I
117th CONGRESS
2d Session
H. R. 8421
IN THE HOUSE OF REPRESENTATIVES
July 19, 2022
Mrs. Bice of Oklahoma (for herself, Ms. Stefanik, Mr. Curtis, Mr. Lamborn, Mr. Carter of Georgia, Mr. Barr, Mr. Hill, Mr. Issa, Mrs. Miller-Meeks, Mr. Bacon, Mr. Cole, Mrs. Rodgers of Washington, and Ms. Letlow) 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.
Short title
This Act may be cited as the Access to Safe Contraception Act of 2022
.
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).