Commentary Contraception

Back Up Your Birth Control Backup Day

Heather Corinna

You've got rights, for crying out loud. If you're of legal age to get emergency contraception over the counter, you cannot be lawfully refused on the basis of age.

Have you been refused Emergency Contraception? Do you think you might need Emergency Contraception someday? You should download, print and carry a copy of Scarleteen‘s “Pardon me, but hell no” printable that tells you what to do when a pharmacist refuses to dispense absolutely legal EC. 

Yeah, we meant to say that. Boy do we wish we didn’t.

Here’s the spiel: it’s Back Up Your Birth Control Day today, but as you may have heard, or personally experienced, here in the states, we’re still having a lot of trouble with pharmacists refusing over-the-counter Plan B (emergency contraception, the morning-after-pill, or whatever you like to call it), for a whole of reasons, including because of age, even though most of those asking for or about it are of legal age to get it over-the-counter, and without a prescription. We knew that was happening already, but that recent covert study linked there brought it more to light and gave this some more (very needed) attention.

We understand that dealing with being refused something when you’re likely already feeling panicked, and also asking for something pretty private without much, if any privacy, can make dealing with refusals even more hard and maddening than they already are.

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We also know that in that position, sometimes it can be hard to speak up for yourself, especially if you feel judged because of being a young person who had any kind of sex in the first place (or were assaulted and assumptions are being made about you and sex), and a pharmacist is speaking or acting authoritatively, even while they’re talking out of their bottoms because they just don’t know the legal age or they’re knowingly deceiving you because they don’t want to dispense it and are just in the mood for some super-fun lording-power-over-young-people that day.

But you’ve got rights, for crying out loud. If you’re of legal age to get emergency contraception over the counter, you cannot be lawfully refused on the basis of age.

So, we thought we’d make this a bit easier for you to deal with if it happens, and to prepare yourself for, just in case.

Attached at the end of this entry is a PDF file you can print as a handy helper.  It gives you four fold-over copies to cut down the dotted line, then fold in half. One can fit neatly — and, given the blank backside, privately — in your wallet. Since one page prints four, pass the other three (or more!) out to friends who might need it, too.

On each little sheet, the left side shows the law right now around age and the right side says what you can and will do if refused EC. You can use it to read out loud, or even just slide it over to the pharmacist doing the refusing without saying a word, if you like. They may well change their mind about refusing you right there and then once you do that.

But if they still refuse to give it to you based, then you also have all the steps about your next steps right in the palm of your hand. You can find your state pharmacy board and contacts for the given pharmacy’s higher-ups just by using a search engine.

The text of this printable “Pardon me, but hell no,” reads:

Over the counter Plan B, Plan B One Step, and their generic versions are approved to allow OTC availability of these products for consumers 17 years and older. Plan B, Plan B One Step, and their generic versions remain available by prescription only for women 16 years and younger. – U.S. Food and Drug Administration, last updated 12/16/2011, with a number you or the pharmacist could call the FDA with, and that’s 1-888-INFO-FDA.

Besides that text is text that makes clear what you will do if refused, most of which comes from the National Women’s Law Center very helpful page on this issue, and that is:

If I am refused Plan B, I will:
• File a compliant with my state’s pharmacy board to seek sanctions against this pharmacist or pharmacy
• Communicate my story to the press.
• Alert this pharmacy’s corporate headquarters
• Contact my ACLU affiliate (http://www.aclu.org/reproductive-freedom will allow you to find that affiliate)
• Contact the national Women’s Law Center (which you can do regarding this issue by calling 1-866-PILL-4_US or emailing info@nwlc.org)

Don’t forget that one thing you, friends or partners can always do to have BC backup when you need it is to get Plan B in advance when you have the chance to get it: that way you can avoid not just possible refusals, but avoid having to run around if and when the clock is ticking.  If you might ever need any — read: you might ever be at risk of pregnancy — and you don’t have it, next time you’re at a pharmacy and don’t need it can be a very good time to pick a pack up. Also, don’t forget that a lot of state health departments, Planned Parenthood branches and other sexual health clinics often dispense it themselves for cheaper than you can often get it at pharmacies, too.

News Abortion

Anti-Choice Leader to Remove Himself From Medical Board Case in Ohio

Michelle D. Anderson

In a letter to the State of Ohio Medical Board, representatives from nine groups shared comments made by Gonidakis and said he lacked the objectivity required to remain a member of the medical board. The letter’s undersigned said the board should take whatever steps necessary to force Gonidakis’ resignation if he failed to resign.

