[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3504 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3504

   To establish a public education and awareness program relating to 
                        emergency contraception.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2010

  Mrs. Murray introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To establish a public education and awareness program relating to 
                        emergency contraception.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Contraception Education 
Act of 2010''.

SEC. 2. FINDINGS.

    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.

SEC. 3. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION PROGRAMS.

    (a) Emergency Contraception Public Education Program.--
            (1) In general.--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) Dissemination.--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) Information.--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) In general.--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) Information.--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) Definitions.--In this section:
            (1) Emergency contraception.--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) Health care provider.--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 education.--The 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) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
    (d) Authorization of Appropriations.--There 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.
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