,,ii #aacth ,,congress #b;d ,session ,s4 #bhgf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah1 #bjad ,mrs4 ,murray 7for herself1 ,mrs4 ,boxer1 ,ms4 ,warren1 ,mr4 ,blumenthal1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish a public education and awareness and access program relating to emergency contraception4 #a4 ,short title ,this ,act may be cited as the ,emergency ,contraception ,access and ,education ,act of #bjad4 #b4 ,findings ,congress makes the following findings3 7#a7 ,each year #c1djj1jjj pregnancies1 or one-half of all pregnancies1 in the ,united ,states are unintended1 and #d in #aj of these unintended pregnancies end in abortion4 7#b7 ,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 ages4 7#c7 ,research indicates that emergency contraception reduces the risk of pregnancy by up to #ie percent and emergency ,,iud insertion reduces the risk by #ii percent4 ,although more effective the sooner it is taken1 medical evidence indicates that emergency contraception can be effective up to #e days after unprotected intercourse or contraceptive failure4 7#d7 ,emergency contraception is a responsible means of preventing pregnancy that works like other hormonal contraceptives by suppressing or delaying ovulation1 which makes fertilization from unprotected intercourse unlikely if the medication is taken within #abj hours4 ,emergency contraception does not terminate an established pregnancy4 7#e7 ,most brands of emergency contraception consist of the same hormones found in other hormonal birth control4 7#f7 ,the percentage of sexually experienced women aged #ae to #dd in the ,united ,states who have ever used emergency contraception increased from #d4b percent in #bjjb to #aa percent in years #bjjf through #bjaj4 7#g7 ,a recent study by the ,guttmacher ,institute demonstrates that the rate of teen pregnancy in the ,united ,states has reached a historic low1 declining #ea percent since its peak in #aiij4 ,from #bjjh to #bjaj1 increasing proportions of women aged #ah and #ai reported becoming sexually active1 yet fewer of them got pregnant during this time period than in previous studies4 ,research suggests that increasing rates of contraceptive use may be associated with the decline in teen pregnancy4 7#h7 ,despite an increase in use1 significant disparities exist for young1 urban1 minority women who lack general knowledge about emergency contraception4 ,in fact1 #a in #d teens remain completely unaware of the method and its use4 7#i7 ,although the ,american ,college of ,obstetricians and ,gynecologists 7,,acog7 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 needed4 7#aj7 ,nearly #a out of #e ,american women is a victim of rape4 ,it is estimated that #be1jjj to #cb1jjj women become pregnant each year as a result of rape1 half of whom choose to terminate their pregnancy4 ,the risk of pregnancy after sexual assault has been estimated to be #d4g percent in adult survivors who were not protected by some form of contraception at the time of the attack4 ,if used correctly1 emergency contraception could help many of these rape survivors avoid the additional trauma of facing an unintended pregnancy4 7#aa7 ,only #ah ,states and the ,district of ,columbia require hospital emergency rooms to provide emergency contraception-related services to survivors of sexual assault4 ,of those1 only #ac ,states and the ,district of ,columbia require hospital emergency rooms to provide emergency contraception upon request to survivors of sexual assault4 ,nine ,states have adopted restrictions on emergency contraception1 and six ,states explicitly allow pharmacists to refuse to dispense emergency contraception4 7#ab7 ,in light of their safety and efficacy1 the ,american ,medical ,association1 ,american ,academy of ,pediatrics1 ,american ,women's ,medical ,association1 ,society for ,adolescent ,medicine1 and the ,american ,college of ,obstetricians and ,gynecologists have endorsed more widespread availability of emergency contraceptives4 7#ac7 ,healthy ,people #bjbj1 published by the ,office of ,disease ,prevention and ,health ,promotion 7,,odphp71 establishes a #aj-year national public health goal of increasing the proportion of publicly funded health care providers who provide emergency contraception to their patients1 and reducing the number of unintended pregnancies by #aj percent4 7#ad7 ,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 ,states4 #c4 ,definitions ,in this ,act3 7#a7 ,emergency contraception ,the term emergency contraception means a drug or device 7as such terms are defined in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba771 or drug regimen that-- 7,a7 is used postcoitally2 7,b7 prevents pregnancy primarily by preventing or delaying ovulation1 and does not terminate an established pregnancy2 and 7,c7 is approved by the ,food and ,drug ,administration4 7#b7 ,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 license4 ,such term shall include a pharmacist4 7#c7 ,hospital ,the term hospital means-- 7,a7 a hospital as defined in section #ahfa7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7e772 and 7,b7 a critical access hospital as defined in section #ahfa7mm77#a7 of such ,act 7#db ,u4,s4,c4 #aciex7mm77#a774 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#f7 ,sexual assault 7,a7 ,in general ,the term sexual assault means a sexual act 7as defined in subparagraphs 7,a7 through 7,c7 of section #bbdf7b7 of title #ah1 ,united ,states ,code7 where the victim involved does not consent or lacks the capacity to consent4 7,b7 ,application of provisions ,the definition in subparagraph 7,a7 shall apply to all individuals4 #d4 ,survivors of sexual assault2 provision by hospitals of emergency contraception without charge 7a7 ,in general ,federal funds may not be provided to a hospital under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 or to a ,state1 with respect to services of a hospital1 under title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq471 unless such hospital complies with the conditions specified in subsection 7b7 in the case of-- 7#a7 any woman who arrives at the hospital and states that she is a victim of sexual assault1 or is accompanied by someone who states she is a victim of sexual assault2 and 7#b7 any woman who arrives at the hospital whom hospital personnel have reason to believe is a victim of sexual assault4 7b7 ,assistance for victims ,the conditions specified in this subsection regarding a hospital and a woman described in subsection 7a7 are as follows3 7#a7 ,the hospital promptly provides the woman with medically and factually accurate and unbiased written and oral information about emergency contraception1 including information explaining that-- 7,a7 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 manner2 7,b7 emergency contraception is more effective the sooner it is taken2 and 7,c7 emergency contraception does not cause an abortion and cannot interrupt an established pregnancy4 7#b7 ,the hospital promptly offers emergency contraception to the woman1 and promptly provides such contraception to her at the hospital on her request4 7#c7 ,the information provided pursuant to paragraph 7#a7 is in clear and concise language1 is readily comprehensible1 and meets such conditions regarding the provision of the information in languages other than ,english as the ,secretary may establish4 7#d7 ,the services described in paragraphs 7#a7 through 7#c7 are not denied because of the inability of the woman or her family to pay for the services4 7c7 ,effective date2 agency criteria ,this section shall take effect upon the expiration of the #ahj-;day period beginning on the date of the enactment of this ,act4 ,not later than #cj days prior to the expiration of such period1 the ,secretary shall publish in the ,federal ,register criteria for carrying out this section4 #e4 ,emergency contraception education and information programs 7a7 ,emergency contraception public education program 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall develop and disseminate to the public information on emergency contraception4 7#b7 ,dissemination ,the ,secretary may disseminate information on emergency contraception under paragraph 7#a7 directly or through arrangements with health agencies1 professional and nonprofit organizations1 consumer groups1 institutions of higher education1 clinics1 the media1 and ,federal1 ,state1 and local agencies4 7#c7 ,information ,the information on emergency contraception disseminated under paragraph 7#a7 shall include1 at a minimum1 the most current evidence-based and evidence-informed standards of care with respect to emergency contraception and an explanation of the proper1 use1 safety1 efficacy1 counseling and availability of such contraception4 7b7 ,emergency contraception information program for health care providers 7#a7 ,in general ,the ,secretary1 acting through the ,administrator of the ,health ,resources and ,services ,administration and in consultation with major medical and public health organizations1 shall develop and disseminate to health care providers information on emergency contraception4 7#b7 ,information ,the information disseminated under paragraph 7#a7 shall include1 at a minimum-- 7,a7 information describing the most current evidence-based and evidence-informed standards of care1 proper use1 safety1 efficacy1 counseling and availability of emergency contraception2 7,b7 a recommendation regarding the use of such contraception in appropriate cases2 7,c7 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 services2 and 7,d7 information explaining how to obtain copies of the information developed under subsection 7a7 for distribution to the patients of the providers4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 such sums as may be necessary for each of the fiscal years #bjad through #bjah4