Womenstake

Washington Women Seeking EC Not Helped by 9th Circuit

by Gretchen Borchelt, Senior Counsel
National Women’s Law Center

Late last week, the Ninth Circuit Court of Appeals upheld a preliminary injunction issued against a rule passed by the Washington state board of pharmacy. The rule ensures patient access to medication, but was challenged in court by Washington pharmacists and a pharmacy who do not want to give women emergency contraception. As we reported, last November a lower court issued a preliminary injunction that halts the rule as it applies to Plan B emergency contraception.

The Ninth Circuit decision came from a divided panel that illustrates the importance of who our judges are. In the majority were Judge Thomas G. Nelson, who was appointed by the first President Bush, and Judge Jay Bybee, appointed by the current President Bush. Their decision means that while the case is pending, Washington women who want access to EC may face a refusing pharmacist and delay in accessing the time-sensitive medication.

Judge A. Wallace Tashima, who was appointed by President Clinton, wrote a strong dissent. It not only explains the problems with this panel’s decision but also points out the errors of the lower court in issuing the injunction in the first place. Judge Tashima recognizes that rules like Washington’s do not violate pharmacists’ right to free exercise of religion; they help ensure that women are not delayed in their efforts to prevent unintended pregnancies. Hopefully, when the case reaches the merits, Judge Tashima’s logic will carry the day. 

Tell Us How You REALLY Feel...

by Julia Kaye, Health Policy Associate
National Women’s Law Center

On Tuesday, the Missouri Senate accidentally deemed the substance used in medical abortions, mifepristone (aka RU-486), a “restricted” substance on par with heroin. The legislation, which requires pharmacies to keep an electronic log of their sales of controlled substances and certain over-the-counter medications (including cold medicine), also contained a House provision that included mifepristone in the “restricted” category, along with heroin and marijuana. Thirty minutes after the legislation passed, its sponsor, anti-choice Sen. Norma Champion (R-Springfield), noticed the ain’t-that-ironic clerical error and drew the other legislators’ attention to it.  Whoops! They rescinded the first vote, removed the provision and approved it again. Sen. Champion stated that she did not want senators who support abortion rights "to think [she] was trying to sneak something in" the measure—"It simply was an error."

7 Questions with NWLC's Julia Kaye

by Jessica Lauredan, Outreach Intern
National Women’s Law Center

This post is part of a weekly series profiling our blog authors.

Julia Kaye is a Policy Associate for the Health and Reproductive Rights team at NWLC.

Q: Twenty million unmarried women did not vote in the 2004 election. As a young woman, what do you think caused this lack of participation?
Julia: Whatever the reasons were then, unmarried women have been voting en masse during this primary season — I’ve actually read several articles on the pivotal role that experts believe unmarried women will play in determining the results of the November elections — and I think it’s a trend that’s not going away. The stakes are high right now.  The results of this election will largely determine the role that America will play in fighting global warming, the future of the wars in Afghanistan and Iraq, possibly two new Supreme Court Justices (and the security of Roe v. Wade) … the list goes on. I think that women both understand the gravity of these issues and have come to recognize that they are a significant demographic with a lot of electoral power, and that they have the power to influence policy on these crucial issues — if they get out and vote.

Q: Could pro-choicers and anti-choicers ever agree that it’s important to work toward preventing unintended pregnancies by increasing access to contraceptives and emergency contraception, thus reducing the need for abortions?
Julia: I sincerely hope so!

Q: What do you say to people who claim that giving women over-the-counter access to emergency contraception increases the rates of STI’s?
Julia: I’d say that the people making those claims are trying to imply that emergency contraception/Plan B is significantly different from “regular” birth control pills, and needs to be judged and critiqued using a significantly different set of criteria. In fact, both are advertised and endorsed as products that help prevent against unintended pregnancy, and both packages inform users that the product does not protect against sexually transmitted infections. Debating EC’s potential to increase STI rates distracts from its proven efficacy in preventing unintended pregnancy. I would also say that women who are informed enough about their sexual health to seek out EC after experiencing a contraceptive failure or having unprotected sex are probably informed enough to recognize that unintended pregnancy is not the only potential consequence of unprotected sex.

You got EC, Eh?

by Jill Morrison, Senior Counsel
National Women’s Law Center

Once again, our friends to the north are leaving us (the U.S.) in the dust. Marriage equality; healthcare for all, and now over-the-counter access to emergency contraception. 

We are talking real OTC access: no asking a pharmacist (and possibly getting refused), no showing identification to prove your age, and no prescription required for those under 18.

Congrats Canucks. 

Learn about Emergency Contraception, Because You Never Know...

by Jill Morrison, Senior Counsel
National Women’s Law Center

You’d be shocked (SHOCKED I tell you!) at the number of people who don’t know that there is something you can do if you have a birth control mishap, or in cases unprotected or unwanted sex. Fortunately for us (and you), our friends at Advocates for Youth sent out this excellent video on Emergency Contraception.

