S.F. 2057 Section 1. LEGISLATIVE FINDINGS. The general assembly 1 finds all of the following: 2 1. The right to contraception is a fundamental right, 3 central to a person’s privacy, health, well-being, dignity, 4 liberty, equality, and ability to participate in the social and 5 economic life of the state. 6 2. The United States supreme court has repeatedly 7 recognized the constitutional right to contraception. 8 a. In Griswold v. Connecticut, 381 U.S. 479 (1965), the 9 United States supreme court first recognized the constitutional 10 right for married people to use contraceptives. 11 b. In Eisenstadt v. Baird, 405 U.S. 438 (1972), the United 12 States supreme court confirmed the constitutional right of all 13 people to legally access contraceptives regardless of marital 14 status. 15 c. In Carey v. Population Services International, 431 16 U.S. 678 (1977), the United States supreme court affirmed the 17 constitutional right to contraceptives for minors. 18 3. The right to contraceptives is protected under the 19 Iowa Constitution by Article I, section 1, as well as under 20 the United States Constitution right to privacy as determined 21 by Griswold v. Connecticut, 381 U.S. 479 (1965), and the due 22 process clause as determined in Lawrence v. Texas, 539 U.S. 23 558, 573-74 (2003). 24 4. The right to contraception has been repeatedly 25 recognized internationally as a human right. 26 a. The United Nations population fund has published several 27 reports outlining family planning as a basic human right that 28 advances women’s health, economic empowerment, and equality. 29 b. Access to contraceptives is internationally recognized 30 by the world health organization as advancing other human 31 rights such as the right to life, liberty, expression, health, 32 work, and education. 33 5. Contraception is safe, essential health care, and access 34 to contraceptive products and services is central to a person’s 35 -1- LSB 5728XS (3) 91 ak/ko 1/ 8

S.F. 2057 ability to participate equally in economic and social life. 1 6. Contraception allows a person to make decisions about 2 their families and their lives. 3 7. Contraception is key to sexual and reproductive health. 4 8. Contraception is critical to preventing unintended 5 pregnancy, and many contraceptives are highly effective in 6 preventing and treating a wide array of often severe medical 7 conditions and in decreasing the risk of certain cancers. 8 9. Family planning improves health outcomes for women, 9 their families, and their communities and reduces rates of 10 maternal and infant mortality and morbidity. 11 10. The United States has a long history of reproductive 12 coercion, including the childbearing forced upon enslaved 13 women, as well as the forced sterilization of African American 14 women, Puerto Rican women, indigenous women, immigrant 15 women, and women with disabilities, and reproductive coercion 16 continues to occur. 17 11. The right to make personal decisions about 18 contraceptive use is important for all people, and is 19 especially critical for people who are part of historically 20 marginalized groups and people living in rural and underserved 21 areas. Many people who are part of historically marginalized 22 groups face barriers, exacerbated by social, political, 23 economic, and environmental inequities, to comprehensive health 24 care, including reproductive health care, that reduce their 25 ability to make decisions about their health, families, and 26 lives. For the purposes of this subsection, “historically 27 marginalized groups” means groups of people that have been 28 excluded, oppressed, or disadvantaged due to factors including 29 but not limited to race, ethnicity, sex, gender identity, 30 socioeconomic status, disability, and sexual orientation. 31 12. Policies governing pharmaceutical and insurance 32 policies affect the accessibility of contraceptives and the 33 settings in which contraception services are delivered. 34 13. Despite the clearly established constitutional right to 35 -2- LSB 5728XS (3) 91 ak/ko 2/ 8

