Commentary Contraception

Why EC=BC: Emergency Contraception is a Form of Birth Control

Andrea Miller

This year, the Back Up Your Birth Control campaign is addressing the lies head-on. Our theme is as simple as it is scientifically accurate: EC=BC. EC is a form of birth control. There is no controversy here, and the scientific and medical communities are unanimous. EC=BC.

This article is published as part of our 2012 Back Up Your Birth Control series.

The claim started out on the lips of the Catholic bishops and anti-choice activists: Obamacare will mandate coverage for abortion-causing drugs – by which they meant emergency contraception (EC), a form of birth control (BC) that does not actually terminate a pregnancy. But that little detail didn’t seem to matter. Soon anti-choice politicians jumped on the bandwagon. Before long the mainstream media was uncritically repeating the mantra. In a moment of directorial carelessness or simple misunderstanding, a popular television show even got in on propagating the lie that emergency contraception is an abortifacient.

Today is the 11th Annual Back Up Your Birth Control (BUYBC) Day of Action. For 11 years, this campaign has served a dual purpose: increasing consumer knowledge about EC and advocating that it be available and accessible for anyone who needs a second chance to prevent pregnancy.

For more than a decade, the campaign has spread the word that EC is a safe and effective method of birth control that can prevent pregnancy when taken up to five days after sex, while also providing a forum for increased activism around making EC available over-the-counter for people of all ages. In a serious battle for women’s reproductive freedom, the Back Up Your Birth Control campaign has been a vehicle to infuse a little levity into the debate, reach new and diverse audiences, and keep ourselves sane. Using iconic pop cultural images, at-times irreverent messages, and guerilla-style tactics, thousands of people have engaged in street action, online activism, and good old-fashioned public education about this important birth control method.

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It (almost) makes me feel old that I remember when a dedicated EC product was first made available by prescription in 1998, even though women’s health advocates knew for more than a decade prior that the hormones found in many birth control pills could be used after sex to prevent pregnancy. It (almost) makes me tired to remember that it then took constant advocacy, consumer education, lawsuits, court orders, and a scathing GAO report over the course of the next seven years before the FDA approved EC for over-the-counter access for those 18 years and older – a significant step yet one that ignored the scientific studies finding that EC was safe and effective for all ages. And it definitely makes me mad that, to this day, the “behind-the-counter” status conferred on this safe, effective contraceptive requires everyone to request EC from a pharmacist and present a government-issued ID to get it. What gives me hope is that, while the pace is glacial at times, there has been progress.

In 2009, we won over-the-counter access for 17-year-olds, and, this year, we anticipated science was finally – FINALLY – going to trump politics. The FDA was set to make EC available over-the-counter for all ages, which would have made EC available next to the condoms and pregnancy tests at pharmacies, grocery stores, and other retailers, without the need for prescriptions or proof of age. (For undocumented people, those too intimidated to ask the pharmacist for EC, or those in the suburbs or rural communities, where you might have to drive 20 miles just to buy a potato, much less EC, this would have been huge.)

But it was also too good to be true. In an unprecedented move, HHS Secretary Kathleen Sebelius swept in to override the FDA’s decision. Then, the President – who so often speaks passionately as a parent who wants a better future for his daughters – made the groan-inducing claim that “The reason Kathleen made this decision is that she could not be confident that a 10-year-old or an 11-year-old going to a drugstore should be able — alongside bubble gum or batteries — be able to buy a medication that potentially, if not used properly, could have an adverse effect.”

We barely had time to regroup and take stock after this unscientific, but sadly unsurprising, attack on EC before we witnessed an even more powerful backlash of a different sort. Over the last two months, religious opposition to insurance coverage for birth control, right-wing resistance to the Affordable Care Act, and GOP presidential nominees’ attacks on family planning created a perfect storm of anti-EC propaganda that not only threatens to set our advocacy back by years, but risks discouraging women from using this safe, effective method of preventing pregnancy. And it’s not just consumers who are affected. Health care providers, pharmacists, educators, parents, and others also need and deserve to have correct and truthful information about what EC is, how it works, and who can purchase it.

