Contraception; provide right to obtain and engage in.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2364

AN ACT TO PROVIDE A RIGHT TO OBTAIN AND TO ENGAGE IN 1
CONTRACEPTION; TO PROVIDE A HEALTH CARE PROVIDER THE RIGHT TO 2
PROVIDE CONTRACEPTIVES, CONTRACEPTION, AND CONTRACEPTION-RELATED 3
INFORMATION; TO PROHIBIT THE STATE, ITS POLITICAL SUBDIVISIONS AND 4
LOCAL GOVERNMENTAL AUTHORITIES FROM INFRINGING UPON THE RIGHT TO 5
CONTRACEPTION; TO PROVIDE FOR ENFORCEMENT OF THIS ACT BY THE 6
ATTORNEY GENERAL; TO AUTHORIZE A PRIVATE CAUSE OF ACTION; AND FOR 7
RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. For the purposes of this act, the following terms 10
have the meaning herein ascribed unless the context clearly 11
requires otherwise: 12
(a) "Contraception" means an action taken to prevent 13
pregnancy, including the use of contraceptives or 14
fertility-awareness-based methods and sterilization procedures. 15
(b) "Contraceptive" means any drug, device, or 16
biological product intended for use in the prevention of 17
pregnancy, whether specifically intended to prevent pregnancy or 18
for other health needs, that is legally marketed under the Federal 19
Food, Drug, and Cosmetic Act, 21 U.S.C.A. §301 et seq., including 20
oral contraceptives, long-acting reversible contraceptives such as 21
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intrauterine devices and hormonal contraceptive implants, 22
emergency contraceptives, internal and external condoms, 23
injectables, vaginal barrier methods, transdermal patches, and 24
vaginal rings. 25
(c) "Health care provider" means that term as defined 26
in Section 41-41-203(j). 27
(d) "Local governmental authority" means a county board 28
of supervisor or a governing authority of a municipality. 29
(e) "Political subdivision" means that term as defined 30
in Section 11-46-1(i). 31
(f) "State" means that term as defined in Section 32
11-46-1(j). 33
SECTION 2. (1) A person shall have the right to obtain 34
contraceptives and to engage in contraception. A health care 35
provider shall have the corresponding right to provide 36
contraceptives, contraception, and contraception-related 37
information. 38
(2) The rights specified in subsection (1) of this section 39
shall not be limited or otherwise infringed upon by any limitation 40
or requirement that both: 41
(a) Expressly, effectively, implicitly, or as 42
implemented solely addresses the provision of contraceptives, 43
contraception, or contraception-related information or health care 44
providers that provide contraceptives, contraception, or 45
contraception-related information; and 46
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(b) Impedes access to contraceptives, contraception, or 47
contraception-related information. 48
(3) To defend against a claim that a limitation or 49
requirement violates a health care provider's or patient's 50
statutory rights under subsection (1) of this section, a party 51
must establish, by clear and convincing evidence, that: 52
(a) The limitation or requirement significantly 53
advances the safety of contraceptives, contraception, and 54
contraception-related information; and 55
(b) The safety of contraceptives, contraception, and 56
contraception-related information or the health of patients cannot 57
be advanced by a less restrictive alternative measure or action. 58
SECTION 3. (1) Neither the state, its political 59
subdivisions nor any local governmental authority may administer, 60
implement, or enforce any law, rule, regulation, standard, or 61
other provision having the force and effect of law in a manner 62
that: 63
(a) Prohibits or restricts the sale, provision, or use 64
of any contraceptives that have been approved by the U.S. Food and 65
Drug Administration for contraceptive purposes. 66
(b) Prohibits or restricts any person from aiding 67
another person in obtaining any contraceptives approved by the 68
U.S. Food and Drug Administration or utilizing any contraceptive 69
methods. 70
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(c) Exempts any contraceptives approved by the U.S. 71
Food and Drug Administration from any other generally applicable 72
law in a way that would make it more difficult to sell, provide, 73
obtain, or use those contraceptives or contraceptive methods. 74
(2) This chapter does not supersede or otherwise affect any 75
provision relating to coverage under group health plans or group 76
or individual health insurance coverage and may not be construed 77
as requiring the provision of specific benefits under these plans 78
or coverage. 79
(3) An individual or entity that is subject to a limitation 80
or requirement that violates this chapter may raise this section 81
as a defense to any cause of action against the individual or 82
entity. 83
(4) This chapter shall apply notwithstanding any other 84
provision of law. 85
SECTION 4. (1) The attorney general may commence a civil 86
action on behalf of the state against any person that violates or 87
enforces a limitation or requirement that violates the provisions 88
of this chapter. 89
(2) Any individual or entity, including any health care 90
provider or patient, adversely affected by an alleged violation of 91
this chapter may commence a civil action against any person that 92
violates or implements or enforces a limitation or requirement 93
that violates this chapter. 94
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ST: Contraception; provide right to obtain and
engage in.
(3) A health care provider may commence an action for relief 95
on the provider's own behalf, on behalf of the provider's staff, 96
and on behalf of the provider's patients who are or may be 97
adversely affected by an alleged violation of this chapter. 98
(4) If a court finds that there has been a violation of this 99
chapter, the court shall hold unlawful and set aside the 100
limitation or requirement. In any action under this act, the 101
court may award appropriate equitable relief, including temporary, 102
preliminary or permanent injunctive relief. 103
SECTION 5. This act shall take effect and be in force from 104
and after July 1, 2026. 105