1.This Act may be cited as the
Emergency Contraception Education Act
of 2010
.
2.Congress finds as follows:
(1)Each year
3,000,000 pregnancies, or one-half of all pregnancies, in the United States are
unintended, and 4 in 10 of these unintended pregnancies end in abortion.
(2)The Food and Drug
Administration has declared emergency contraception to be safe and effective in
preventing unintended pregnancy for women of reproductive potential and has
approved over-the-counter access to the emergency contraceptive Plan B for
adults.
(3)Emergency
contraception consists of the same hormones found in ordinary birth control
pills. Research indicates that emergency contraception can reduce the risk of
pregnancy from 59 to 94 percent. Although more effective the sooner it is
taken, medical evidence indicates that emergency contraception can be effective
up to 5 days after unprotected intercourse or contraceptive failure.
(4)Emergency
contraception, also known as postcoital contraception, is a responsible means
of preventing pregnancy that works like other hormonal contraception by
preventing or delaying ovulation, preventing fertilization and may prevent
implantation.
(5)Emergency
contraception does not terminate an established pregnancy.
(6)Emergency
contraceptive use in the United States remains low, and 1 in 3 women of
reproductive age remain unaware of the method.
(7)The percentage of
women who have ever used emergency contraception, increased from 4 percent in
2002 to 10 percent in 2006–2008, yet significant disparities exist for young
urban, minority women who lack general knowledge about emergency
contraception.
(8)Although the
American College of Obstetricians and Gynecologists recommends that doctors
routinely discuss emergency contraception with women of reproductive age during
their annual visit, only 1 in 4 obstetricians/gynecologists routinely discuss
emergency contraception with their patients, suggesting the need for greater
provider and patient education.
(9)It is estimated
that 25,000 to 32,000 women become pregnant each year as a result of rape or
incest, half of whom choose to terminate their pregnancy. If used correctly,
emergency contraception could help many of these rape survivors avoid the
additional trauma of facing an unintended pregnancy.
(10)A recent study
conducted by Ibis Reproductive Health found that less than 16 percent of
hospitals provide emergency contraception at a woman’s request without
restrictions. At nearly 44 percent of hospitals, emergency contraception is
unavailable even in cases of sexual assault.
(11)In light of their
safety and efficacy, both the American Medical Association and the American
College of Obstetricians and Gynecologists have endorsed more widespread
availability of emergency contraceptive.
(12)Healthy People
2010, published by the Office of the Surgeon General, establishes a 10-year
national public health goal of increasing the proportion of health care
providers who provide emergency contraception to their patients.
(13)Public awareness
campaigns targeting women and health care providers will help remove many of
the barriers to emergency contraception and will help bring this important
means of pregnancy prevention to women in the United States.
3.Emergency
contraception education and information programs
(a)Emergency
Contraception Public Education Program
(1)The Secretary, acting through the Director of the Centers
for Disease Control and Prevention, shall develop and disseminate to the public
information on emergency contraception.
(2)The
Secretary may disseminate information under paragraph (1) directly or through
arrangements with nonprofit organizations, consumer groups, institutions of
higher education, clinics, the media, and Federal, State, and local
agencies.
(3)The
information disseminated under paragraph (1) shall include, at a minimum, a
description of emergency contraception and an explanation of the use, safety,
efficacy, and availability of such contraception.
(b)Emergency
Contraception Information Program for Health Care Providers
(1)The Secretary, acting through the Administrator of the
Health Resources and Services Administration and in consultation with major
medical and public health organizations, shall develop and disseminate to
health care providers information on emergency contraception.
(2)The
information disseminated under paragraph (1) shall include, at a
minimum—
(A)information
describing the use, safety, efficacy, and availability of emergency
contraception;
(B)a recommendation
regarding the use of such contraception in appropriate cases; and
(C)information
explaining how to obtain copies of the information developed under subsection
(a) for distribution to the patients of the providers.
(c)In
this section:
(1)The term emergency contraception means
a drug or device (as the terms are defined in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321)) or a drug regimen that—
(A)is used
postcoitally;
(B)prevents pregnancy
primarily by preventing or delaying ovulation, and does not terminate an
established pregnancy; and
(C)is approved by the
Food and Drug Administration.
(2)The term health care provider means an
individual who is licensed or certified under State law to provide health care
services and who is operating within the scope of such license. Such term shall
include a pharmacist.
(3)Institution of
higher educationThe term institution of higher
education has the same meaning given such term in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(4)The
term Secretary means the Secretary of Health and Human
Services.
(d)Authorization of
AppropriationsThere are authorized to be appropriated to carry
out this section such sums as may be necessary for each of the fiscal years
2010 through 2014.