Overture 04-66. On Urging the FDA to Make Emergency Contraception Available Over the Counter—From the Presbytery of Baltimore.

The Presbytery of Baltimore overtures the 216th General Assembly (2004) to approve the following resolution (in accordance with General Assembly guidelines “Forming Social Policy” paragraph 4):

Whereas, the Presbyterian Church (U.S.A.) and its predecessor denominations have frequently and consistently supported the availability of the means of contraception by adopting policy statements of which the following are key:

• 1959 (UPCUSA): “Urges the repeal of laws prohibiting the availability of contraceptives. ...” (Minutes, UPCUSA, 1959, Part I, p. 385].
  
• 1970 (UPCUSA): “Calls for repeal of laws hampering access to contraceptive help and equipment, recognizing the need to maintain proper professional control over the prescription and use of dangerous substances” (Minutes, UPCUSA, 1970, Part I, p. 891).
  
• 1971 (PCUS): “Calls for more vigorous, better coordinated and more adequately funded efforts to make available both the information and the means of birth control to all persons in this country” (Minutes, PCUS, 1971, Part I, p. 150).
  
• 1992 (PC(USA)): “Churches must ... support full and equal access to contraceptive methods” (Minutes, 1992, Part I, p. 371]; and

Whereas, the Presbyterian Church (U.S.A.) has similarly urged measures that would reduce the number of abortions:

• 1983: “We call upon Presbyterians to works for a decrease in the number of problem pregnancies, thereby reducing the number of abortions” (Minutes, 1983, Part I, p. 368); and “[The General Assembly] Affirms the church’s commitment to minimize the incidence of abortion and encourages sexual education and the use of contraception to avoid unintended pregnancies” (Minutes, 1983, Part I, p. 367).
  
• 1992: “Our denomination and its member congregations must commit themselves to reduce the overwhelming number of situations in which women choose to abort” (Minutes, 1992, Part I, p. 371); and

Whereas, emergency contraception (Plan B, levonorgestrel, manufactured by Women’s Capitol Corporation and to be marketed by Barr Laboratories) and Preven (ethinyl estadiol, manufactured by Gynetics Medical Products, N.V. of Belgium) is presently only available by prescription thus limiting its availability and the timeliness of its use, contrary to the principle of availability as enunciated by previous General Assemblies; and

Whereas, the timely use of emergency contraception can reduce the numbers of unwanted pregnancies and therefore abortions, consistent with clearly stated General Assembly policy; and

Whereas, emergency contraception has proven to be safe and reliable and, in December 2003, was recommended for over-the-counter sales by the Nonprescription Drugs and the Reproductive Health Drugs Advisory Committees to the Food and Drug Administration (FDA); and

Whereas, the FDA has announced that it has delayed its decision as to whether it will follow the recommendations of its advisory committees and make emergency contraception available over the counter; therefore, be it

Resolved, That the 216th General Assembly (2004) of the Presbyterian Church (U.S.A.) supports the availability of emergency contraception over the counter, without prescription, and does the following:

1. Directs the Stated Clerk to communicate the foregoing position to the commissioner of the Food and Drug Administration (FDA) with copies to the chair and ranking minority member of the Senate Committee on Health, Education, Labor and Pensions; the chairs and ranking minority members of the House Committee on Energy and Commerce and its Subcommittee on Health; the Secretary of Health and Human Services, and the president.

2. Authorizes and encourages the Presbyterian Washington Office, Health Ministries USA, Women’s Ministries, and Presbyterians Affirming Reproductive Options, to advocate for over-the-counter availability of emergency contraception, and encourages these entities to educate and inform Presbyterian women, and the society at large, about the availability, safety, and effectiveness of emergency contraception.

3. Encourages middle governing bodies to take appropriate measures to further these goals.

4. Directs that when educational curricula of the PC(USA) that deal with sexuality, reproduction, and contraception are revised, that the then current availability of emergency contraception and the moral and medical implications of its use and possible abuse be included in the revised materials.

Rationale

Women’s health advocates and other supporters of the over-the-counter availability of emergency contraception have feared the politicization of the FDA’s decision on this issue, and the delay recently announced by the FDA suggests that this fear is valid. If, in fact, political factors are likely to be determinative in the matter, then public policy advocacy is appropriate on an issue that should otherwise be resolved on its medical and public health merits.

The overwhelming support by the two advisory committees to the FDA makes it clear that from a medical and public health standpoint, emergency contraception should be more readily available.

The issue is not just the availability of emergency contraception, though that is the immediate concern, but also the education of women, especially young women, regarding its availability, use, and possible abuse. Therefore, the resolution addresses this issue and encourages agencies of the church to address it as well.