Anti-choice leader Mike Gonidakis said Monday that he would remove himself from deciding a complaint against a local abortion provider after several groups asked that he resign as president of the State of Ohio Medical Board.

The Associated Press first reported news of Gonidakis’ decision, which came after several pro-choice groups said he should step down from the medical board because he had a conflict of interest in the pending complaint.

The complaint, filed by Dayton Right to Life on August 3, alleged that three abortion providers working at Women’s Med Center in Dayton violated state law and forced an abortion on a patient that was incapable of withdrawing her consent due to a drug overdose.

Ohio Right to Life issued a news release the same day Dayton Right to Life filed its complaint, featuring a quotation from its executive director saying that local pro-choice advocates forfeit “whatever tinge of credibility” it had if it refused to condemn what allegedly happened at Women’s Med Center.

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Gonidakis, the president of Ohio Right to Life, had then forwarded a copy of the news release to ProgressOhio Executive Director Sandy Theis with a note saying, “Sandy…. Will you finally repudiate the industry for which you so proudly support? So much for ‘women’s health’. So sad.”

On Friday, ProgressOhio, along with eight other groupsDoctors for Health Care Solutions, Common Cause Ohio, the Ohio National Organization for Women, Innovation Ohio, the Ohio House Democratic Women’s Caucus, the National Council of Jewish Women, Democratic Voices of Ohio, and Ohio Voice—responded to Gonidakis’ public and private commentary by writing a letter to the medical board asking that he resign.

In the letter, representatives from those groups shared comments made by Gonidakis and said he lacked the objectivity required to remain a member of the medical board. The letter’s undersigned said the board should take whatever steps necessary to force Gonidakis’ resignation if he failed to resign.

Contacted for comment, the medical board did not respond by press time.

The Ohio Medical Board protects the public by licensing and regulating physicians and other health-care professionals in part by reviewing complaints such as the one filed by Dayton Right to Life.

The decision-making body includes three non-physician consumer members and nine physicians who serve five-year terms when fully staffed. Currently, 11 citizens serve on the board.

Gonidakis, appointed in 2012 by Ohio Gov. John Kasich, is a consumer member of the board and lacks medical training.

Theis told Rewire in a telephone interview that the letter’s undersigned did not include groups like NARAL Pro-Choice and Planned Parenthood in its effort to highlight the conflict with Gonidakis.

“We wanted it to be about ethics” and not about abortion politics, Theis explained to Rewire.

Theis said Gonidakis had publicly condemned three licensed doctors from Women’s Med Center without engaging the providers or hearing the facts about the alleged incident.

“He put his point out there on Main Street having only heard the view of Dayton Right to Life,” Theis said. “In court, a judge who does something like that would have been thrown off the bench.”

Arthur Lavin, co-chairman of Doctors for Health Care Solutions, told the Associated Press the medical board should be free from politics.

Theis said ProgressOhio also exercised its right to file a complaint with the Ohio Ethics Commission to have Gonidakis removed because Theis had first-hand knowledge of his ethical wrongdoing.

The 29-page complaint, obtained by Rewire, details Gonidakis’ association with anti-choice groups and includes a copy of the email he sent to Theis.

Common Cause Ohio was the only group that co-signed the letter that is decidedly not pro-choice. A policy analyst from the nonpartisan organization told the Columbus Dispatch that Common Cause was not for or against abortion, but had signed the letter because a clear conflict of interest exists on the state’s medical board.

Commentary Contraception

Hillary Clinton Played a Critical Role in Making Emergency Contraception More Accessible

Susan Wood

Today, women are able to access emergency contraception, a safe, second-chance option for preventing unintended pregnancy in a timely manner without a prescription. Clinton helped make this happen, and I can tell the story from having watched it unfold.

In the midst of election-year talk and debates about political controversies, we often forget examples of candidates’ past leadership. But we must not overlook the ways in which Hillary Clinton demonstrated her commitment to women’s health before she became the Democratic presidential nominee. In early 2008, I wrote the following article for Rewirewhich has been lightly edited—from my perspective as a former official at the U.S. Food and Drug Administration (FDA) about the critical role that Clinton, then a senator, had played in making the emergency contraception method Plan B available over the counter. She demanded that reproductive health benefits and the best available science drive decisions at the FDA, not politics. She challenged the Bush administration and pushed the Democratic-controlled Senate to protect the FDA’s decision making from political interference in order to help women get access to EC.

