Your Rights to Birth Control
in Washington State
Every person in Washington State has the legal right to use or refuse to use
birth control. This publication answers basic questions about your legal rights
to birth control. More resources are listed at the end of this publication.
General Information
What Are the Different Types of Birth Control?
Types of birth control include:
condoms
vaginal sponges
spermicide
diaphragms
pills
patches
vaginal rings
injections
under-the-skin implants
intrauterine devices (IUDs)
sterilization
emergency contraception
Some are single-use (like condoms), some are used on a regular schedule (like
the pill), and some are long-lasting (like the IUD). Emergency contraception
is taken after unprotected sex or a sexual assault to prevent pregnancy.
How Do I Get Birth Control?
It depends on the type of birth control you want. You can get some types of
birth control – like condoms, spermicide, the vaginal sponge, and emergency
contraception pills – at a pharmacy, drug store, or online without a
prescription. But for other types of birth control you will have to get a
prescription from a health care provider.
See the Resources section at the end of this publication for more information
on the different types of birth control and where to get them. See also the
Emergency Contraception section later in this publication.
I’m Under 18. Can I Get Birth Control?
Yes. In Washington State, there is no age restriction or requirement to involve
your parents (but read the important note under “Does Anyone Have the Right
to Know about My Birth Control?” below).
www.legalvoice.org
Your Right to Birth Control in Washington State Page 2 of 9
Can a Pharmacy or Drug Store Refuse to Sell Me Birth Control?
Washington State pharmacies must fill all valid prescriptions, including prescriptions for
birth control, unless:
There is a medical reason not to, such as an allergy or conflicting medication; or
The pharmacy does not have it in stock and cannot get it quickly. If so, they must
order it for you or refer you to a place where you can get it in time.
If a pharmacy refuses to fill your prescription, you can file a complaint with the
Washington State Department of Health. See Resources at the end of this publication.
Pharmacies that sell over-the-counter birth control must sell it to you, even if you are
under 18. They cannot make you show ID, because there is no age restriction. If a
pharmacy refuses to sell you over-the-counter birth control, you can file a complaint with
the Washington State Department of Health. See Resources at the end of this publication.
If you try to buy birth control like condoms, for example, at a grocery store or other store
that is not a pharmacy, and they will not sell it to you, you can complain to the store
manager or to the company that owns the store. If you think that the store refused to sell
it to you because of your gender, race, or other identity, you can file a complaint with the
Washington State Human Rights Commission.
Does Anyone Have the Right to Know about My Birth Control?
No (but read the important note below). You do not have to tell or get permission from
anyone to get birth control. Your parent/guardian does not have the right to know. Your
spouse/partner does not have the right to know. If you get birth control from your health
care provider or a family planning clinic, they must keep your medical records private.
Important: If you are using health insurance to pay for your birth control and medical
appointments, the insurance company will likely send a statement, called an “Explanation
of Benefits” that includes details about your medical care and prescriptions. If your
parent/guardian or a spouse/partner receives these Explanations, and you do not want that
person to know about your birth control choices, you have a couple of options.
One option is to ask the insurance company to keep that information confidential. To do
that, you need to:
1. Tell your health care provider that you want to keep the details about your health
care private.
2. Send a written letter or email to your insurance company stating:
a. You want keep information about your health care confidential;
b. The details that should not be shared (dates, services, medications,
devices, provider identity, cost information, etc.);
c. The names and addresses of the people on your insurance plan with whom
the information must not be shared; and
d. Your name and phone number or email address.
The other option is to not use that health insurance, and instead go to a community health
clinic or family planning clinic (see resources below) or apply for the Take Charge
program. See “The Take Charge Program” later in this publication.
Your Right to Birth Control in Washington State Page 3 of 9
Can I Be Forced to Use Birth Control?
No. No one has the right to make this choice for you, and no one should pressure you into
using or not using birth control. If anyone – family, partner, doctor, anyone – pressures,
threatens, or forces your decisions about birth control, you may be experiencing
reproductive coercion, a form of domestic violence. See Resources under “Sexual
Assault” at the end of this publication.
What about Abortion?
For information about your legal rights to abortion, see the Legal Voice publication Know
Your Rights: Abortion in Washington State, listed in the Resources section at the end of
this publication.
