S. 2302: Access to Birth Control Act
Sponsor
Cory Booker
Democrat · NJ
Bill Progress
Latest Action · Aug 1, 2025
Updated text version published.
Why it matters
Birth control is under new scrutiny as states and pharmacies limit access.
More Americans are worried about restrictions on contraception following recent court decisions and debates over reproductive rights. This bill, dubbed the Access to Birth Control Act, would require pharmacies to provide all FDA-approved birth control and related medicines to anyone with a valid prescription.
The bill specifically targets pharmacies that refuse to provide contraceptives, ensuring people aren’t denied access for non-medical reasons. Backers cite major health and economic benefits—pointing out how birth control helps people plan their families, careers, and education.
Expect fierce debate. Supporters are framing the measure as a common-sense fix to protect existing rights, while opponents may paint it as overreach into business and religious freedom. With 24 cosponsors, mostly Democrats, the bill reflects ongoing political divides about reproductive health. Still, polling shows the majority of Americans back broad contraceptive access, suggesting the issue won’t fade soon.
What does S. 2302 do?
Pharmacies must provide birth control
All pharmacies would be required to fill valid prescriptions for FDA-approved birth control and related medications without delay.
No non-medical refusals
Pharmacies can't deny or delay birth control based on staff personal beliefs.
Covers all FDA-approved methods
The rule applies to every type of contraception approved by the FDA, ensuring broad access.
Improved reporting
Pharmacies must record and report any instances where contraceptive access is denied or delayed.
Public education push
The bill encourages outreach to educate the public on their rights to contraception at pharmacies.
Who benefits from S. 2302?
Women ages 15-49
Easier, consistent access to affordable birth control across the U.S.
Sexually active adults
Prevents interruptions in birth control, helping with family planning and autonomy.
Low-income individuals
Reduces barriers for those who may face refusals due to location or stigma.
Transgender and non-binary people
Protects access regardless of gender identity or presentation.
Who is affected by S. 2302?
Pharmacies and pharmacy chains
Must ensure staff compliance and may need new policies or training.
Pharmacy staff with religious objections
Could face limits on their ability to refuse to dispense certain medications.
Insured individuals
May experience less variability in contraceptive coverage at the pharmacy counter.
Rural communities
Potentially gains better access where single pharmacies serve large areas.
S. 2302 Common Questions
Which states have reported pharmacists refusing to fill birth control prescriptions?
The bill cites reports from Alabama, Arizona, California, D.C., Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Washington, West Virginia, and Wisconsin under the Access to Birth Control Act (SEC. 2(11)).
How much can a pharmacy be fined for refusing birth control under this bill?
Under the Access to Birth Control Act, a pharmacy could face a civil penalty of up to $1,000 per day of violation, capped at $100,000 in a single proceeding (SEC. 3, new PHSA Sec. 249(f)(1)).
Can someone sue a pharmacy for denying contraception under S2302?
Yes. According to S2302 SEC. 3, an aggrieved person may sue for actual and punitive damages, injunctive relief, and attorney's fees if a pharmacy violates subsection (a) (new PHSA Sec. 249(f)(2)).
What does a pharmacy have to do if birth control is out of stock under the Access to Birth Control Act?
Under the Access to Birth Control Act, the pharmacy must immediately say it's out of stock and, without delay, either transfer or refer the prescription to a pharmacy with stock or expedite an order for the customer (SEC. 3, new PHSA Sec. 249(a)(2)).
Does the Access to Birth Control Act cover emergency contraception and other FDA-approved birth control methods?
Yes. The bill defines contraception as any FDA-approved, cleared, or authorized drug or device to prevent pregnancy, which includes emergency contraception under the Access to Birth Control Act (SEC. 3, new PHSA Sec. 249(g)(1)).
Can a pharmacy refuse birth control because of an employee's personal beliefs under S2302?
No. Under the Access to Birth Control Act, pharmacies must provide in-stock contraception without delay and cannot let employees obstruct access, mislead customers, or create a hostile environment (SEC. 3, new PHSA Sec. 249(a)(1) and (3)).
Are there any legal reasons a pharmacy can still refuse to provide contraception under this bill?
Yes. According to S2302 SEC. 3, refusals are allowed if there is no valid lawful prescription, the customer cannot pay, or the refusal is based on professional clinical judgment (new PHSA Sec. 249(c)).
How long would someone have to file a lawsuit over a birth control denial under this bill?
Under the Access to Birth Control Act, a civil action must be brought within 5 years of the alleged violation (SEC. 3, new PHSA Sec. 249(f)(3)).
Based on S. 2302 bill text
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
Constituent Resources
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 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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