"Right to Use Contraception Act" - Readable Text 

Many state bills are being modeled on the bipartisan Right to Contraception Act introduced in Congress.  The goal of the bill is to focus on areas where we agree and protect a right nearly all Americans depend on.  The bill is simple with simple definitions.

 

SHORT TITLE. This section shall be known as the “Right to Contraception Act.”

 

Definitions:

 

“Contraception” means an action taken to prevent pregnancy, including the use of contraceptives or fertility-awareness-based methods and sterilization procedures.

 

“Contraceptive” means any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is legally marketed under the federal Food, Drug, and Cosmetic Act.

 

PERMITTED SERVICES. 

 

A person has a statutory right under this section to obtain contraceptives and to engage in contraception, and a health care provider has a corresponding right to provide contraceptives, contraception, and contraception-related information.

 

PROHIBITIONS

 

Neither the state nor any political subdivision of the state may administer or enforce any law or rule in a manner that does any of the following:

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1. Prohibits or restricts the sale, provision, or use of any contraceptives.

 

2. Prohibits or restricts any person from aiding another person in obtaining any contraceptives. 

 

3. Exempts any contraceptives from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive methods.

 

(b) This section does not supersede any provision relating to coverage under group health plans or group or individual health insurance coverage and may not be construed as requiring contraception benefits under these plans or coverage.