Access to Safe Contraception Act of 2023

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3471 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3471

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2023

Mrs. Bice (for herself, Mrs. Kim of California, Mr. Smucker, Mr. Bacon, 
    Mrs. Miller-Meeks, and Mr. Graves of Louisiana) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to Safe Contraception Act of 
2023''.

SEC. 2. PREEMPTION OF STATE BANS ON FDA-APPROVED PRODUCTS FOR 
              CONTRACEPTION.

    (a) 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.
    (b) Rules of Construction.--Nothing in subsection (a) shall be 
construed--
            (1) to infringe the ability of a State to regulate the 
        practice of medicine and pharmacy within such State;
            (2) to preempt the Religious Freedom Restoration Act of 
        1993 (42 U.S.C. 2000bb et seq.); or
            (3) 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.
    (c) Definitions.--In this section:
            (1) The term ``biological product'' has the meaning given 
        such term in section 351 of the Public Health Service Act (42 
        U.S.C. 262).
            (2) 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).
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