California Reaffirms Individuals' Right to Contraceptive Care

SACRAMENTO – Today, California Attorney General Rob Bonta, Governor Gavin Newsom, California State Board of Pharmacy President Seung Oh, and California Department of Managed Health Care Director Mary Watanabe are taking action to ensure that all Californians are informed of their right to access contraception. The statewide efforts include reminders to pharmacists, major pharmaceutical companies, health plans, and Californians, that current California law requires contraception access, including for minors. 

“As we continue to face unprecedented attacks to reproductive freedom nationwide, we must double down on our commitment to protect the fundamental rights of all Californians,” said Attorney General Rob Bonta. “Together, our statewide efforts emphasize the right given to every young person to access timely emergency contraception without any barriers. At the California Department of Justice, we remain unwavering in our commitment that our state continues to be a safe haven for all individuals seeking reproductive healthcare services and medication.”

“While some states are seeking to ban emergency contraception, California is proud to provide comprehensive protections and expand access to all forms of reproductive health care,” said Governor Gavin Newsom. "We are making sure health care providers are following the law and that Californians know their rights when it comes to contraception and reproductive health care.”

“Pharmacies are lifelines to the health and well-being of all Californians,” said Board of Pharmacy President Seung Oh. “The launch of today’s education campaign reinforces the important role pharmacies play to ensure all Californians – including minors – have access to contraception.”

“Health plans regulated by the DMHC must provide coverage of over-the-counter contraceptives approved by the Food and Drug Administration at no additional cost to members,” said California Department of Managed Health Care (DMHC) Director Mary Watanabe. “This expansion of coverage will without a doubt provide more equitable access to reproductive health care by removing barriers such as cost.”

A recent report, authored by the UCLA School of Law Center for Reproductive Health, Law, and Policy, revealed that a significant percentage of California pharmacies either required parental consent or entirely withheld emergency contraception from minors – a clear violation of California’s law. Only 50% of the community pharmacies surveyed reported that teens could purchase emergency contraception over-the-counter. Another report by the same Center recommended raising awareness among pharmacists of hormonal contraception options.

Across our country, we have seen unprecedented attacks to reproductive healthcare. Today’s statewide efforts build on the State’s clear commitment to expanding access to sexual and reproductive healthcare, including emergency contraception. Today, California issued:

• A letter to the corporate offices of the major pharmacy chains reminding them that emergency contraception does not require a prescription or parental consent. 
• A consumer alert informing minors of their ability to access emergency contraception without a prescription or parental consent.
• An alert to all California pharmacies reminding them of their obligation under California law to provide minors access to emergency contraception.
• An alert to all Board of Pharmacy licensees reminding licensees of their obligations under state law.
• An All-Plan letter reminding commercial health plans regulated by DMHC of their legal obligation to cover over-the-counter FDA-approved contraceptives with no cost-sharing to members.

From joining forces with states across the nation on briefs in the Fifth Circuit appeals court and the U.S. Supreme Court to reminding Californians of the laws that protect their access to medication abortion and other reproductive care, Attorney General Bonta is unwavering in his commitment to support, expand, and protect reproductive freedoms. He also led nationwide fights to push for increased access to birth control coverage, protect Americans’ access to abortions during life-threatening medical emergencies, and support stronger protections for reproductive health data privacy.