Today we, along with over 60 medical groups, petitioned the Food and Drug Administration (FDA) to change the status of emergency contraception’s status from prescription to over the counter. This Citizen’s Petition is about reducing the astronomical number of unwanted pregnancies and abortions in this country by making emergency contraception easily accessible to women when they need it without the limitations of seeking a prescription. Nearly 3 million unintended pregnancies and abortions occur in this country annually, resulting in a grave public health dilemma. By making emergency contraception available over the counter, this figure could be reduced by half. As a result, over the counter status for emergency contraception is a public health imperative because emergency contraception can prevent unintended pregnancies. Emergency contraceptives are a completely different drug than mifepristone or RU-486, which terminates pregnancy at an early stage.

Many prestigious medical organizations, including the American Medical Association, support efforts to make emergency contraception available over the counter because the pills are safe and easy to use and do not require a physician’s screening or monitoring. Women do not need a medical consultation to fulfill the only requirement necessary for taking emergency contraception: unprotected sex. Once a woman decides she should take the pills, she needs only to take two equal doses 12 hours apart. Emergency contraceptives, because they are easy to self-administer, safe to use, and don’t necessitate a doctor’s care should be available over the counter as soon as a women decides the pills’ use is appropriate.

Requiring women to obtain a prescription for emergency contraception is a major barrier to access, especially for uninsured women, or those who may lack the necessary transportation to quickly reach medical personnel. As a result, prescription status actually increases the likelihood that an unwanted pregnancy or abortion will occur. Emergency contraceptives are most effective when used within 24 hours of unprotected intercourse. If women are forced to wait 48 to 72 hours before getting a doctor’s appointment, or cannot afford the consultation fee, their chances of becoming pregnant may increase by up to four times.

Legally, there is no reason why the FDA cannot grant emergency contraceptives over the counter status. The FDA’s own regulations state that "[a]ny drug limited to prescription use . . . shall be exempted from prescription-dispensing requirements when the Commissioner finds such requirements are not necessary for the protection of the public health . . . and he finds that the drug is safe and effective for use in self-medication as directed in proposed labeling." Because emergency contraception poses no known health risks, has minor side effects, and can be taken in two simple, identical doses without medical supervision, it meets all the criteria necessary for over the counter status. Most importantly, easy access to emergency contraception would, in fact, protect public health by eliminating millions of unwanted pregnancies and abortions. As a result, emergency contraception already qualifies for over the counter availability.

The delay in obtaining emergency contraception has already had dire social and economic consequences. We’re here to ask the FDA to exercise its power to directly improve, not only women’s health, but the health and welfare of children, families, and our society at large, by eliminating the prescription requirement.