What is emergency contraception, and why is it important to women's health?
Emergency contraception (EC), often referred to as the “morning-after” pill, is birth control that 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 in cases when birth control is not used, such as when a woman is sexually assaulted. The Food and Drug Administration (FDA) has approved certain EC medications for over-the-counter sales for individuals 17 and older, and in 2010, approved a new emergency contraceptive, ella®, for prescription-only sale. Unfortunately, many women do not know about the benefits of EC, and anti-choice groups have fought efforts to improve access to it.
Current State Laws
23 states and the District of Columbia have 35 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, PA, SC, UT, VT, WA, WI.
- 16 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, PA, SC, UT, WA, WI.
- 9 states allow specially trained pharmacists to provide EC to a woman of any age without a prescription: AK, CA, HI, ME, MA, NH, NM, VT, WA.
- 9 states provide Medicaid coverage of over-the-counter EC: HI, IL, MD, NJ, NM, NY, OK, OR, WA.
2012 Federal Action
As part of the Affordable Care Act (ACA), the Obama administration adopted a policy that starting August 1, 2012, all newly issued health plans must cover the full range of FDA-approved methods of contraception, including EC. The policy explicitly exempts religious houses of worship. Moreover, the policy allows religiously affiliated employers that presently refuse to offer their employees contraceptive coverage a one-year grace period to come into compliance. The organizations will be allowed to opt out of the policy permanently if they oppose it – but in those cases, insurance companies will be responsible for covering birth control directly to the consumer.
Several employers are challenging the birth-control coverage policy based on the incorrect assertion that EC is abortion, claiming they are being forced to cover abortion services against their will.
For more information on no-cost birth control, please also see the contraceptive equity and guaranteed access to prescriptions pages.
2012 Notable Cases
In February, the 2005 case against the FDA for imposing unnecessary age restrictions on EC was reopened and HHS Secretary Kathleen Sebelius was added as a defendant (late last year, Sebelius overruled a recommendation from the FDA to lift the age restriction on over-thecounter (OTC) access to the emergency-contraceptive pill Plan B®). A motion also was filed that would allow OTC access for all levonogestrel-based EC with no age restrictions. In response, the U.S. District Court for the Eastern District of New York issued an order to the FDA, asking the agency to explain why it should not make Plan B® available with no age restriction. At the time of publication, the court has yet to issue a final ruling.
2012 Notable Developments
In July, Watson Pharmaceuticals announced it will start selling a generic version of Plan B One-Step® called Next Choice ONE DOSE™. In 2009, the FDA approved the first-ever generic version of Plan B®. Generic versions are essential to advancing women’s access to EC, because the medication’s retail cost can be prohibitive for many women.
View a map of all states with Emergency Contraception (EC).