This bill would allow contraceptives that are intended for routine use and have been proven safe to be purchased over-the-counter without a prescription by adults age 18 and older. Current law requires that such contraceptives be provided only with a doctor’s prescription.
It would incentivize contraceptive manufacturers to file an application with the Food and Drug Administration (FDA) for a prescription-to-over-the-counter switch (Rx-to-OTC switch) in two ways:
Consumers of contraceptives would be able to use funds from health savings accounts (HSAs), medical savings accounts (MSAs), and flexible savings accounts (FSAs) in order to purchase OTC drugs without a prescription. This would be accomplished by repealing the Affordable Care Act’s (ACA) prohibition on using funds from such accounts to buy OTC drugs without a prescription.
Contraceptive Rx-to-OTC switch applications would be allowed to proceed under priority review by the FDA.
Filing fees normally required by the FDA would be waived for contraceptive Rx-to-OTC switch applications.
The ACA’s annual limits on FSA contributions would also be repealed, so consumers could save as much money in their FSAs as they’d like to then spend on contraceptives.