Emergency Contraception Access and Education Act of 2014 - Prohibits payment to a hospital under titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act unless the hospital promptly provides information about emergency contraception to any woman who arrives at the hospital and is stated to be, or hospital staff have reason to believe is, a victim of sexual assault.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to develop and disseminate information on emergency contraception.
Directs the Administrator of the Health Resources and Services Administration (HRSA) to develop and disseminate to health care providers, including pharmacists, information on emergency contraception, including a recommendation for providers working in emergency rooms to consult with survivors of sexual assault regarding emergency contraception and provide follow-up care and referral services.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2876 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2876
To establish a public education and awareness and access program
relating to emergency contraception.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2014
Mrs. Murray (for herself, Mrs. Boxer, Ms. Warren, Mr. Blumenthal, and
Mr. Booker) 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 and access 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 Access and
Education Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Each year 3,400,000 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
certain forms of emergency contraceptive for unrestricted sale
on pharmacy shelves to women of all ages.
(3) Research indicates that emergency contraception reduces
the risk of pregnancy by up to 95 percent and emergency IUD
insertion reduces the risk by 99 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 is a responsible means of
preventing pregnancy that works like other hormonal
contraceptives by suppressing or delaying ovulation, which
makes fertilization from unprotected intercourse unlikely if
the medication is taken within 120 hours. Emergency
contraception does not terminate an established pregnancy.
(5) Most brands of emergency contraception consist of the
same hormones found in other hormonal birth control.
(6) The percentage of sexually experienced women aged 15 to
44 in the United States who have ever used emergency
contraception increased from 4.2 percent in 2002 to 11 percent
in years 2006 through 2010.
(7) A recent study by the Guttmacher Institute demonstrates
that the rate of teen pregnancy in the United States has
reached a historic low, declining 51 percent since its peak in
1990. From 2008 to 2010, increasing proportions of women aged
18 and 19 reported becoming sexually active, yet fewer of them
got pregnant during this time period than in previous studies.
Research suggests that increasing rates of contraceptive use
may be associated with the decline in teen pregnancy.
(8) Despite an increase in use, significant disparities
exist for young, urban, minority women who lack general
knowledge about emergency contraception. In fact, 1 in 4 teens
remain completely unaware of the method and its use.
(9) Although the American College of Obstetricians and
Gynecologists (ACOG) recommends that doctors routinely discuss
emergency contraception with women of reproductive age during
their clinical visits only half of obstetricians/gynecologists
offer emergency contraception to all of their patients in need
suggesting that greater provider and patient awareness and
education is needed.
(10) Nearly 1 out of 5 American women is a victim of rape.
It is estimated that 25,000 to 32,000 women become pregnant
each year as a result of rape, half of whom choose to terminate
their pregnancy. The risk of pregnancy after sexual assault has
been estimated to be 4.7 percent in adult survivors who were
not protected by some form of contraception at the time of the
attack. If used correctly, emergency contraception could help
many of these rape survivors avoid the additional trauma of
facing an unintended pregnancy.
(11) Only 18 States and the District of Columbia require
hospital emergency rooms to provide emergency contraception-
related services to survivors of sexual assault. Of those, only
13 States and the District of Columbia require hospital
emergency rooms to provide emergency contraception upon request
to survivors of sexual assault. Nine States have adopted
restrictions on emergency contraception, and six States
explicitly allow pharmacists to refuse to dispense emergency
contraception.
(12) In light of their safety and efficacy, the American
Medical Association, American Academy of Pediatrics, American
Women's Medical Association, Society for Adolescent Medicine,
and the American College of Obstetricians and Gynecologists
have endorsed more widespread availability of emergency
contraceptives.
(13) Healthy People 2020, published by the Office of
Disease Prevention and Health Promotion (ODPHP), establishes a
10-year national public health goal of increasing the
proportion of publicly funded health care providers who provide
emergency contraception to their patients, and reducing the
number of unintended pregnancies by 10 percent.
(14) 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. DEFINITIONS.
In this Act:
(1) Emergency contraception.--The term ``emergency
contraception'' means a drug or device (as such terms are
defined in section 201 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321)), or 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) Hospital.--The term ``hospital'' means--
(A) a hospital as defined in section 1861(e) of the
Social Security Act (42 U.S.C. 1395x(e)); and
(B) a critical access hospital as defined in
section 1861(mm)(1) of such Act (42 U.S.C.
1395x(mm)(1)).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) Sexual assault.--
(A) In general.--The term ``sexual assault'' means
a sexual act (as defined in subparagraphs (A) through
(C) of section 2246(2) of title 18, United States Code)
where the victim involved does not consent or lacks the
capacity to consent.
(B) Application of provisions.--The definition in
subparagraph (A) shall apply to all individuals.
SEC. 4. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTION WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
or to a State, with respect to services of a hospital, under title XIX
of such Act (42 U.S.C. 1396 et seq.), unless such hospital complies
with the conditions specified in subsection (b) in the case of--
(1) any woman who arrives at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who arrives at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) The hospital promptly provides the woman with medically
and factually accurate and unbiased written and oral
information about emergency contraception, including
information explaining that--
(A) emergency contraception has been approved by
the Food and Drug Administration as an over-the-counter
medication for all women without age restrictions and
is a safe and effective way to prevent pregnancy after
unprotected intercourse or contraceptive failure if
taken in a timely manner;
(B) emergency contraception is more effective the
sooner it is taken; and
(C) emergency contraception does not cause an
abortion and cannot interrupt an established pregnancy.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides such contraception to her at
the hospital on her request.
(3) The information provided pursuant to paragraph (1) is
in clear and concise language, is readily comprehensible, and
meets such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(4) The services described in paragraphs (1) through (3)
are not denied because of the inability of the woman or her
family to pay for the services.
(c) Effective Date; Agency Criteria.--This section shall take
effect upon the expiration of the 180-day period beginning on the date
of the enactment of this Act. Not later than 30 days prior to the
expiration of such period, the Secretary shall publish in the Federal
Register criteria for carrying out this section.
SEC. 5. 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 on emergency contraception under paragraph (1)
directly or through arrangements with health agencies,
professional and nonprofit organizations, consumer groups,
institutions of higher education, clinics, the media, and
Federal, State, and local agencies.
(3) Information.--The information on emergency
contraception disseminated under paragraph (1) shall include,
at a minimum, the most current evidence-based and evidence-
informed standards of care with respect to emergency
contraception and an explanation of the proper, use, safety,
efficacy, counseling 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 most current
evidence-based and evidence-informed standards of care,
proper use, safety, efficacy, counseling and
availability of emergency contraception;
(B) a recommendation regarding the use of such
contraception in appropriate cases;
(C) recommendation for health care providers
working in emergency rooms to consult with survivors of
sexual assault once clinically stable regarding options
for emergency contraception and to provide any
necessary follow-up care and referral services; and
(D) information explaining how to obtain copies of
the information developed under subsection (a) for
distribution to the patients of the providers.
(c) 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 2014 through 2018.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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