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Plan B for Colorado Morning-After Bill

Posted: 02/24/2006

Denver Post Editorial
2/24/2006

HB 1212 would allow pharmacists to dispense emergency contraception without prescriptions, a different approach from a bill vetoed last year.

State lawmakers are weighing legislation again this year that would provide easier access to emergency contraception. Sponsors have changed the bill in a sensible effort to overcome objections that doomed it a year ago.

Gov. Bill Owens, citing the encroachment of freedom of religion, vetoed a version that would have required hospitals - including those run by the Catholic Church - to inform rape victims who sought medical attention that the so-called morning-after pill was available.

Denver Archbishop Charles Chaput wrote in these pages last year that Catholics could support emergency contraception if it "truly can prevent ovulation" but not if it prevents a fertilized egg from implanting in the uterine wall, which the church believes the drug is designed to do. The church believes human life begins when an egg is fertilized and that preventing it from implanting would constitute an abortion.

This year's bill doesn't require doctors or hospital officials to do anything that conflicts with their personal or religious beliefs. (The church has not taken a position on this year's bill, according to a spokesman.) Instead, it would allow, but not require, licensed pharmacists to prescribe the morning-after pill to women who request it without having to wait for a doctor's prescription. A key goal is to help rape victims. The medication is basically a high-dose birth-control pill and works best if taken immediately but must be taken within 72 hours after intercourse. It works by delaying ovulation or by preventing the sperm from reaching the egg.

The bill would mean a shift of authority from doctors to pharmacists, and the Colorado Medical Society supports the shift for emergency contraception only. Pharmacists would not be allowed to prescribe any drug that induces an abortion. Eight states, including New Mexico, California and Washington, allow pharmacists to dispense the pill directly to patients.

Emergency contraception is a critical element of basic medical care for rape victims as well as for women who fear they might be pregnant after unprotected sex or the failure of another contraceptive method. House Bill 1212 by Democratic Rep. Betty Boyd of Lakewood is a sound approach. It's scheduled for House floor debate today.

An FDA scientific panel has recommended the morning-after drug be available for over-the-counter sale, and an FDA decision is pending. Colorado's bill, if passed into law, would be moot if the FDA authorizes direct purchse by individuals.

Rape victims in Colorado should have access to a safe, cost-effective way to prevent pregnancy. We urge approval of HB1212.

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