Title 32.1. Health
Chapter 22. Contraception
§ 32.1-383. Right to contraception.
A. For the purposes of this chapter, unless the context requires a different meaning:
"Contraception" means the use of contraceptives or sterilization procedures.
"Contraceptive" means any drug, device, or biological product 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 (21 U.S.C. § 301 et seq.), 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.
"Health care provider" means the same as that term is defined in § 8.01-581.1.
B. A person shall have the right to obtain contraceptives and to engage in contraception. A health care provider shall have the right to provide contraceptives and contraception-related information to the extent the provider is properly licensed and acting within the scope of the provider's professional practice.
C. The rights specified in subsection B shall not be infringed upon by any law, regulation, or policy that expressly or effectively limits, delays, or impedes access to contraceptives or information related to contraception.
D. To defend against a claim that a law, regulation, or policy violates a health care provider's or patient's statutory rights under subsection B, a party must establish, by clear and convincing evidence, that:
1. The law, regulation, or policy significantly advances the safety of contraceptives, contraception, and contraception-related information, and the safety of contraceptives, contraception, and contraception-related information or the health of patients cannot be advanced by a less restrictive alternative measure or action; or
2. The law, regulation, or policy that is being applied to contraception is also being applied to other medically similar drugs, devices, or biological products.
E. Nothing in this chapter shall be construed to permit or sanction the performance of any sterilization procedure without the patient's voluntary and informed consent.
