Former FDA Official Joins Speaker Silver, Key Assemblymembers And Advocates In Renewing Call For Emergency Contraception

Measure Passed By Assembly Today Similar To Bill Vetoed Last Year

Assembly Speaker Sheldon Silver, Assemblymembers Amy Paulin and Richard Gottfried today renewed the Assembly's call for a law allowing women needing Emergency Contraception (EC) - or the morning-after pill - to access it through a pharmacist or registered nurse without a prescription.

Joining the legislators and advocates at a Capitol news conference announcing Assembly passage of the legislation (A.9906) was Dr. Susan Wood, former director of the Food and Drug Administration's (FDA) Office of Women's Health. Dr. Wood resigned her position last year in protest over the agency's mishandling of the over-the-counter application for EC.

"It is truly sad that this important women's health issue has become so obviously politicized both here in Albany and in Washington, D.C.," said Silver. "Last year, our so-called 'moderate' governor took a hard turn to the right when he vetoed bipartisan EC legislation. In doing so, he placed his own political ambitions ahead of the health-care needs of New York women, medical science and the ideals of the pro-choice movement."

Silver drew similarities between the governor's EC veto and the Bush administration refusal to allow over-the-counter availability of EC, despite overwhelming approval from the FDA's own advisory panel.

"It is clear that Governor Pataki and President Bush are of like minds and on the wrong side of this important women's health issue. The governor must remember that despite his national ambitions, his foremost responsibility is to the people of New York State," said Silver, who also noted the American Medical Association, the American College of Gynecologists, the American College of Pediatrics and the American Public Health Association have all recommended that EC be more readily available.

"By refusing to heed the recommendations of its own health experts to make EC available over the counter, the Food and Drug Administration has chosen to disregard science instead of promoting the health of women and families" said Dr. Wood. "New York Women can no longer wait for the FDA to act properly. The Legislature and Assemblymember Amy Paulin must be congratulated on their leadership."

Paulin explained that current state 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 should be taken within 72 hours of unprotected intercourse.

In an attempt to advance the legislation, Paulin amended her bill to address some of the concerns expressed last year in the governor's veto message. She explained that the bill was revised to provide EC for one treatment only and to ensure it is dispensed only to females. Other changes, she said, would mandate the patient know the risks of unprotected sex and receive an explanation of the resources for victims of sexual abuse and domestic violence that are available.

"Among those who will benefit greatly from EC are victims of rape, incest and domestic violence," said Paulin. "By making EC available from a licensed, trained pharmacist, we can help prevent pregnancies that create further entanglement with their abusers."

"This is about protecting a woman's health, and helping her avoid an unwanted pregnancy, if that is her choice," said Richard N. Gottfried, chair of the Assembly Committee on Health and a sponsor of the bill. "If a young woman is a victim of rape, incest, or peer pressure, we want her to see a doctor," Gottfried added. "If this bill were law, she would likely talk to a pharmacist who could get her connected to additional help. Otherwise, she may just anguish in silence, perhaps until her pregnancy begins to show."

"The New York State Assembly, under the leadership of Speaker Silver, continues to show leadership and a commitment to putting women's health first by supporting greater access to EC. Governor Pataki must sign this bill to meet the needs of New York women, rather than spending his time catering to voters in Iowa and New Hampshire," said Kelli Conlin, executive director of NARAL Pro-Choice New York.

"Today the New York State Assembly has shown real leadership and commitment to the women of New York State," said JoAnn M. Smith, president and CEO of Family Planning Advocates of New York State. "Women of all ages need access to emergency contraception to prevent unintended pregnancy and reduce the need for abortion. EC works - but only if it is taken as soon as possible after unprotected sex. This bill will help to ensure that more women will be able to get this safe and effective contraceptive."

"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."

"The Pharmacists Society of the State of New York (PSSNY) supports any legislation that expands access to needed medications in a timely and appropriate manner. This is good public health policy that will raise the level of care in women's health," said Craig Burridge, Executive Director, PSSNY.

"Registered nurses support this bill because it provides women with access to a safe, effective, and convenient option for pregnancy prevention," said Lydia Belardo, RN, associate director of the New York State Nurses Association Nursing Advocacy and Information Program. "This bill authorizes RNs to provide this treatment to women, after appropriate assessment and counseling. This would make essential emergency care more accessible to women who need it."

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.

Emergency contraceptives can reduce the risk of pregnancy from 75 to 89 percent if the first dose is taken within 72 hours of unprotected sex. The sooner the treatment begins, the more effective it is. EC should not be confused with RU-486 or medical abortion pill. EC prevents conception and will not terminate an established pregnancy which is what RU-486 does.

In New York State, 119,685 abortions were induced in 2003 and more than 9,000 were performed on girls ages 17 and under, according to New York State Department of Health statistics. Medical experts, including the American College of Obstetricians and Gynecologists, estimate that emergency contraception will reduce the number of abortions in New York State by half.

In addition, EC use will also reduce the state's Medicaid costs by nearly $262 million, according to a 2005 study by the New York State Comptroller's Office.

Nearly half of America's 6 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.