The law allows patients to pick up over-the-counter FDA-approved contraception, paid for by their health insurance, without a prescription at in-network pharmacies.
Since the bill was signed into law, the FDA has approved the first ever daily oral contraceptive approved for use in the U.S. without a prescription.
The California law applies to private and Medi-Cal insurance and was written by former Sen. Connie Leyva (D-Chino).
"The Legislature intends to reduce sexual and reproductive health disparities and ensure greater health equity by providing a pathway for more Californians to get the contraceptive care they want, when they need it – without inequitable delays or cost barriers," the law reads.
A 2022 study from the Guttmacher Institute found that the COVID-19 pandemic had widespread negative impacts on patients' abilities to get birth control and related care, creating barriers and delays.
Christina Piecora, senior policy analyst at the National Health Law Program, one of the bill’s co-sponsors, said the new law is crucial to achieving health equity.
"It's a huge deal. I think it's going to have incredible impact," she said. "People living in contraceptive deserts, people who are disabled, people who are lower income — making it a little bit easier for them to get access to their contraception."
The California law also requires health insurance providers to cover vasectomies without cost-sharing, such as a deductible or co-payment. In addition, it expands contraceptive benefits to include state employees and people enrolled in university or college health plans and prohibits employers from discriminating against employees based on their reproductive health choices.
However, a religious employer can request a health insurance plan contract without coverage for contraceptive methods that are against their religious tenets. The contract would then not include coverage for vasectomy services and procedures or contraceptive methods.
This law takes effect after the U.S. Supreme Court overturned the constitutional right to an abortion in 2022. Since then, many states have restricted abortion access.
"Trump-era attacks on birth control access have underscored the need to codify the expansion of contraceptive coverage for as many Californians as possible under state law," the law reads.
Piecora said this bill comes at a crucial time.
"This bill really stands out as one of the strongest, if not the strongest, in the country at expanding contraceptive equity at a time when contraceptive access, reproductive health care, sexual health care, are under sustained attack," she said.
In a press release from September 2022, Leyva said the law is "a vital step forward to build on existing measures to help ensure our contraceptive benefits and policies extend to millions more across the state since current law leaves too many individuals and communities without equitable access."
