Section 1 Short title
This Act may be cited as the “Access to Safe Contraception Act of 2023”.
Access to Safe Contraception Act of 2023
A BILL
To 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.
Sec. 2 Preemption of State bans on FDA-approved products for contraception
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.
Rules of construction— Nothing in subsection (a) shall be construed—
to infringe the ability of a State to regulate the practice of medicine and pharmacy within such State;
to preempt the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.); or
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.
Definitions— In this section:
The term biological product has the meaning given such term in section 351 of the Public Health Service Act (42 U.S.C. 262).
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).