SB 596: Contraception; definitions, establishes right to obtain, applicability, enforcement. - Virginia

Health and Human Services Substitute → Chaptered · 5 edits

MODERATE

The bill was finalized and enacted into law, changing from a House substitute draft to the official 'Acts of Assembly.' While the core policy of protecting access to contraception remains, the text was modified to clarify that healthcare providers must act within their professional scope and to remove specific references to FDA approval in the applicability section, broadening the language slightly.

Scope change

The bill's scope is now confirmed as enacted law (Chapter 525) rather than a proposed substitute, and the applicability section was broadened by removing the explicit requirement that contraceptives be FDA-approved in subsection 32.1-377(A)(1).

DEFINITION

The definition of 'Contraception' was shortened by removing the phrase 'an action taken to prevent pregnancy, including the use of,' changing the text from 'an action taken to prevent pregnancy, including the use of contraceptives or sterilization procedures' to simply 'the use of contraceptives or sterilization procedures.'

REQUIREMENT

Subsection B was modified to add the condition that healthcare providers have the right to provide contraceptives only 'to the extent the provider is properly licensed and acting within the scope of the provider's professional practice.'

Subsection 32.1-377(A)(1) was modified to remove the specific requirement that contraceptives must be 'approved by the U.S. Food and Drug Administration,' changing the text to simply prohibit restrictions on the 'sale, provision, or use of any contraceptives.'

TECHNICAL

The specific bill number '26108256D' and the patron's name 'Senator Carroll Foy' were removed as they are no longer relevant once the bill is enacted as law.

Formatting was updated to reflect official legislative style, including the addition of 'Approved April 8, 2026' and the bill identifier '[S 596]'.

Education and Health Substitute → Health and Human Services Substitute · 3 edits

MINOR

The bill was transferred from the Senate Education and Health Committee to the House Health and Human Services Committee, changing the procedural context from an 'Education and Health Substitute' to a 'Health and Human Services Substitute'. The substantive text of the bill remains largely identical, though the House version includes minor formatting adjustments and slightly rephrased definitions to align with standard legislative formatting conventions.

TECHNICAL

The bill's title and committee attribution were updated to reflect House jurisdiction and the new committee name (Health and Human Services).

Minor formatting changes were applied to the text, including adjusting line breaks and spacing to conform to House substitute standards.

DEFINITION

The definitions of 'Contraception' and 'Contraceptive' were slightly reworded for clarity, explicitly referencing the Federal Food, Drug, and Cosmetic Act and clarifying the scope of 'action taken to prevent pregnancy'.

Enrolled → Education and Health Substitute · 5 edits

MODERATE

The bill was converted from an Enrolled Act into a Substitute Amendment, shifting its status from a finalized law to a draft proposal for further consideration. The substantive text was modified to broaden the definition of contraceptives by removing specific FDA approval requirements, expand the list of protected rights to include providing information, and alter the legal defense standard to require consistency with clinical practice standards rather than strict safety necessity.

Scope change

The bill's scope remains focused on contraception rights, but the applicability of the legal protections was expanded by removing the requirement that contraceptives must be FDA-approved to be covered.

DEFINITION

The definition of 'contraceptive' was changed to remove the requirement that the product must be legally marketed or approved by the FDA, broadening the scope of protection to include unapproved products.

ELIGIBILITY

The right to engage in contraception was expanded to explicitly include the right to 'provide contraception-related information' without government interference.

ENFORCEMENT

The legal defense standard was altered; instead of requiring proof that a law is the only way to ensure safety, the new standard requires the law to be consistent with widely accepted clinical practice standards.

SCOPE

The applicability section was updated to remove the specific exemption regarding FDA-approved contraceptives, ensuring all contraceptives are treated equally under the law.

TECHNICAL

The final 'Approved' status and chapter number were removed, indicating the bill is no longer in effect but is a proposed amendment.

Introduced → Enrolled · 4 edits · Mar 31, 2026

MODERATE

The bill was finalized as enacted law with several substantive policy changes. The definition of 'contraception' was narrowed to exclude the broad 'action taken' language, focusing strictly on the use of products or procedures. A new provision was added to explicitly require voluntary and informed consent for sterilization procedures. The right for healthcare providers to provide information was limited to cases where they are properly licensed and acting within their professional scope. The enforcement section was updated to refer to the 'Commonwealth' instead of 'the state' in the Attorney General's authority.

Scope change

The bill's scope was narrowed regarding provider obligations and definitions, while adding specific protections for patient consent in sterilization cases.

DEFINITION

The definition of 'contraception' was changed from a broad 'action taken to prevent pregnancy' to specifically 'the use of contraceptives or sterilization procedures'.

REQUIREMENT

A new subsection (E) was added stating that the bill does not permit or sanction sterilization without the patient's voluntary and informed consent.

ELIGIBILITY

The right for healthcare providers to provide contraception-related information was restricted to when they are 'properly licensed and acting within the scope of the provider's professional practice'.

ENFORCEMENT

References to 'the state' in the enforcement section were changed to 'the Commonwealth'.

Contraception; definitions, establishes right to obtain, applicability, enforcement.

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