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HB642 INTRODUCED
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HB642
ARBP47Q-1
By Representatives Lands, Daniels, Rafferty
RFD: Health
First Read: 19-Mar-26
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ARBP47Q-1 03/17/2026 JC (L)lg 2025-1825
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First Read: 19-Mar-26
SYNOPSIS:
Under existing Alabama law, there is no explicit
recognition of the right to distribute and use
contraceptives or to use assisted reproductive
technologies such as in vitro fertilization.
This bill would recognize that individuals have
the right to engage in contraception and use assisted
reproductive treatments, and that health care providers
have the right to provide these services and related
information about their use.
This bill would further provide for enforcement
of these rights by permitting the Attorney General,
health care providers, and individuals to bring a civil
suit to enjoin the enforcement of any law, rule, or
policy that prohibits or interferes with the
distribution and use of contraceptives or the provision
of assisted reproductive treatments.
A BILL
TO BE ENTITLED
AN ACT
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Relating to human reproduction; to provide that
individuals have the right to use contraception and assisted
reproductive technologies, and that health care providers have
the right to administer the same; to prohibit the state and
political subdivisions from enforcing any law that would
interfere with contraception or assisted reproduction
treatment; and to further provide for a civil cause of action
by the Attorney General, health care providers, and consumers
to enforce this act.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known as the "Alabama
Family Planning Act."
Section 2. For the purposes of this act, the following
terms have the following meanings:
(1) ASSISTED REPRODUCTIVE TREATMENT. The term includes:
a. As defined by the American Society of Reproductive
Medicine, any treatment that includes the handling of eggs or
embryos with the intent of establishing pregnancy, including,
but not limited to, in vitro fertilization, gamete
intrafallopian transfer, pronuclear stage tubal transfer,
tubal embryo transfer, and zygote intrafallopian transfer.
b. A medically assisted reproduction to treat different
forms of fertility impairment or fertility, which may include
ovulation induction, ovarian stimulation, ovulation
triggering, uterine transplantation, or intrauterine,
intra-cervical, or intra-vaginal insemination.
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intra-cervical, or intra-vaginal insemination.
(2) CONTRACEPTION. The use of a contraceptive.
(3) CONTRACEPTIVE. Any drug, device, biological
product, or method that is intended for use in the prevention
of pregnancy, whether specifically intended to prevent
pregnancy or for other health needs, and that is legally
marketed under the federal Food, Drug, and Cosmetic Act,
including, but not limited to, the following:
a. Oral contraceptives.
b. Intrauterine devices.
c. Hormonal implants and injectables.
d. Emergency contraceptives.
e. Internal and external condoms.
f. Vaginal barrier methods.
g. Transdermal patches.
h. Vaginal rings.
(4) HEALTH CARE PROVIDER. A person engaged in providing
health care which dispenses legally marketed contraceptives or
provides assisted reproductive treatment to individuals. The
term includes:
a. A physician, physician assistant, certified nurse
practitioner, midwife, or a pharmacist licensed pursuant to
Title 34, Code of Alabama 1975;
b. A hospital, clinic, emergency center, reproductive
health service, or other health care institution or service
licensed pursuant to Title 22, Code of Alabama 1975; or
c. A pharmacy.
d. Any individual who acts under the direction of any
individual, institution, or service listed in paragraphs a.
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individual, institution, or service listed in paragraphs a.
through c.
Section 3. (a) An individual who resides in the State
of Alabama shall have the right to obtain contraceptives and
to engage in contraception. A health care provider shall have
the right to dispense contraceptives and provide information
about contraception.
(b) An individual who resides in the State of Alabama
shall have the right to use available assisted reproductive
treatment and make all decisions regarding the custody and
control of their eggs, sperm, and embryos resulting from the
assisted reproductive treatment, including, but not limited
to, the ability to transfer rights concerning embryos to
another individual or entity. A health care provider shall
have the right to provide assisted reproductive treatment and
distribute information about assisted reproductive treatment.
(c) The rights recognized in this section may not be
infringed upon by any law, rule, or policy that expressly
limits, delays, or impedes access to contraceptives or
assisted reproductive treatment or information about
contraception or assisted reproductive treatment.
Section 4. (a) The state, any department, agency, or
instrumentality of the same, or any political subdivision of
the state, may not implement, administer, or enforce any law,
rule, or policy that has the effect of any of the following:
(1) Prohibiting or restricting the sale, provision, or
use of any contraceptive that has been approved by the U.S.
Food and Drug Administration for contraception.
(2) Prohibiting or restricting any health care provider
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(2) Prohibiting or restricting any health care provider
from aiding an individual in obtaining or using any
contraceptive approved by the U.S. Food and Drug
Administration.
(3) Prohibiting or restricting the sale, provision, or
use of any drug or therapy that has been approved by the U.S.
Food and Drug Administration for use in assisted reproductive
treatment.
(4) Prohibiting or restricting any health care provider
from providing assisted reproductive treatment or information
about assisted reproductive treatment.
(b) Any individual or entity that is subject to a law,
rule, or policy that violates this act may assert this section
as a defense in any action to enforce the law, rule, or policy
against the individual or entity.
Section 5. (a) The Attorney General may commence a
civil action in the circuit court for injunctive relief
against any person that implements, administers, or enforces
any law, rule, or policy that violates, or that has the effect
of violating, this act.
(b)(1) Any health care provider or individual adversely
affected by a violation of this act may commence a civil
action in circuit court for injunctive relief against any
person that implements, administers, or enforces any law,
rule, or policy that violates, or that has the effect of
violating, this act.
(2) A health care provider may commence a civil action
on the health care provider's behalf, or on behalf of the
health care provider's patients, clients, or patrons who are
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health care provider's patients, clients, or patrons who are
or who may be adversely affected by a violation of this act.
(c)(1) In any action commenced under this section, a
party alleged to implement, administer, or enforce a law,
rule, or policy in violation of this act may assert one of the
following defenses:
a. The law, rule, or policy significantly advances the
safety of contraceptives, assisted reproductive treatments, or
the quality of information about the same, or the health of
users, in a way that cannot be advanced by an alternative
measure or action that is less restrictive.
b. The law, rule, or policy that is being applied to a
contraceptive or assisted reproductive treatment is also being
applied to other medically similar drugs, devices, treatments,
therapies, biological products, or methods.
(2) A defense asserted under subdivision (1) must be
established by clear and convincing evidence in order to bar a
a claim brought under this section.
Section 6. This act shall become effective on October
1, 2026.
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