International Availability Of Emergency Contraception
United Kingdom
As of early 2001, women of age 16 and higher may obtain emergency contraception in the United Kingdom without a prescription. This was challenged by an anti-abortion group, but the High Court of Justice of England and Wales let the rule stand in April 2002.
United States
In 2000, the American Medical Association issued a non-binding recommendation that emergency contraception be available over-the-counter without a prescription in the U.S. On December 16, 2003, an advisory committee to the Food and Drug Administration (FDA) recommended that the pill be made available over the counter.[8]The committee voted 23 to 4 that the drug should be sold over-the-counter and 27 to 0 that the drug could be safely sold as an over-the-counter medication.
However, in May of 2004 the FDA refused this strong recommendation and prohibited over-the-counter sale. The FDA claimed that this was due to limited experimental data on the effects of such pills on girls under 16 years of age, but critics have accused the FDA of basing the decision on political pressure. [9] One year later, a new application from the makers of Plan B requested over-the-counter status for women aged 16 and older, but the January 2005 deadline for the FDA decision on this application has come and gone without a decision. The FDA had more recently pledged to rule on the application by September 1, 2005, but this deadline has been extended for at least 60 days. However, in the United States, as of March 2006, eight states (California, Washington, Alaska, Hawaii, New Mexico, Maine, New Hampshire and Massachusetts) had passed laws permitting trained pharmacists to dispense emergency contraception without a doctor's prescription. On November 3, 2005, HR 4229 was introduced in the United States House of Representatives, which would require the FDA to make a decision on Plan B.
In a number of instances across the United States, pharmacists have refused to give women emergency contraception even with a legal prescription. These pharmacist refusals have created great controversy. Pro-life pharmacists who believe that emergency contraception is equivalent to abortion, or who, for personal moral or religious reasons oppose the use of birth control pills for unmarried women, or at all, have in a number of instances across the United States asserted a right of conscience to refuse to fill those prescriptions. The American Pharmacists Association has proposed conscience clauses or refusal clauses that would allow pharmacists to opt out of filling prescriptions they found morally offensive as long as they referred women to other pharmacists who would fill the prescription.
Women's rights and pro-choice organizations have expressed concern that in many parts of the country there may not be reasonably accessible alternatives to fill a prescription; and that having a prescription refused is intimidating and upsetting to women who are likely to be in a crisis situation. As well, in the instance of emergency contraception, there is a short window of time during which EC is effective. Advocates for women say that conscience clauses are often overly broad, and that women have a right to medically appropriate, effective, and legal reproductive health services without being refused such services because of the medical professional's personal beliefs.
Canada
In May 2004, Canada's Health Minister announced that Plan B would soon become available from pharmacists in all provinces without a prescription. This occurred on April 28, 2005. The new system would still require the person to purchase the pills directly from the pharmacist.
France
In January 2000, France decided to dispense emergency contraception in junior and high schools by school nurses without prescription, because of high rates of undesired pregnancies among teenaged girls; after strong opposition from the Roman Catholic Church, and much debate around the fact the teenager could later suffer from the doubt of not knowing whether fertilization had occurred or not, the decision was overruled by a court in July 2000. The French parliament changed the relevant law in October 2000 and now school nurses are again able to dispense the drugs. The emergency contraception pill NorLevo is now available in France without prescription, without parent authorization, and free of charge for teenagers under the age of 18 since January 9, 2002.
Other Countries
Emergency contraception is available without prescription in the following 44 countries: Albania, Australia, Belgium, Benin, Bulgaria, Cameroon, Canada, China, Colombia, Congo, Denmark, Estonia, Finland, France, French Polynesia, Gabon, Ghana, Guinea-Conakry, Iceland, India, Israel, Ivory Coast, Jamaica, Latvia, Lithuania, Madagascar, Mali, Mauritania, Mauritius, Morocco, Netherlands, New Zealand, Norway, Portugal, Senegal, South Africa, Sri Lanka, Sweden, Switzerland, Togo, Tunisia, Turkey, the United Kingdom and Uruguay.