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"Plan B is a safe and tested form
of emergency contraception, and women deserve access to it,"
Blagojevich wrote in his letter to von Eschenbach. "If the FDA
continues to refuse to act, we, in Illinois, would be left with no
other choice but to act ourselves and pass legislation making Plan B
available without a doctor's prescription, as it is in 45 different
nations."
Barr Pharmaceuticals originally filed an application in April
2003 that would have made Plan B available over the counter. In late
2003, the FDA's own advisory panel voted 23-4 that Plan B is safe
and recommended that it be distributed over the counter. The panel
also unanimously rejected the claim that women substitute Plan B for
regular methods of birth control. During these proceedings, the
panel received testimony from more than 70 women's and health
organizations, including the American Academy of Pediatrics, the
American Association of Family Physicians and the American Medical
Association, supporting the decision to make Plan B available over
the counter. But, despite the evidence and testimony in support of
Barr's application, the FDA overruled the advisory panel and denied
the application.
Making Plan B available without a prescription is critical to its
effectiveness. The first of the two pills, which are a high dose of
conventional birth control, must be taken within 72 hours of
unprotected intercourse; and the earlier in that time period, the
more effective it is. Many women may not be able to reach a doctor
within that time period in order to obtain the prescription. Experts
estimate that 1.7 million unintended pregnancies could be prevented
each year if Plan B were available more easily.
To protect women's access to emergency contraception in Illinois,
last year, after several women in Chicago were denied access to the
contraceptives that their doctors prescribed for them, the governor
put an emergency rule in place to quickly ensure other women's
health wouldn't be compromised by pharmacists with political
agendas. The rule, now permanent, says that if a pharmacy is in the
business of selling contraceptives, then it must make sure its
customers' prescriptions for FDA-approved birth control are filled
in the same way as all other prescriptions: without questions,
lectures or delays.
On Tuesday, the Joint Committee on Administrative Rules adopted
an additional rule filed by Blagojevich to ensure that women know
their rights when dealing with pharmacies. The new rule requires
Illinois pharmacies to post signs outlining consumers' right to
obtain contraceptives and providing information on where to file a
complaint with the state if a pharmacy violates that right. [Related
article]
If the federal government fails to make Plan B available over the
counter, the governor will introduce legislation in Illinois to do
so.
"This would not be the first time we have acted to fill a void in
leadership by the federal government," the governor wrote. "As
President Bush continues to withhold support for lifesaving stem
cell research, for the second year we are awarding state grants to
fund adult and embryonic stem cell research. When the federal
government changes overtime rules stripping thousands of workers of
their benefits, we passed a law in Illinois rejecting the federal
change. And as the federal government turns a blind eye to millions
of senior citizens looking for relief from high costs of
prescription drugs, we created the I-SaveRx prescription drug
importation program -- the first program in the nation to allow
citizens to purchase lower cost, safe prescription drugs from
state-approved pharmacies in Europe and Canada."
Over the course of his administration the governor has been a
strong proponent of a woman's right to have access to contraceptives
and other important health care services:
-
Contraceptive
Equity in Health Insurance Act: In July of 2003, the
Blagojevich signed the Contraceptive Equity in Health Insurance
Act, which requires private health insurance companies that
cover prescription drugs to also cover all FDA-approved
contraceptive drugs and devices.
-
Contraceptive
coverage awareness campaign: In January 2005, the governor
launched a coordinated effort to inform women that private
insurance plans that cover outpatient drugs or services are now
required to cover all FDA-approved contraceptive services and
prescriptions.
-
Providing
health care to people who need it: Since Blagojevich took
office, 313,000 more men, women and children have received
health care through the KidCare and FamilyCare programs -- at a
time when most states are not only [BOLD]not providing more
coverage for the working poor, but also kicking people off
Medicaid or significantly reducing their benefits. The Kaiser
Foundation has ranked Illinois the best state in the nation for
providing health care to people who need it. This summer, the
state has led a coordinated effort to enroll even more men,
women in children in health care programs they need.