This year, the Back Up Your Birth Control campaign is addressing the lies head-on. Our theme is as simple as it is scientifically accurate: EC=BC. EC is a form of birth control. It will not end a pregnancy – not that there’s anything wrong with that, if it is the best decision for a woman and her family. EC will not interfere with a fertilized egg that has already implanted. There is no controversy here, and the scientific and medical communities are unanimous. EC=BC.

So, hoping to reach beyond our usual suspects again this year, we have launched www.ECequalsBC.tumblr.com. Check it out, pass it along, add your own images and thoughts, and join with us as we refuse to leave misinformation unchallenged and insist on creating a conversation in which contraception – of any sort – is the norm and a no-brainer.

News Health Systems

Complaint: Citing Catholic Rules, Doctor Turns Away Bleeding Woman With Dislodged IUD

Amy Littlefield

“It felt heartbreaking,” said Melanie Jones. “It felt like they were telling me that I had done something wrong, that I had made a mistake and therefore they were not going to help me; that they stigmatized me, saying that I was doing something wrong, when I’m not doing anything wrong. I’m doing something that’s well within my legal rights.”

Melanie Jones arrived for her doctor’s appointment bleeding and in pain. Jones, 28, who lives in the Chicago area, had slipped in her bathroom, and suspected the fall had dislodged her copper intrauterine device (IUD).

Her doctor confirmed the IUD was dislodged and had to be removed. But the doctor said she would be unable to remove the IUD, citing Catholic restrictions followed by Mercy Hospital and Medical Center and providers within its system.

“I think my first feeling was shock,” Jones told Rewire in an interview. “I thought that eventually they were going to recognize that my health was the top priority.”

The doctor left Jones to confer with colleagues, before returning to confirm that her “hands [were] tied,” according to two complaints filed by the ACLU of Illinois. Not only could she not help her, the doctor said, but no one in Jones’ health insurance network could remove the IUD, because all of them followed similar restrictions. Mercy, like many Catholic providers, follows directives issued by the U.S. Conference of Catholic Bishops that restrict access to an array of services, including abortion care, tubal ligations, and contraception.

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Some Catholic providers may get around the rules by purporting to prescribe hormonal contraception for acne or heavy periods, rather than for birth control, but in the case of copper IUDs, there is no such pretext available.

“She told Ms. Jones that that process [of switching networks] would take her a month, and that she should feel fortunate because sometimes switching networks takes up to six months or even a year,” the ACLU of Illinois wrote in a pair of complaints filed in late June.

Jones hadn’t even realized her health-care network was Catholic.

Mercy has about nine off-site locations in the Chicago area, including the Dearborn Station office Jones visited, said Eric Rhodes, senior vice president of administrative and professional services. It is part of Trinity Health, one of the largest Catholic health systems in the country.

The ACLU and ACLU of Michigan sued Trinity last year for its “repeated and systematic failure to provide women suffering pregnancy complications with appropriate emergency abortions as required by federal law.” The lawsuit was dismissed but the ACLU has asked for reconsideration.

In a written statement to Rewire, Mercy said, “Generally, our protocol in caring for a woman with a dislodged or troublesome IUD is to offer to remove it.”

Rhodes said Mercy was reviewing its education process on Catholic directives for physicians and residents.

“That act [of removing an IUD] in itself does not violate the directives,” Marty Folan, Mercy’s director of mission integration, told Rewire.

The number of acute care hospitals that are Catholic owned or affiliated has grown by 22 percent over the past 15 years, according to MergerWatch, with one in every six acute care hospital beds now in a Catholic owned or affiliated facility. Women in such hospitals have been turned away while miscarrying and denied tubal ligations.

“We think that people should be aware that they may face limitations on the kind of care they can receive when they go to the doctor based on religious restrictions,” said Lorie Chaiten, director of the women’s and reproductive rights project of the ACLU of Illinois, in a phone interview with Rewire. “It’s really important that the public understand that this is going on and it is going on in a widespread fashion so that people can take whatever steps they need to do to protect themselves.”

