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.