II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Contracep5 tion Education Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) Each year 3,000,000 pregnancies, or one9 half of all pregnancies, in the United States are unVerDate Mar 15 2010 03:04 Jun 18, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3504.IS S3504

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1 intended, and 4 in 10 of these unintended preg2 nancies end in abortion. 

3 (2) The Food and Drug Administration has de4 clared emergency contraception to be safe and effec5 tive in preventing unintended pregnancy for women 

6 of reproductive potential and has approved over-the7 counter access to the emergency contraceptive Plan 

8 B for adults. 

9 (3) Emergency contraception consists of the 

10 same hormones found in ordinary birth control pills. 

11 Research indicates that emergency contraception can 

12 reduce the risk of pregnancy from 59 to 94 percent. 

13 Although more effective the sooner it is taken, med14 ical evidence indicates that emergency contraception 

15 can be effective up to 5 days after unprotected inter16 course or contraceptive failure. 

17 (4) Emergency contraception, also known as 

18 postcoital contraception, is a responsible means of 

19 preventing pregnancy that works like other hormonal 

20 contraception by preventing or delaying ovulation, 

21 preventing fertilization and may prevent implanta22 tion. 

23 (5) Emergency contraception does not termi24 nate an established pregnancy. 


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1 (6) Emergency contraceptive use in the United 

2 States remains low, and 1 in 3 women of reproduc3 tive age remain unaware of the method. 

4 (7) The percentage of women who have ever 

5 used emergency contraception, increased from 4 per6 cent in 2002 to 10 percent in 2006–2008, yet sig7 nificant disparities exist for young urban, minority 

8 women who lack general knowledge about emergency 

9 contraception. 

10 (8) Although the American College of Obstetri11 cians and Gynecologists recommends that doctors 

12 routinely discuss emergency contraception with 

13 women of reproductive age during their annual visit, 

14 only 1 in 4 obstetricians/gynecologists routinely dis15 cuss emergency contraception with their patients, 

16 suggesting the need for greater provider and patient 

17 education. 

18 (9) It is estimated that 25,000 to 32,000 

19 women become pregnant each year as a result of 

20 rape or incest, half of whom choose to terminate 

21 their pregnancy. If used correctly, emergency contra22 ception could help many of these rape survivors 

23 avoid the additional trauma of facing an unintended 

24 pregnancy. 


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1 (10) A recent study conducted by Ibis Repro2 ductive Health found that less than 16 percent of 

3 hospitals provide emergency contraception at a wom4 an’s request without restrictions. At nearly 44 per5 cent of hospitals, emergency contraception is un6 available even in cases of sexual assault. 

7 (11) In light of their safety and efficacy, both 

8 the American Medical Association and the American 

9 College of Obstetricians and Gynecologists have en10 dorsed more widespread availability of emergency 

11 contraceptive. 

12 (12) Healthy People 2010, published by the Of13 fice of the Surgeon General, establishes a 10-year 

14 national public health goal of increasing the propor15 tion of health care providers who provide emergency 

16 contraception to their patients. 

17 (13) Public awareness campaigns targeting 

18 women and health care providers will help remove 

19 many of the barriers to emergency contraception and 

20 will help bring this important means of pregnancy 

21 prevention to women in the United States. 

22 SEC. 3. EMERGENCY CONTRACEPTION EDUCATION AND IN23 FORMATION PROGRAMS. 

24 (a) EMERGENCY CONTRACEPTION PUBLIC EDU25 CATION PROGRAM.— 


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1 (1) IN GENERAL.—The Secretary, acting 

2 through the Director of the Centers for Disease 

3 Control and Prevention, shall develop and dissemi4 nate to the public information on emergency contra5 ception. 

6 (2) DISSEMINATION.—The Secretary may dis7 seminate information under paragraph (1) directly 

8 or through arrangements with nonprofit organiza9 tions, consumer groups, institutions of higher edu10 cation, clinics, the media, and Federal, State, and 

11 local agencies. 

12 (3) INFORMATION.—The information dissemi13 nated under paragraph (1) shall include, at a min14 imum, a description of emergency contraception and 

15 an explanation of the use, safety, efficacy, and avail16 ability of such contraception. 

17 (b) EMERGENCY CONTRACEPTION INFORMATION

18 PROGRAM FOR HEALTH CARE PROVIDERS.— 

19 (1) IN GENERAL.—The Secretary, acting 

20 through the Administrator of the Health Resources 

21 and Services Administration and in consultation 

22 with major medical and public health organizations, 

23 shall develop and disseminate to health care pro24 viders information on emergency contraception. 


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1 (2) INFORMATION.—The information dissemi2 nated under paragraph (1) shall include, at a min3 imum— 

4 (A) information describing the use, safety, 

5 efficacy, and availability of emergency contra6 ception; 

7 (B) a recommendation regarding the use of 

8 such contraception in appropriate cases; and 

9 (C) information explaining how to obtain 

10 copies of the information developed under sub11 section (a) for distribution to the patients of 

12 the providers. 

13 (c) DEFINITIONS.—In this section: 

14 (1) EMERGENCY CONTRACEPTION.—The term 

15 ‘‘emergency contraception’’ means a drug or device 

16 (as the terms are defined in section 201 of the Fed17 eral Food, Drug, and Cosmetic Act (21 U.S.C. 321)) 

18 or a drug regimen that— 

19 (A) is used postcoitally; 

20 (B) prevents pregnancy primarily by pre21 venting or delaying ovulation, and does not ter22 minate an established pregnancy; and 

23 (C) is approved by the Food and Drug Ad24 ministration. 


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1 (2) HEALTH CARE PROVIDER.—The term 

2 ‘‘health care provider’’ means an individual who is li3 censed or certified under State law to provide health 

4 care services and who is operating within the scope 

5 of such license. Such term shall include a phar6 macist. 

7 (3) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘‘institution of higher education’’ has the same 

9 meaning given such term in section 101(a) of the 

10 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

11 (4) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Health and Human Services. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 such sums as may be necessary for each of the fiscal years 

16 2010 through 2014. 

Æ 


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