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SB51
AR8KG7S-1
By Senator Coleman
RFD: Judiciary
First Read: 13-Jan-26
PFD: 09-Jan-26
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AR8KG7S-1 01/08/2026 JC (L)lg 2026-111
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PFD: 09-Jan-26
SYNOPSIS:
Under existing Alabama law, there is no explicit
recognition of the right to distribute and use
contraceptives.
This bill would recognize that individuals have
the right to engage in contraception and that health
care providers have the right to both dispense
contraceptive devices and provide 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. This bill would
also provide for defenses to those claims.
A BILL
TO BE ENTITLED
AN ACT
Relating to contraception; to provide that individuals
have the right to use contraception and that health care
providers have the right to dispense contraceptive devices
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providers have the right to dispense contraceptive devices
that have been approved by the federal Food and Drug
Administration; to prohibit the state and political
subdivisions from enforcing any law that would interfere with
the distribution and use of contraceptives; 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. For the purposes of this act, the following
terms have the following meanings:
(1) CONTRACEPTION. Any action taken to prevent
pregnancy, including the use of contraceptives or
sterilization procedures.
(2) 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, that is legally marketed
under the federal Food, Drug, and Cosmetic Act, including oral
contraceptives, long-acting reversible contraceptives such as
intrauterine devices and hormonal contraceptive implants,
emergency contraceptives, internal and external condoms,
injectables, vaginal barrier methods, transdermal patches, and
vaginal rings.
(3) HEALTH CARE PROVIDER. A person engaged in providing
health care which dispenses legally marketed contraceptives to
individuals. The term includes:
a. A physician, physician assistant, certified nurse
practitioner, or a pharmacist licensed pursuant to Title 34,
Code of Alabama 1975.
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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 a
pharmacy.
Section 2. (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) The rights provided for in subsection (a) may not
be infringed upon by any law, rule, or policy that expressly
limits, delays, or impedes access to contraceptives or
information about contraception.
Section 3. (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
from aiding an individual in obtaining or using any
contraceptive approved by the U.S. Food and Drug
Administration.
(3) Exempting any contraceptive approved by the U.S.
Food and Drug Administration from any other generally
applicable law in a way that would make it more difficult to
sell, dispense, obtain, or use the contraceptive.
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sell, dispense, obtain, or use the contraceptive.
(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 4. (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 or customers 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, contraception, the quality of
information about contraceptives, or the health of users in a
way that cannot be advanced by an alternative measure or
action that is less restrictive.
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action that is less restrictive.
b. The law, rule, or policy that is being applied to a
contraceptive or contraception is also being applied to other
medically similar drugs, devices, biological products, or
methods.
(2) A defense asserted under subdivision (1) must be
established by clear and convincing evidence in order to bar a
claim brought under this section.
Section 5. This act shall become effective on October
1, 2026.
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