO CONTRACEPTION. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.)
adding at the end the following: ``SEC
S. 2302 Quick Facts
- Committee
- Health, Education, Labor, and Pensions
- Chamber
- Senate
- Companion
- H.R. 4084
- Policy
- Health
- Introduced
- Jul 16, 2025
Updated text version published.
Aug 1, 2025
Official Sources
The official bill page tracks S. 2302's text, cosponsors, and current status in the Senate.
S. 2302 adds the new pharmacy duties to Part B of title II of the Public Health Service Act, the statute that begins at this section.
S. 2302 was referred to this committee, which holds jurisdiction over the bill's next step.
Source for the contraceptive-use figures the bill's findings rely on, including how widely women of reproductive age use birth control.
Detailed 2022-2023 data behind the bill's claim that a majority of women ages 15-49 currently use a contraceptive method.
The NIH overview of FDA-approved contraceptive methods, the products S. 2302 would require pharmacies to dispense.
Companion Bill in the House
Senate · This Bill
S. 2302
Cory Booker (D)In committee
House · Companion
H.R. 4084
Robin Kelly (D)In committee
All-Democrat support in both chambers — no bipartisan crossover yet.
S. 2302 Common Questions
Which states have reported pharmacists refusing to fill birth control?
The bill's findings list reports of pharmacist refusals in 25 states and Washington, D.C. — among them Alabama, Arizona, California, Georgia, Illinois, Louisiana, Michigan, New York, Ohio, Oklahoma, Texas, and Wisconsin.
How much can a pharmacy be fined for refusing birth control under S. 2302?
Up to $1,000 for every day the violation continues, capped at $100,000 for all violations decided in a single case. That money is owed to the federal government, separate from anything a customer might win in a lawsuit.
Can you sue a pharmacy for denying contraception under S. 2302?
Yes. Anyone denied contraception in violation of the bill could sue the pharmacy in state or federal court for actual damages, punitive damages, a court order, and attorney's fees. The deadline to file is 5 years from the violation.
What happens if your birth control is out of stock?
The pharmacy has to tell you immediately that it's out of stock, then either transfer your prescription to a pharmacy that has it — your choice of location or the nearest one — or place an expedited order and call you when it arrives.
Does S. 2302 cover emergency contraception?
Yes. The bill defines contraception as any drug or device the FDA has approved to prevent pregnancy. That covers emergency contraception, including the over-the-counter options, along with every other FDA-approved method.
Can a pharmacy refuse birth control because of an employee's personal beliefs?
No. The bill would require pharmacies to fill in-stock prescriptions without delay and bars employees from obstructing access, misleading customers about availability, or creating a hostile environment. A staffer's personal objection wouldn't be grounds to refuse.
Are there legal reasons a pharmacy can still refuse contraception?
Yes — three. A pharmacy can still refuse if there's no valid prescription, if the customer can't pay, or if a pharmacist declines based on professional clinical judgment, meaning a medical reason rather than a personal one.
Can a pharmacy use religious freedom law to refuse birth control under S. 2302?
No. The bill specifically states that the Religious Freedom Restoration Act can't be used as a defense against a claim under it. The bill also leaves Civil Rights Act protections for employees untouched.
Based on S. 2302 bill text
S. 2302 Bill Text
“To amend the Public Health Service Act to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception and medication related to contraception, and for other purposes.”
Source: U.S. Government Publishing Office
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