Relating to the right to contraception

This bill relates to the right to contraception. The bill provides legislative findings including the recognition by the United States Supreme Court of the right to contraception as a fundamental right. The bill establishes that a person has a statutory right to obtain contraceptives, to engage in contraception, and that a health care provider has a corresponding right to provide contraceptives, contraception, and contraception-related information. Under the bill, these rights may not be limited or otherwise infringed through any limitation or requirement that expressly, effectively, implicitly, or as implemented singles out: the provision of contraceptives, contraception, or contraception-related information; health care providers who provide contraceptives, contraception, or contraception-related information; or facilities in which contraceptives, contraception, or contraception-related information is provided; or that impedes access to contraceptives, contraception, or contraception-related information. The bill provides that a party may defend against a claim that a limitation or requirement violates the rights established under the bill by establishing, by clear and convincing evidence, both that the limitation or requirement significantly advances the safety of contraceptives, contraception, and contraception-related information, and that the safety of contraceptives, contraception, and contraception-related information or the health of patients cannot be advanced by a less restrictive alternative measure or action. The bill specifically provides that neither the state nor any political subdivision of the state shall administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that prohibits or restricts the sale, provision, or use of any contraceptives that have been approved by the United States food and drug administration (FDA) for contraceptive purposes; prohibits or restricts any person from aiding another person in obtaining any contraceptives approved by the FDA or contraceptive methods; or exempts any contraceptives approved by the FDA 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. The bill is to be liberally construed and provides limitations regarding how the bill may be construed. The bill provides that the constitutional protections relating to the right to contraception as a fundamental right shall not be limited statutorily including by the federal Religious Freedom Restoration Act of 1993. The bill authorizes the attorney general on behalf of the state or any person, including any health care provider or patient, to bring a cause of action for a violation of the bill.