Since that time, Plan B and other emergency contraception pills have become fully over the counter with no age or ID requirements. Despite all the controversy, women at risk of unintended pregnancy finally can get timely access to another method of contraception if they need it—such as in cases of condom failure or sexual assault. By 2010, according to National Center for Health Statistics data, 11 percent of all sexually experienced women ages 15 to 44 had ever used EC, compared with only 4 percent in 2002. Indeed, nearly one-quarter of all women ages 20 to 24 had used emergency contraception by 2010.

As I stated in 2008, “All those who benefited from this decision should know it may not have happened were it not for Hillary Clinton.”

Now, there are new emergency contraceptive pills (Ella) available by prescription, women have access to insurance coverage of contraception without cost-sharing, and there is progress in making some regular contraceptive pills available over the counter, without prescription. Yet extreme calls for defunding Planned Parenthood, the costs and lack of coverage of over-the-counter EC, and refusals by some pharmacies to stock emergency contraception clearly demonstrate that politicization of science and limits to our access to contraception remain a serious problem.

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Today, women are able to access emergency contraception, a safe, second chance option for preventing unintended pregnancy in a timely manner without a prescription. Sen. Hillary Clinton (D-NY) helped make this happen, and I can tell the story from having watched it unfold.

Although stories about reproductive health and politicization of science have made headlines recently, stories of how these problems are solved are less often told. On August 31, 2005 I resigned my position as assistant commissioner for women’s health at the Food and Drug Administration (FDA) because the agency was not allowed to make its decisions based on the science or in the best interests of the public’s health. While my resignation was widely covered by the media, it would have been a hollow gesture were there not leaders in Congress who stepped in and demanded more accountability from the FDA.

I have been working to improve health care for women and families in the United States for nearly 20 years. In 2000, I became the director of women’s health for the FDA. I was rather quietly doing my job when the debate began in 2003 over whether or not emergency contraception should be provided over the counter (OTC). As a scientist, I knew the facts showed that this medication, which can be used after a rape or other emergency situations, prevents an unwanted pregnancy. It does not cause an abortion, but can help prevent the need for one. But it only works if used within 72 hours, and sooner is even better. Since it is completely safe, and many women find it impossible to get a doctor’s appointment within two to three days, making emergency contraception available to women without a prescription was simply the right thing to do. As an FDA employee, I knew it should have been a routine approval within the agency.

Plan B emergency contraception is just like birth control pills—it is not the “abortion pill,” RU-486, and most people in the United States don’t think access to safe and effective contraception is controversial. Sadly, in Congress and in the White House, there are many people who do oppose birth control. And although this may surprise you, this false “controversy” not only has affected emergency contraception, but also caused the recent dramatic increase in the cost of birth control pills on college campuses, and limited family planning services across the country.  The reality is that having more options for contraception helps each of us make our own decisions in planning our families and preventing unwanted pregnancies. This is something we can all agree on.

Meanwhile, inside the walls of the FDA in 2003 and 2004, the Bush administration continued to throw roadblocks at efforts to approve emergency contraception over the counter. When this struggle became public, I was struck by the leadership that Hillary Clinton displayed. She used the tools of a U.S. senator and fought ardently to preserve the FDA’s independent scientific decision-making authority. Many other senators and congressmen agreed, but she was the one who took the lead, saying she simply wanted the FDA to be able to make decisions based on its public health mission and on the medical evidence.

When it became clear that FDA scientists would continue to be overruled for non-scientific reasons, I resigned in protest in late 2005. I was interviewed by news media for months and traveled around the country hoping that many would stand up and demand that FDA do its job properly. But, although it can help, all the media in the world can’t make Congress or a president do the right thing.

Sen. Clinton made the difference. The FDA suddenly announced it would approve emergency contraception for use without a prescription for women ages 18 and older—one day before FDA officials were to face a determined Sen. Clinton and her colleague Sen. Murray (D-WA) at a Senate hearing in 2006. No one was more surprised than I was. All those who benefited from this decision should know it may not have happened were it not for Hillary Clinton.

Sometimes these success stories get lost in the “horse-race stories” about political campaigns and the exposes of taxpayer-funded bridges to nowhere, and who said what to whom. This story of emergency contraception at the FDA is just one story of many. Sen. Clinton saw a problem that affected people’s lives. She then stood up to the challenge and worked to solve it.

The challenges we face in health care, our economy, global climate change, and issues of war and peace, need to be tackled with experience, skills and the commitment to using the best available science and evidence to make the best possible policy.  This will benefit us all.

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