If You Have Health Insurance
Does Insurance Cover Birth Control?
Most health insurance plans that offer prescription drug coverage in Washington State
must cover at least one version of each type of birth control, and related appointments, at
no cost to you (see “How Do I Find Out Which Brands Are Covered?” later in this
publication).
Some religious employers can remove birth control coverage from their employee health
insurance. If this is your situation, you might qualify for free birth control from the Take
Charge program. See “What Is the Take Charge Program?” later in this publication. Also
see Your Employer or University Objects to Providing Insurance Coverage of Birth
Control: What Does That Mean for You?, by the National Women’s Law Center, listed in
the Resources section at the end of this publication.
How Do I Find Out If My Insurance Covers Birth Control?
If the insurance plan is through your job, you may be able to get information from your
plan administrator. Otherwise, review the online or printed formulary (list of medicines
and services covered by your health insurance plan) or call your health insurance
company. The National Women’s Law Center has created a phone script to help you. It is
listed under “Insurance Coverage of Birth Control” in the Resources section at the end of
this publication.
Note that your plan may have “in-network” and “out-of-network” pharmacies. You may
have to go to an in-network pharmacy in order to have your birth control covered.
My Insurance Doesn’t Include Birth Control. What Do I Do?
The Take Charge program provides free birth control to people who qualify. See “What
Is the Take Charge Program?” later in this publication.
If your insurance comes from a religious employer, see Your Employer or University
Objects to Providing Insurance Coverage of Birth Control: What Does That Mean for
You?, by the National Women’s Law Center, listed in the Resources section.
Your Right to Birth Control in Washington State Page 4 of 9
If your insurance should cover your birth control costs, but is not, contact both Legal
Voice and the Washington State Office of the Insurance Commissioner:
Legal Voice
By phone: 206-682-9552
Email: [email protected]
The Washington State Office of the Insurance Commissioner
By phone: 1-800-562-6900
Online: www.insurance.wa.gov/your-insurance/email-us/index.html
How Do I Find Out Which Brands Are Covered?
Call your health insurance company, or review the online or printed formulary (list of
medicines and services covered by your health insurance plan). The National Women’s
Law Center has created a phone script to help you. It is listed under “Insurance Coverage
of Birth Control” in the Resources section at the end of this publication.
Note: Not every brand must be covered, but they must offer an option for each type (pills,
implants, IUDs, vaginal rings, sterilization, etc.) If your preferred brand of birth control
is not covered, you may be able to get a waiver to use the brand you need without cost.
Talk to your health care provider.
How Much Will I Have to Pay?
If your insurance plan covers birth control, you do not have to pay anything for the
prescriptions, devices, or related appointments. That includes copays. The cost should not
be applied to your deductible, either.
If your insurance plan does not cover birth control, you may still be able to get free birth
control through the Take Charge program. See “What Is the Take Charge Program?” later
in this publication.
How Much Can I Get at Once?
It depends on what kind of birth control you use. If you use hormonal birth control (like
the pill or patch), you can get 12 months of birth control at a time. The pharmacy must
fill the amount you want from your 12-month prescription and your insurance company
must pay for it.
If your pharmacy refuses to fill the amount you want, or if your insurance company does
not pay the full cost or sets a stricter limit, contact both Legal Voice and the Washington
State Office of the Insurance Commissioner (see contact information above).
Can I Get More than One Kind of Birth Control?
Yes, if you choose to use multiple types of birth control at once, or use different types at
different times, your insurance must cover all of it without any cost to you.
Your Right to Birth Control in Washington State Page 5 of 9
The Take Charge Program
What Is the Take Charge Program?
Take Charge provides free family planning services – including free birth control – to
people in Washington State who qualify. Your income must be at or below 260% of the
Federal Poverty Level, and you must either be:
Uninsured and not eligible for Apple Health (Medicaid) coverage, OR
Insured and seeking confidential family planning services.
You can apply for this program at
Planned Parenthood clinics,
Washington State Family Planning Clinics,
Public Health Family Planning Clinics in Seattle and King County, and
Through the Washington State Medicaid program, known as Apple Health.
For more information about how to sign up, see listings under “The Take Charge
Program” in the Resources section at the end of this publication.
