Assembly Passes Emergency Contraception Bill

Assembly Speaker Sheldon Silver and Assemblywoman Amy Paulin announced today Assembly passage of legislation allowing women needing Emergency Contraception (EC) – or the morning-after pill – to access it through a pharmacist or registered nurse without a prescription.

"Today’s action continues the Assembly Majority’s long-standing commitment to ensuring women’s access to quality, wide-ranging health care services," said Silver, who was joined at a news conference by Paulin and other supporters of the bill. "I applaud Assemblywoman Paulin for her hard work and dedication to this vital women’s health issue and renew our call for the Senate to follow the Assembly’s lead and pass this bill."

According to Paulin, current law requires a prescription from a doctor before a pharmacist can dispense EC. Under her bill, a physician would be able to designate certain medical professionals to dispense emergency contraception "over the counter." She explained that EC is a back-up birth control method used to prevent unintended pregnancy. The EC pills are higher-dose birth control pills and must be taken within 72 hours of unprotected intercourse.

Paulin further explained that for the past two years a petition to approve over the counter availability of EC has been under consideration by the Federal Drug Administration (FDA). And despite overwhelming approval from the FDA’s own advisory panel, a decision has yet to be made, leading many to suggest that the Bush administration is putting political considerations before the science of medicine.

"Once again, as in 2003 and 2004, the New York State Assembly has affirmed its support of women," said Paulin, sponsor of the Unintended Pregnancy Prevention Act (A.116). "In light of the FDA’s initial refusal and recent delay in making EC available over the counter, it is more important than ever that the Senate pass this bill and give New York women the power to avert the crisis of an unintended pregnancy."

"This is about protecting a woman’s health and helping her avoid an unwanted pregnancy - if that is her choice - whether the risk of pregnancy is from a sexual assault or not," said Assembly Health Committee Chair Richard Gottfried. "The policy on access to emergency contraception should be based on medical science, not political ideology."

"We are thrilled that the New York State Assembly has acted on behalf of women seeking this back-up-birth control option. We call on the New York Senate to follow their lead. Simply by passing the Unintended Pregnancy Prevention Act, the Senate can show its commitment to reducing unintended pregnancy and abortion in New York State, a goal we can all agree on," said Kelli Conlin, executive director of NARAL Pro-Choice New York.

"The Food and Drug Administration’s continued failure to approve over-the-counter status for emergency contraceptive Plan B is a tragedy for American women," said Richard N. Waldman, MD, FACOG, chair of the American College of Obstetricians & Gynecologists, District II/NY (ACOG). "ACOG strongly supports improved access to emergency contraception to reduce the rate of unintended pregnancies. ACOG is grateful to Assemblywoman Paulin and the Assembly leadership for taking the initiative to pass the Unintended Pregnancy Prevention Act to ensure the women of New York finally have timely access to this important, safe, and effective back-up method of birth control."

"New York State has an opportunity to significantly reduce the rate of unintended pregnancy," said JoAnn Smith, president and CEO of Family Planning Advocates of New York State. "Improved access to emergency contraception could prevent more than 1.5 million unintended pregnancies each year in the United States. Yet the federal government continues to put politics before science and has repeatedly failed to enhance access to emergency contraception. New York cannot afford to make the same mistake. The commitment of Speaker Silver and Assemblymember Paulin to this important legislation has never been more important to the women of New York."

"Registered nurses support this bill because it promotes women’s health. Emergency contraception drugs must be taken within 72 hours of unprotected intercourse, so authorizing RNs to provide this treatment will remove a significant barrier to essential emergency care," said Janet Haebler, RN, director of Practice and Governmental Affairs for the New York State Nurses Association.

"We urge New York State Legislators to pass the Unintended Pregnancy Act and ensure that women in New York State have the right to reproductive choice and access to emergency contraception," said Théa Griffin, Interim Executive Director of the National Association of Social Workers – New York State Chapter. "Emergency contraception has been established as a safe and effective means of preventing unwanted pregnancies."

"The New York State Association of County Health Officers (NYSACHO) strongly supports this bill, which will make emergency contraception more accessible to women in New York State. This will give women another means to prevent unwanted pregnancies. Recent studies show that making EC readily available does not promote risky sexual behavior, and the experience of many other states and countries shows that EC can be safely dispensed in this manner," said NYSACHO president, David Ackman, MD, MPH.

Paulin noted that local, trained pharmacists are widely accessible to women and can provide an easy and cost-effective way to access EC. In Washington, California, Alaska, New Mexico and Hawaii, pharmacists can already dispense EC directly to a woman. More than a dozen legislatures, including New York’s, are currently considering similar proposals.

Nearly half of America’s 6.3 million annual pregnancies are accidental, Paulin added. According to the New England Journal of Medicine, the widespread availability of EC could prevent 1.7 million unintended pregnancies per year in the United States, of which approximately half end in abortion.