OCR rescinds retail-pharmacy nondiscrimination guidance

Date: January 27, 2026
Actor: HHS Office for Civil Rights
Agency: Department of Health and Human Services (HHS)
Type: Guidance/memo (rescission)
Section: HEALTH AGENCIES (HHS, NIH, CDC, CMS, FDA, SAMHSA, HRSA, ACF)

Summary

OCR published a Federal Register rescission (91 FR, doc. 2026-01550) withdrawing its September 29, 2023 guidance to the nation's roughly 60,000 retail pharmacies on civil-rights obligations to ensure nondiscriminatory access to medications — guidance that had warned pharmacies against refusing to fill prescriptions based on sex, including in contexts affecting transgender patients' access to hormone therapy. Effective on publication.

Status

Rescission in effect.

As recorded in the data of November 3, 2026. Check the sources for anything newer.

Documents

Rescission of Guidance to Nation's Retail Pharmacies: Obligations Under Federal Civil Rights Laws To Ensure Nondiscriminatory Access to Health Care at Pharmacies (Issued September 29, 2023)

Notice · January 27, 2026 · 91 FR 3520 · Document number 2026-01550 · 3 pages

Original: govinfo.gov(opens another site)PDF, external

Rescission of Guidance to Nation's Retail Pharmacies: Obligations Under Federal Civil Rights Laws to Ensure Nondiscriminatory Access to Health Care at Pharmacies (Issued September 29, 2023), 91 Fed. Reg. 3520 (Jan. 27, 2026).

Sources

federalregister.gov/documents/2026/01/27/2026-01550/rescission-of-guidance-to-n…(opens another site)