Will Take Charge Cover Me If I’m an Undocumented Immigrant?
No. Though all people are welcome at family planning clinics, you cannot get birth
control from the Take Charge Program if you are an undocumented immigrant. Legal
Voice is working to change that.
Legal Voice and many other organizations and individuals are working together to try to
make sure that every person living in Washington State can get access to birth control
and reproductive health care. Visit our website to learn more about this work.
Where Can Everyone Get Birth Control, Regardless of Immigration Status?
Community health clinics (including school-based clinics) and family planning clinics
like Planned Parenthood serve everyone, no matter what their immigration status. You
can get birth control at these clinics.
Emergency Contraception (EC)
What Is Emergency Contraception?
Emergency Contraception (EC) prevents pregnancy after unprotected sex. It is commonly
used after a sexual assault. There are two types of emergency contraception:
Pills: There are several brands of emergency contraception pills currently
available. Each brand includes one or two doses, with the same type of hormones
used in birth control pills. The pills must be taken within 3-5 days after
unprotected sex, depending on the type of pill.
IUD: Pregnancy can also be prevented after unprotected sex by inserting a
Paragard Copper T IUD within 5 days after unprotected sex. It must be inserted
by a health care provider.
Your Right to Birth Control in Washington State Page 6 of 9
For some people, certain types of emergency contraception work better than others. To
learn more about emergency contraception and see which type is best for you, see the
listings under “Emergency Contraception” in the Resources section at the end of this
publication.
How Can I Get EC?
Over-the-counter: Some types of emergency contraception you can buy without
a prescription. You may have to pay out of pocket and save the receipt to be
reimbursed by your insurance company later. Some providers, like family
planning clinics, have it available on-site.
Prescription: It’s possible you may need or want a prescription for emergency
contraception depending on the type and your insurance. If you have a
prescription filled at a pharmacy, the pharmacy will bill your insurance directly.
You should not have to pay a co-pay; if you are charged a co-pay, you should
contact your insurance company to complain and ask for a reimbursement.
Emergency Rooms: Emergency contraception pills are available in emergency
rooms for people who have been sexual assaulted. There is no age restriction. See
“Can I Get EC in an Emergency Room If I’ve Been Sexually Assaulted?” below.
I’m Under 18. Can I Get EC?
Yes (but read the important note under “Does Anyone Have the Right to Know about My
Birth Control?” earlier in this publication). There is no age restriction or requirement to
involve your parents. Even if the package directions say it’s for people age 17 and older,
you do not have to show ID in order to buy it.
Can a Pharmacy or Drug Store Refuse to Sell Me EC?
Washington State pharmacies must fill all valid prescriptions, including prescriptions for
emergency contraception, unless:
There is a medical reason not to do so, such as an allergy or conflicting medication;
or
The pharmacy does not have the drug in stock and cannot get it quickly.
If a pharmacy refuses to fill your prescription, you can file a complaint with the
Washington State Department of Health. See Resources at the end of this publication.
Drug stores that sell over-the-counter emergency contraception must sell it to you, even if
you are under 18. They cannot make you show ID.
Can I Get EC in an Emergency Room If I’ve Been Sexually Assaulted?
Yes. Emergency room staff must tell you that emergency contraception is available. If
you ask for it, they must immediately give it to you.
You can get help at an emergency room regardless of your age, ability to pay, or your
immigration status.
See listings under “Sexual Assault” in the Resource section below for more information
about your rights and resources if you have been sexually assaulted.
Your Right to Birth Control in Washington State Page 7 of 9
Can Emergency Room Staff Refuse to Give Me EC?
No. If you ask for emergency contraception, they must give it to you. If hospital staff
refuses to give you emergency contraception, you can file a complaint with the
Washington State Department of Health. See Resources at the end of this publication.
Will I Have to Pay for the EC?
No. You do not have to pay for the emergency contraception you get from the emergency
room after a sexual assault. The state covers the cost for everyone.
Resources
Emergency Contraception
Healthcare Provider and Facility Complaint Process: Contact the Department of
Health by phone or email for help with the complaint process and form.
By phone: 360-236-2620
Email: [email protected]
Online: www.doh.wa.gov; click on “Licenses, Permits and Certificates, then “File
Complaint About Provider or Facility”
The Emergency Contraception Website: Information about how to find pharmacies
that carry emergency contraception
Online: http://ec.princeton.edu/providers/index.html
Planned Parenthood: Information about emergency contraception.
