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FAST FACTS ABOUT ANTI-CHOICE ISSUES:

FAST FACTS ABOUT PRO-CHOICE ISSUES:

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Fast Facts

Emergency Contraception (EC)

What is emergency contraception, and why is it important to women's health?

Emergency contraception (EC), often referred to as the "morning-after" pill, contains the same active ingredients as ordinary birth-control pills and can significantly reduce a woman's chance of becoming pregnant if taken soon after sex.  EC can prevent a pregnancy before it occurs; it has no effect on an existing pregnancy.  It may be used when other birth-control methods fail or are not used, such as when women are sexually assaulted.  The Food and Drug Administration (FDA) has approved emergency contraception for over-the-counter sales for individuals aged 17 and over.  However, many women do not know about EC, and anti-choice groups have fought efforts to improve access to it.

CURRENT STATE LAWS

22 states and the District of Columbia have 34 laws and/or policies that improve women's access to EC:  AK, AR, CA, CO, CT, DC, HI, IL, ME, MD, MA, MN, NH, NJ, NM, NY, OK, OR, SC, UT, VT, WA, WI.

  • 15 states and the District of Columbia have laws that improve sexual-assault survivors' access to EC or information about EC in hospitals:  AR, CA, CO, CT, DC, IL, MA, MN, NJ, NM, NY, OR, SC, UT, WA, WI.
     
  • 9 states allow pharmacists to provide EC to a woman of any age without a prescription:  AK, CA, HI, ME, MA, NH, NM, VT, WA.
     
  • states provide Medicaid coverage of over-the-counter EC:  HI, IL, MD, NJ, NM, NY, OK, OR, WA.

2009 ENACTED STATE LEGISLATION

1 state and the District of Columbia enacted 2 measures improving sexual-assault survivors' access to EC in hospitals: DC, UT.

2009 FEDERAL ACTION

Lawmakers have sponsored a number of pieces of pro-choice legislation related to EC, including bills to ensure that EC is offered to sexual-assault survivors in hospitals and to make EC available to women in the military.  The Prevention First Act also contains several provisions that would improve women’s access to EC.  Unfortunately, anti-choice lawmakers have blocked these measures.

2009 NOTABLE CASES

In March 2009, in Tummino v. von Eschenbach (formerly Tummino v. Crawford), a U.S. district court ordered the FDA to reconsider its controversial decision to limit over-the-counter access to the emergency contraceptive Plan B® to adults age 18 and older, finding that the age restriction was based on politics and ideology, not scientific evidence. The decision required that Plan B® be made available to 17-year-olds over the counter, without a prescription, and in April 2009, the FDA announced that it would comply with this ruling. In addition, the ruling charged the agency to reassess whether to make the medication available to individuals of all ages without a prescription.

2009 NOTABLE DEVELOPMENTS

In June 2009, the FDA approved the first-ever generic version of the emergency contraceptive Plan B® for prescription use for individuals ages 17 and under. In August, the FDA approved the generic medication for over-the-counter use for individuals 17 and over.

For a map of all states with Emergency Contraception (EC) - click here.

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