	Introduction

On August 24, 2006, the Food and Drug Administration (FDA) announced the approval of an application to switch Plan B, an emergency contraceptive, from a prescription-only drug to an over-the-counter (OTC) drug for women 18 years of age and older. Plan B will only be sold OTC in pharmacies or healthcare clinics. It will continue to be dispensed as a prescription drug for women 17 years old and younger. Approval of the switch to OTC for Plan B has been controversial. Conservative religious and pro-life groups believe that readily available Plan B may increase the occurrence of unsafe sexual activity and that such a drug should be used only under the supervision of a healthcare professional. Their primary concern with Plan B, however, is that it might prevent the implantation of the embryo in the uterus, which, for those who believe human life begins at conception, would constitute an abortion. However, the medical community does not consider prevention of implantation to be an abortion, and FDA does not classify Plan B as an abortion drug. In addition, the report discusses the Department of Justice guidelines for the treatment of sexual assault victims, which have been criticized by numerous organizations because they do not mention offering emergency contraception to female rape victims. Plan B is used before a pregnancy can be diagnosed. for more detailed information about sexual assault and pregnancy. On January 13, 2005, a letter signed by 97 Members of Congress was sent to the Director of the Office on Violence Against Women expressing concern over the failure to mention emergency contraception and urging that the Protocol be changed to include such information. H.R. 464 is similar to H.R. H.R. H.R. H.R. Individuals who criticize the delayed FDA decision believe that Bush Administration policy and FDA actions were based on political and ideological considerations rather than on sound science. FDA does not classify Plan B as an abortion drug. Research has found that the use of emergency contraception rises when it is made available without a prescription. This same conclusion was reached in a separate review of the medical literature published in April 2007. The authors of this second study found that "advance provision of emergency contraception did not reduce pregnancy rates when compared to conventional provision.... The interventions tested thus far have not reduced overall pregnancy rates in the populations studied." Pro-choice groups believe OTC status for Plan B will reduce the number of unintended pregnancies and reduce the number of abortions performed in the United States. According to Barr Pharmaceuticals, sales of Plan B in the United States have doubled since August 2006, "rising from about $40 million a year to what will probably be close to $80 million for 2007."
On August 24, 2006, the Food and Drug Administration (FDA) announced the approval of an application to switch Plan B, an emergency contraceptive, from a prescription-only drug to an over-the-counter (OTC) drug for women 18 years of age and older. Plan B will only be sold in pharmacies or healthcare clinics. It will continue to be dispensed as a prescription drug for women 17 years old and younger. Plan B is a brand of post-coital contraceptive that is administered within a few hours or days of unprotected intercourse. Emergency contraception prevents pregnancy; it does not disrupt an established pregnancy.
Approval of the switch to OTC status for Plan B has been controversial. Some Members of Congress urged the FDA to deny OTC status for Plan B. Individuals who criticize the three-year delay in deciding to switch to OTC believe that Bush Administration policy and FDA actions were based on political and ideological considerations rather than on sound science. Conservative religious and pro-life groups believe Plan B may increase unsafe sexual activity and should be used only under the supervision of a healthcare professional and, therefore, should not be available OTC. Their major concern with Plan B, however, is that it might prevent the implantation of an embryo in the uterus, which to pro-life groups constitutes abortion. However, the medical community does not consider prevention of implantation to be an abortion, and FDA does not classify Plan B as an abortion drug.
Emergency contraceptives are currently available without a prescription in more than 40 countries. According to Barr Pharmaceuticals, sales of Plan B in the United States have doubled since August 2006, "rising from about $40 million a year to what will probably be close to $80 million for 2007." Women's health advocates claim that OTC status will improve access to the drug, thereby reducing the number of unintended pregnancies and reducing the number of abortions. However, a medical literature review, published in April 2007, found that "advance provision of emergency contraception did not reduce pregnancy rates when compared to conventional provision.... The interventions tested thus far have not reduced overall pregnancy rates in the populations studied."
The Office of Violence Against Women within the Department of Justice (DOJ) has developed guidelines for the treatment of sexual assault victims. The guidelines, released in September 2004, have been criticized by numerous organizations because they do not mention offering emergency contraception to female rape victims. In January 2005, a letter signed by 97 Members of Congress was sent to the Director of the Office on Violence Against Women expressing concern over the failure to mention emergency contraception and urging that the guidelines be changed to include such information.
Legislation introduced in the 110th Congress (S. 21/H.R. 819, H.R. 464, S. 1240, H.R. 2064/S. 1800, H.R. 2503, H.R. 2596/S. 1555) aims to ensure that Plan B is made available to women in general and sexual assault victims in particular or encourage education and provide information about Plan B. This report will be updated as events warrant.