FPA in the News: 2006

The Legislative Gazette

“Advocates Again Pushing for EC Availability Bill”

By Sasha Austrie

3.6.06

Last Monday the Assembly passed a bill (A.9906) that would make emergency contraception readily available for women at local pharmacies. Now, women’s health advocates are hoping the Senate will do the same and pass the legislation, which has been revised in hopes that the governor will sign it into law.

The bills were reintroduced after similar bills passed in both the Senate and Assembly and then were vetoed by Gov. George E. Pataki in August 2005. This year marks the fourth consecutive year that emergency contraception bills have been introduced.

“Accessibility is key,” said Assemblywoman Amy R. Paulin, D-Scarsdale, who sponsored the bill. “This bill is written so that emergency contraception would be distributed behind the counter.”

Assembly Speaker Sheldon Silver, D,WF-Manhattan, accused the governor of vetoing the bill because of ulterior motives, suggesting he did so to win favor of conservative Republicans on the national political scene.

“The governor must remember that despite his national ambitions, his foremost responsibility is to the people of New York State,” Silver said.

According to Silver, the new bills address four out of the five issues the governor had with the old ones; the only issue not revised is an age limit. Advocates of the bill say the governor vetoed it in part because he didn’t want young teens to have access to the contraceptive.

“We have addressed 80 percent of the governor’s concerns,” said Silver. “Issues with age are fundamental. Regardless of age, people should have a choice.”

There are numerous studies including one by the U.S. Food and Drug Administration, which states, “Plan B reduces the risk of pregnancy following a single act of unprotected sex from about 8 percent down to 1 percent. This represents an 89 percent reduction in risk of pregnancy for this single act of unprotected sex.”

Yet in 2003, the FDA rejected a proposal that would have made emergency contraception available to women and girls over the counter, citing inadequate information on the safety of the pill for young adolescent women. Along with the studies, the American Medical Association, American College of Pediatrics, American College of Gynecologists, and American Public Health Association have all recommended that women should be given easier access to emergency contraception.

“It is just like regular birth control pills,” said Dr. Susan Wood, former director of the FDA’s Office of Women’s Health. “The only difference is, it is taken after unprotected sex.”

To quell the concerns of emergency contraception opponents, who are worried that it would negatively impact pregnant women and heighten promiscuity among young women, Paulin stressed the safety of the contraceptive.

“This will not increase risky sexual behavior,” said Paulin. “The only behavior that changes is that she will reach for EC and that is true for young teens and adults.”

According to Kelli Conlin, president of National Abortion Rights Action League Pro-Choice New York, there are eight states that have adopted laws to make emergency contraception available with a non-specific prescription.

Conlin said states such as Washington have seen a 30 percent drop in abortions since allowing emergency contraception to be purchased without a prescription. The other states where behind-the-counter contraceptives are sold include, Alaska, Hawaii, California, New Hampshire, Massachusetts, New Mexico and Maine.

Silver said the adoption of the emergency contraception bill would reduce the number of abortions in New York State and Medicaid costs by $262 million. An estimated 120,000 abortions are performed in the state annually, of which 9,000 are performed on girls 17 and under.

According to bill S.6686, sponsored by Sen. Nicholas A. Spano, R,C,I-Yonkers, “… reducing the number of unintended pregnancies and abortions, this legislation will provide women with better healthcare and the State of New York a reasonable method to reduce healthcare costs.”

As of press time, Spano’s bill was still being considered in the higher education committee.

JoAnn Smith, CEO of the Family Planning Advocates of New York, said, “The New York State Assembly showed real leadership to the commitment of New York women. This bill is the right thing to do.”

“We are proud to carry a banner of family planning in New York,” said Silver. “Washington will do what Washington will do. We believe that a true democracy has no second class citizens.”