Watch the video.

I know lots of women who still get Emergency Contraception confused with the abortion pill (also known as Mifepristone or RU-486), but the two have as much in common as George Bush and ____________ [fill in your own snarky reference here]. Please circulate this message widely, because you never know who doesn’t know. 

Pharmacy Refusals 101: Go Wisconsin!

by Darsana Srinivasan, Fellow
National Women’s Law Center

Dear Wisconsin, 

Thank you for being so awesome this past month. If I had a Cheesehead hat I’d wear it around the office for you. 

First, Gov. Jim Doyle signs into law a bill to help rape and incest survivors get timely information about and access to emergency contraception (EC). Hospitals would be required to “immediately provide” EC to sexual assault survivors who request it, and provide information about EC that is “medically and factually accurate and unbiased.” 

Then, Wisconsin state court upholds the decision to discipline pharmacist Neil Noesen who, exasperatingly, not only refused to fill a prescription, but refused to follow refusal protocol that would have allowed him to avoid filling a prescription but still ensure that patients received proper care. I’m happy the court agreed that abandoning a patient, playing keep-a-way with her birth control prescription, and forcing her to miss a dose of her medication is a gross violation of a pharmacist’s standard of care. 

You’ve done good for women’s health. Keep it up!

P.S. If you’d like to know what other states are up to regarding pharmacy refusals and contraception, take a look at our newly updated Pharmacy Refusals 101!

It's Back Up Your Birth Control Day!

by Darsana Srinivasan, Health Fellow
National Women’s Law Center

BUYBC Day is part of a larger campaign sponsored by over 100 organizations, including the National Women’s Law Center. The campaign is about improving access to and education about emergency contraception (EC), one woman at a time. This year’s theme focuses on the barriers low-income women face trying to obtain EC. For example, EC is expensive but insurance companies do not cover drugs that are over-the-counter like EC, and only a few states give Medicaid coverage of EC without first requiring a prescription, thus delaying access to this time-sensitive method of pregnancy prevention.

Do you know how to celebrate BUYBC Day? It’s simple: Go stock your medicine cabinet with EC and encourage your friends and family to do the same! I know we all like to procrastinate, but in this instance wouldn’t you rather have it on hand instead of waiting for the risk of an unintended pregnancy to take you by surprise? If you’re 18 and over you can get it over-the-counter at most pharmacies. And remember, you don’t have to be female to buy it—this means male friends and boyfriends can help celebrate, too!

Fighting the Urge to Merge

by Jill Morrison, Senior Counsel
National Women’s Law Center

So what do Denver, Colorado, Santa Fe, New Mexico, Prince Georges County, Maryland, and Pottsville, Pennsylvania, have in common? 

Terrific coalitions in each of these communities are working with NWLC to protect access to reproductive health and end-of-life care in their local hospitals. Mergers, sales and takeovers by religiously-affiliated hospital chains may result in your hospital denying you family planning services, infertility treatment, or emergency contraception, or ignoring your advance directive. Know what to ASK! to make sure the beliefs of your providers don’t keep you from getting the health care you need, and contact us if they do.

Update on EC Case

by Gretchen Borchelt, Senior Counsel
National Women’s Law Center

Almost a year ago, we reported on a case filed by anti-choice groups, including the Family Research Council and Concerned Women for America, against the FDA for its approval of emergency contraception (EC or the morning-after pill) for non-prescription use by women 18 and older. Among other claims, the groups said that the FDA approval was unlawful and the decision was improperly influenced by political pressure. Yesterday, the U.S. District Court for the District of Columbia dismissed the case. The court said the groups lack standing to sue, and recognized that many of their arguments were unsupported, going so far as to call one a “stretch.” The court also held that the groups failed to exhaust administrative remedies.

On the other side of the issue, the lawsuit brought by the Center for Reproductive Rights (CRR) is still ongoing. CRR filed suit against the FDA for its failure to make EC available over-the-counter for women of all ages. CRR alleges that the FDA broke its own rules and regulations, ignored sound medicine, and is holding EC to a different and higher standard than other over-the-counter drugs. We will keep you updated as developments occur in that case.

And the Survey Says…..

by Jill Morrison, Senior Counsel
National Women’s Law Center

Have you taken Plan B (the emergency contraceptive) since Jan. 1, 2007?

Do you like to win stuff?

Then take a 10 minute survey on your experience here! 

This survey is an effort to help identify and address barriers to access like pharmacy refusals and stocking problems.

You get to help out a great cause! And you can win a gift card! And it just takes 10 minutes!

What more could you ask for?! Oh, yes, the deadline: March 31, 2008. 

P.S.: We know you have friends (and they don’t tell you everything) so send it to them just in case they have taken Plan B. Maybe they will share the gift card with you.

Thanks in advance.