Here is everything you need to know about birth control laws in California.
Legal Forms of Birth Control in California
Birth control is legal in California. If you plan to have sex and don’t want to get pregnant, your options for birth control include condoms, the pill, the ring, the IUD, the implant, the shot, the patch, and the diaphragm.
Health Insurance and Birth Control
California Insurance Code § 10123.196 and Cal. Health & Safety Code § 1367.25 (1999) requires certain health insurance policies that already cover prescription drugs to provide coverage for prescription contraceptive methods approved by the FDA. So, if you have health insurance, birth control is almost always covered
Even without health insurance, you can still legally access birth control in California.
Related: Women’s Reproductive Rights in California
Getting Birth Control Without a Doctor’s Prescription
In California, you do not have to get a prescription from a doctor to legally access birth control. Any birth control that you can administer yourself such as the pill, patch, or ring, can be directly purchased from a pharmacist. If you want a form of birth control that must be professionally inserted such as an IUD or implant, however, you have to go to a doctor’s office or clinic
Can a Pharmacist Refuse to Give Me Birth Control?
No. Under California Law, pharmacies that stock birth control drugs and devices must give patients timely access to them and cannot turn customers away. It is illegal for a pharmacist to prevent you from obtaining birth control because it conflicts with the pharmacist’s personal beliefs.
How Much Birth Control Can I Get At Once?
In California, you can legally receive up to a 12-month supply of birth control at once, upon request. In addition, Medi-Cal managed care and commercial health plans are legally obligated to cover this much supply.
Birth Control for Minors
There is no age restriction on the administration of birth control. Therefore, it is illegal to turn a minor away from obtaining birth control. Furthermore, pursuant to California Family Code § 6925, a minor may receive birth control without parental consent. The health care provider is not permitted to inform a parent or legal guardian without the minor’s consent.
Religious Employers and Birth Control
While religious individuals such as doctors or pharmacists cannot deny access to birth control based on personal or religious beliefs, religious employers have different legal rights. Religious organizations can request health insurance plans without coverage of approved contraceptive methods. This essentially means that religious employers may be within their legal right to deny coverage of birth control.
Related: Abortion Laws in California
Contact Her Lawyer
If you have more questions about birth control laws or believe your legal rights to birth control were violated, contact us. We’ll get you in touch with the most qualified attorney for your legal matter. Get your free consultation with one of our California Women’s Rights Attorneys today!