S.F. 2057 contraception, access to contraceptives, including emergency 1 contraceptives and long-acting reversible contraceptives, has 2 been obstructed in various ways. 3 14. The refusals of providers to offer contraceptives 4 and contraception-related information on the basis of the 5 providers’ own personal beliefs impede patients from obtaining 6 their preferred method. 7 15. States have attempted to define abortion expansively in 8 order to include contraceptives in state bans on abortion and 9 have also restricted access to emergency contraception. 10 16. In June 2022, Justice Thomas, in his concurring 11 opinion in Dobbs v. Jackson Women’s Health Organization, 597 12 U.S. 215 (2022), stated that the United States supreme court 13 “should reconsider all of this Court’s substantive due process 14 precedents, including Griswold, Lawrence, and Obergefell” and 15 that the court has “a duty to correct the error established in 16 those precedents” by overruling them. 17 17. To further public health and to combat efforts to 18 restrict access to reproductive health care, action is 19 necessary to protect access to contraceptives, contraception, 20 and contraception-related information for everyone, regardless 21 of actual or perceived race; ethnicity; sex, including gender 22 identity and sexual orientation; income; disability; national 23 origin; immigration status; or geographic location. 24 Sec. 2. NEW SECTION . 135S.1 Short title. 25 This chapter shall be known and may be cited as the “Right to 26 Contraception Act”. 27 Sec. 3. NEW SECTION . 135S.2 Definitions. 28 As used in this chapter, unless the context otherwise 29 requires: 30 1. “Contraception” means an action taken to prevent 31 pregnancy, including the use of contraceptives or 32 fertility-awareness-based methods and sterilization procedures. 33 2. “Contraceptive” means any drug, device, or biological 34 product intended for use in the prevention of pregnancy, 35 -3- LSB 5728XS (3) 91 ak/ko 3/ 8

S.F. 2057 whether specifically intended to prevent pregnancy or for 1 other health needs, that is legally marketed under the Federal 2 Food, Drug, and Cosmetic Act, such as oral contraceptives, 3 long-acting reversible contraceptives including intrauterine 4 devices, emergency contraceptives, internal and external 5 condoms, injectables, vaginal barrier methods, transdermal 6 patches, vaginal rings, and other contraceptives. 7 3. “Health care provider” means the same as defined in 8 section 135P.1. 9 4. “Political subdivision” means a city, county, township, 10 village, or school district. 11 Sec. 4. NEW SECTION . 135S.3 Statutory right —— limitations 12 or requirements. 13 1. A person has a statutory right under this chapter to 14 obtain contraceptives and to engage in contraception, and a 15 health care provider has a corresponding right to provide 16 contraceptives, contraception, and contraception-related 17 information. 18 2. The statutory rights specified in subsection 1 shall not 19 be limited or otherwise infringed through any limitation or 20 requirement that does any of the following: 21 a. Expressly, effectively, implicitly, or as implemented 22 singles out: 23 (1) The provision of contraceptives, contraception, or 24 contraception-related information. 25 (2) Health care providers who provide contraceptives, 26 contraception, or contraception-related information. 27 (3) Facilities in which contraceptives, contraception, or 28 contraception-related information is provided. 29 b. Impedes access to contraceptives, contraception, or 30 contraception-related information. 31 3. To defend against a claim that a limitation or 32 requirement violates a health care provider’s or patient’s 33 statutory rights under subsection 2, a party must establish, by 34 clear and convincing evidence, all of the following: 35 -4- LSB 5728XS (3) 91 ak/ko 4/ 8

S.F. 2057 a. The limitation or requirement significantly 1 advances the safety of contraceptives, contraception, and 2 contraception-related information. 3 b. The safety of contraceptives, contraception, and 4 contraception-related information or the health of patients 5 cannot be advanced by a less restrictive alternative measure 6 or action. 7 Sec. 5. NEW SECTION . 135S.4 Applicability. 8 1. The state and any political subdivision of the state 9 shall not administer, implement, or enforce any law, rule, 10 regulation, standard, or other provision having the force and 11 effect of law in a manner that does any of the following: 12 a. Prohibits or restricts the sale, provision, or use of 13 any contraceptives that have been approved by the United States 14 food and drug administration for contraceptive purposes. 15 b. Prohibits or restricts any person from aiding another 16 person in obtaining any contraceptives approved by the United 17 States food and drug administration for contraceptive methods. 18 c. Exempts any contraceptives approved by the United 19 States food and drug administration from any other generally 20 applicable law in a way that would make it more difficult 21 to sell, provide, obtain, or use those contraceptives or 22 contraceptive methods. 23 2. This section does not supersede or otherwise affect any 24 provision relating to coverage under group health plans or 25 group or individual health insurance coverage and may not be 26 construed as requiring the provision of specific benefits under 27 those plans or coverage. 28 3. A person who is subject to a limitation or requirement 29 that violates this chapter may raise this section as a defense 30 to any cause of action against the person. 31 Sec. 6. NEW SECTION . 135S.5 Construction. 32 1. This chapter shall be liberally construed to effectuate 33 its purposes. 34 2. This chapter shall not be construed to do any of the 35 -5- LSB 5728XS (3) 91 ak/ko 5/ 8