Jones left her doctor’s office, still in pain and bleeding. Her options were limited. She couldn’t afford a $1,000 trip to the emergency room, and an urgent care facility was out of the question since her Blue Cross Blue Shield of Illinois insurance policy would only cover treatment within her network—and she had just been told that her entire network followed Catholic restrictions.

Jones, on the advice of a friend, contacted the ACLU of Illinois. Attorneys there advised Jones to call her insurance company and demand they expedite her network change. After five hours of phone calls, Jones was able to see a doctor who removed her IUD, five days after her initial appointment and almost two weeks after she fell in the bathroom.

Before the IUD was removed, Jones suffered from cramps she compared to those she felt after the IUD was first placed, severe enough that she medicated herself to cope with the pain.

She experienced another feeling after being turned away: stigma.

“It felt heartbreaking,” Jones told Rewire. “It felt like they were telling me that I had done something wrong, that I had made a mistake and therefore they were not going to help me; that they stigmatized me, saying that I was doing something wrong, when I’m not doing anything wrong. I’m doing something that’s well within my legal rights.”

The ACLU of Illinois has filed two complaints in Jones’ case: one before the Illinois Department of Human Rights and another with the U.S. Department of Health and Human Services Office for Civil Rights under the anti-discrimination provision of the Affordable Care Act. Chaiten said it’s clear Jones was discriminated against because of her gender.

“We don’t know what Mercy’s policies are, but I would find it hard to believe that if there were a man who was suffering complications from a vasectomy and came to the emergency room, that they would turn him away,” Chaiten said. “This the equivalent of that, right, this is a woman who had an IUD, and because they couldn’t pretend the purpose of the IUD was something other than pregnancy prevention, they told her, ‘We can’t help you.’”

News Law and Policy

Federal Judge Guts Florida GOP’s Omnibus Anti-Choice Law

Teddy Wilson

"For many people, Planned Parenthood is the only place they can turn to,” said Barbara Zdravecky, president and CEO of the Planned Parenthood of Southwest and Central Florida. “We may be the only place they can go in their community, or the only place that offers the screening or birth control method they need. No one should have their basic health care taken away."

A federal judge on Thursday permanently blocked two provisions of a Florida omnibus anti-choice law that banned Planned Parenthood from receiving state funds and required annual inspections of all clinics that provide abortion services, reported the Associated Press.

U.S. District Judge Robert Hinkle issued an order in June to delay implementation of the law.

“The Supreme Court has repeatedly said that a government cannot prohibit indirectly—by withholding otherwise-available public funds—conduct that the government could not constitutionally prohibit directly,” Hinkle wrote in the 25-page ruling.  

Thursday’s decision came after Republican Gov. Rick Scott’s administration decided not to pursue further legal action to defend the law, and filed a joint motion to end the litigation.

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Hinkle issued a three page decision making the injunction permanent.

HB 1411, sponsored by Rep. Colleen Burton (R-Lakeland), was passed by the Republican-controlled state legislature in March.

The judge’s ruling nixed provisions in the law that banned state funding of abortion care and required yearly clinic inspections. Other provisions of the law that remain in effect include additional reporting requirements for abortion providers, redefining “third trimester,” and revising the care of fetal remains.

The GOP-backed anti-choice law has already had a damaging effect in Palm Beach County, where Planned Parenthood was forced to end a program that focused on teen dropout prevention.

Barbara Zdravecky, president and CEO of the Planned Parenthood of Southwest and Central Florida, said in a statement that the ruling was a “victory for thousands of Floridians” who rely on the organization for reproductive health care.

“For many people, Planned Parenthood is the only place they can turn to,” Zdravecky said. “We may be the only place they can go in their community, or the only place that offers the screening or birth control method they need. No one should have their basic health care taken away.”

A spokesperson for Scott told Reuters that the administration is “reviewing” the decision.

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