Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
I
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 fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce
A BILL
To preempt States from establishing, implementing, or en-
forcing 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 Representa-
1
tives of the United States of America in Congress assembled,
2
VerDate Sep 11 2014
05:07 Jun 03, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 3471 IH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Access to Safe Contra-
2
ception Act of 2023’’.
3
SEC. 2. PREEMPTION OF STATE BANS ON FDA-APPROVED
4
PRODUCTS FOR CONTRACEPTION.
5
(a) PREEMPTION.—No State shall establish, imple-
6
ment, or enforce any ban on the prescription, provision,
7
or use of a drug, biological product, or device for contra-
8
ception if such drug, biological product, or device is ap-
9
proved, licensed, cleared, or otherwise authorized for
10
human use by the Food and Drug Administration for con-
11
traception.
12
(b) RULES
OF CONSTRUCTION.—Nothing in sub-
13
section (a) shall be construed—
14
(1) to infringe the ability of a State to regulate
15
the practice of medicine and pharmacy within such
16
State;
17
(2) to preempt the Religious Freedom Restora-
18
tion Act of 1993 (42 U.S.C. 2000bb et seq.); or
19
(3) to preempt any State law to the extent such
20
State law protects the right of any entity to opt out
21
of providing contraception if such provision would be
22
contrary to that entity’s religious or moral beliefs.
23
(c) DEFINITIONS.—In this section:
24
VerDate Sep 11 2014
05:07 Jun 03, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3471.IH
H3471
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 3471 IH
(1) The term ‘‘biological product’’ has the
1
meaning given such term in section 351 of the Pub-
2
lic Health Service Act (42 U.S.C. 262).
3
(2) The terms ‘‘device’’ and ‘‘drug’’ have the
4
meanings given such terms in section 201 of the
5
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
6
321).
7
Æ
VerDate Sep 11 2014
05:07 Jun 03, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H3471.IH
H3471
kjohnson on DSK79L0C42PROD with BILLS