S.F. 2057 following: 1 a. Authorize any government or political subdivision to 2 interfere with a health care provider’s ability to provide 3 contraceptives or contraception-related information or a 4 person’s ability to obtain contraceptives or to engage in 5 contraception. 6 b. Permit or sanction the conduct of any sterilization 7 procedure without the patient’s voluntary and informed consent. 8 3. The constitutional protections relating to contraception 9 as a fundamental right shall not be limited by federal or state 10 law. 11 Sec. 7. NEW SECTION . 135S.6 Enforcement. 12 1. The attorney general may commence a civil action on 13 behalf of the state against any person that violates or 14 enforces a limitation or requirement that violates this 15 chapter. Notwithstanding any provision to the contrary, in a 16 civil action brought under this chapter, the attorney general 17 may compromise and settle the action as the attorney general 18 determines to be in the best interest of the state. 19 2. Any person, including any health care provider or 20 patient, adversely affected by an alleged violation of this 21 chapter may commence a civil action against any person that 22 violates, implements, or enforces a limitation or requirement 23 that violates this chapter. 24 3. A health care provider may commence an action for relief 25 on the health care provider’s own behalf, on behalf of the 26 provider’s staff, or on behalf of the provider’s patients who 27 are or may be adversely affected by an alleged violation of 28 this chapter. 29 4. If a court finds that there has been a violation of 30 this chapter, the court shall set aside the limitation or 31 requirement as unlawful. In any action under this chapter, 32 the court may award appropriate equitable relief, including 33 temporary, preliminary, or permanent injunctive relief. 34 5. Notwithstanding any provision to the contrary, in any 35 -6- LSB 5728XS (3) 91 ak/ko 6/ 8

S.F. 2057 action under this chapter, the court shall award costs and 1 reasonable attorney fees to any prevailing plaintiff. Unless a 2 court determines an action is frivolous, the court shall not 3 hold a plaintiff liable to a defendant for costs and attorney 4 fees in an action under this chapter. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the right to contraception. 9 The bill provides legislative findings including the 10 recognition by the United States supreme court of the right to 11 contraception as a fundamental right. 12 The bill establishes that a person has a statutory right to 13 obtain contraceptives, to engage in contraception, and that 14 a health care provider has a corresponding right to provide 15 contraceptives, contraception, and contraception-related 16 information. Under the bill, these rights may not be limited 17 or otherwise infringed through any limitation or requirement 18 that expressly, effectively, implicitly, or as implemented 19 singles out: the provision of contraceptives, contraception, 20 or contraception-related information; health care providers who 21 provide contraceptives, contraception, or contraception-related 22 information; or facilities in which contraceptives, 23 contraception, or contraception-related information 24 is provided; or that impedes access to contraceptives, 25 contraception, or contraception-related information. The 26 bill provides that a party may defend against a claim that 27 a limitation or requirement violates the rights established 28 under the bill by establishing, by clear and convincing 29 evidence, both that the limitation or requirement significantly 30 advances the safety of contraceptives, contraception, and 31 contraception-related information, and that the safety of 32 contraceptives, contraception, and contraception-related 33 information or the health of patients cannot be advanced by a 34 less restrictive alternative measure or action. 35 -7- LSB 5728XS (3) 91 ak/ko 7/ 8

S.F. 2057 The bill specifically provides that neither the state 1 nor any political subdivision of the state shall administer, 2 implement, or enforce any law, rule, regulation, standard, 3 or other provision having the force and effect of law in a 4 manner that prohibits or restricts the sale, provision, or use 5 of any contraceptives that have been approved by the United 6 States food and drug administration (FDA) for contraceptive 7 purposes; prohibits or restricts any person from aiding another 8 person in obtaining any contraceptives approved by the FDA or 9 contraceptive methods; or exempts any contraceptives approved 10 by the FDA from any other generally applicable law in a way 11 that would make it more difficult to sell, provide, obtain, 12 or use those contraceptives or contraceptive methods. The 13 bill is to be liberally construed and provides limitations 14 regarding how the bill may be construed. The bill provides 15 that the constitutional protections relating to the right to 16 contraception as a fundamental right shall not be limited by 17 federal or state law. The bill authorizes the attorney general 18 on behalf of the state or any person, including any health care 19 provider or patient, to bring a cause of action for a violation 20 of the bill. 21 -8- LSB 5728XS (3) 91 ak/ko 8/ 8