Online:
o Emergency Contraception
www.plannedparenthood.org/learn/morning-after-pill-emergency-contraception
o Quiz: Is the Morning-After Pill Right for Me?
https://tools.plannedparenthood.org/ec/title_screen
Other Birth Control
Planned Parenthood: Information about birth control.
Online: www.plannedparenthood.org/learn/birth-control
Reproductive Health Access Project: Offers information about birth control, abortion
and miscarriage. See Your Birth Control Choices Fact Sheet, and more.
Online: www.reproductiveaccess.org/resources/
Insurance Coverage of Birth Control
Getting the Coverage You Deserve, by the National Women’s Law Center:
Information to help you confirm whether you’ve been wrongfully charged for your
birth control and how to appeal that charge.
Your Right to Birth Control in Washington State Page 8 of 9
By phone: 1-866-745-5487
By email: [email protected]
Online: www.nwlc.org; use the search function to find this publication
Phone script: How To Find Out If Your Health Plan Is Covering Women’s Preventive
Services with No Co-Pay, as Required by the Health Care Law, by the National
Women’s Law Center
Online: www.nwlc.org; use the search function to find this publication
Your Employer or University Objects to Providing Insurance Coverage of Birth
Control: What Does That Mean for You?, by the National Women’s Law Center:
Information about workplace insurance coverage of birth control.
By phone: 1-866-745-5487
By email: [email protected]
Online: www.nwlc.org/issue/birth-control/; listed under “Fact Sheets”
Washington State Office of the Insurance Commissioner would like to hear your story
of how insurance billing statements violate your right to privacy.
Online: www.insurance.wa.gov/file-complaint-or-check-your-complaint-status.
The Take Charge Program
ParentHelp123: Information and resources on health benefit programs.
By phone: 1-800-322-2588
Online: www.parenthelp123.org/resources/health-insurance-programs/take-charge-program
Take Charge (Family Planning non-Medicaid), Washington State Health Care
Authority: Information about the Take Charge program.
Online: www.hca.wa.gov/health-care-services-supports/apple-health-medicaid-
coverage/take-charge-family-planning-non-medicaid
Take Charge provider directory:
Online: www.hca.wa.gov/health-care-services-supports/apple-health-medicaid-
coverage/take-charge-family-planning-non-medicaid
Sexual Assault
King County Sexual Assault Resource Center
Online: www.kcsarc.org/
Know Your Rights: Sexual Assault on Washington State Colleges and Universities
Online: www.students.legalvoice.org/
RAINN: A national anti-sexual violence organization, offering 24-7 support hotline,
referrals, and programs.
By phone: 1-800-656-4673
Online: www.rainn.org
Your Right to Birth Control in Washington State Page 9 of 9
Rape and Pregnancy: Washington State’s Rape Survivor’s Safety Act, by Legal Voice
Online: www.legalvoice.org/tools-violence
Washington Coalition of Sexual Assault Programs: Find help after sexual assault.
Online: www.wcsap.org/find-help
Washington State Coalition Against Domestic Violence
Online: www.wscadv.org/get-help-now/
Also see listings under “Emergency Contraception” above.
Other Resources
Abortion in Washington State, by Legal Voice
Online: www.legalvoice.org/abortion-rights-washington
Bedsider: Information on birth control, reminders, and other features.
Online: www.bedsider.org/
Our Bodies Ourselves: Information and resources on sexuality and reproductive health.
Online: www.ourbodiesourselves.org/health-information/
Scarleteen: Inclusive, comprehensive, supportive sexuality and relationship
information for teens and emerging adults.
Online: www.scarleteen.com/tags/birth_control
This publication provides general information concerning your rights and responsibilities. It is not
intended as a substitute for specific legal advice. This information is current as of August 2018.
Acknowledgments Deborah Klein, Lauren Guicheteau, Priya Walia, Sara Ainsworth, and Chloë Phalan for
their work developing this memo.
© 2018 Legal Voice — 1-206-682-9552
(Permission for copying and distribution granted to the Alliance for Equal Justice
and to individuals for non-commercial purposes only.)