-
Improving
women's health programs: Blagojevich created the Illinois
Healthy Women program to provide health care to women who
otherwise would go without. To date, the program has served more
than 100,000 women. In addition, Illinois has dramatically
increased the number of mammograms and cervical cancer
screenings since Blagojevich took office. The governor has
signed legislation requiring insurance companies to cover
screening for breast cancer earlier in a woman's life, requiring
ovarian cancer screening for women considered at-risk and
creating a special instant win scratch-off lottery game called
Ticket for the Cure to fund breast cancer research grants and
services for breast cancer victims.
[to top of second column] |
-
First state to
make prescription drugs from Europe and Canada available:
Under Blagojevich, Illinois became the first state to allow its
citizens to purchase prescription drugs from Europe and Canada.
More than 10,000 people enrolled in just a few months to take
advantage of lower prices (25 percent to 50 percent less) for
over 120 name-brand prescription drugs.
-
Providing
family planning and education: The Family Planning Program
provides a range of medical services and education to more than
175,000 low-income women and adolescents of reproductive age.
Text of the governor's letter:
Office of the
Governor
Chicago, Illinois 60601
Rod Blagojevich
Governor
August 9, 2006
Andrew C. von
Eschenbach, M.D.
Acting Commissioner of Food and Drugs
U.S. Food and Drug Administration
5600 Fishers Lane
Rockville, MD 20857
Dear Commissioner
von Eschenbach:
I am writing today
to urge you to quickly approve Barr Pharmaceuticals Inc.'s
application to make Plan B, the morning-after pill, an
over-the-counter medication.
I was encouraged by
recent news that, after stalling a decision for more than three
years, the FDA has asked to meet with Barr Pharmaceuticals officials
to discuss making Plan B an over-the-counter medication. Plan B is a
safe and tested form of emergency contraception, and women deserve
access to it. If the FDA continues to refuse to act on Barr's
application, we, in Illinois, would be left with no other choice but
to act ourselves and pass legislation making Plan B available
without a doctor's prescription, as it is in 45 different nations.
In late 2003, the
FDA's own advisory panel voted overwhelmingly that Plan B is safe
and recommended that it be distributed over the counter. The panel
also unanimously rejected the claim that women substitute Plan B for
regular methods of birth control. During these proceedings, the
panel received testimony from more than 70 women's and health
organizations, including the American Academy of Pediatrics, the
American Association of Family Physicians and the American Medical
Association, supporting the decision to make Plan B available
over-the-counter.
The panel was
provided evidence that use of the pill is safe, even with repeated
use. It also heard testimony from women who were denied access to
the pill by doctors and pharmacists. Despite the overwhelming
evidence and testimony in support of Barr's application, the FDA
overruled the advisory panel and denied the application.
Here in Illinois,
we strongly support and consistently act in favor of protecting
women's access to emergency contraception. Last year, after we found
out that several women in Chicago were denied access to the
contraceptives that their doctors prescribed for them, we put an
emergency rule in place to quickly ensure other women's health
wouldn't be compromised by pharmacists with political agendas. Our
rule, now permanent, says if a pharmacy is in the business of
selling contraceptives, then it must make sure its customers'
prescriptions for FDA-approved birth control are filled in the same
way as all other prescriptions: without questions, lectures or
delays.
The evidence is
clear and overwhelming that making Plan B available over-the-counter
is the right thing to do. If the FDA again fails to act, as
Governor, I will move forward to enact legislation on our own.
As you know, this
would not be the first time we have acted to fill a void in
leadership by the federal government. As President Bush continues to
withhold support for life-saving stem cell research, for the second
year, we are awarding state grants to fund adult and embryonic stem
cell research. When the federal government changes overtime rules
stripping thousands of workers of their benefits, we passed a law in
Illinois rejecting the federal change. And as the federal government
turns a blind eye to millions of senior citizens looking for relief
from high costs of prescription drugs, we created the I-SaveRx
prescription drug importation program - the first program in the
nation to allow citizens to purchase lower cost, safe prescription
drugs from state-approved pharmacies in Europe and Canada.
When the federal
government won't act, Illinois will. I'm hopeful on an issue as
fundamental as access to contraception you will listen to
scientists, doctors and other experts who firmly believe that
over-the-counter use of Plan B is safe and reliable.
Sincerely,
Rod Blagojevich
Governor
[News release from the governor's
office]
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