Vending Machines And Access To Birth Control

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Publish Date:
October 2, 2017
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Source:
SLS - Legal Aggregate
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Summary

Vending machines stocked with emergency contraceptive pills were installed on several campuses across the country this year, including Stanford. Known as the “morning-after” pill, it is effective in preventing pregnancy if taken before the egg has attached to the uterine wall (typically within 24 hours). Restrictions on use of the pill were lifted in 2013 when the Food and Drug Administration made the drug available over the counter. In this Q&A, Stanford Law Professor Michelle Mello discusses the “morning-after” pill, the regulation of it, and its availability.

Plan B One-Step is now an over-the-counter drug. Is it legal for women under 17 to buy it themselves? Do they need parental permission?

There are no age restrictions on purchasing Plan B (or generic equivalents) over the counter.  No ID or parental permission is required. A few states have laws that allow pharmacists to refuse to dispense medications based on personal beliefs, but as long as emergency contraception is stocked on store shelves rather than behind the pharmacy counter, the pharmacist doesn’t need to be involved.

Research has shown that some pharmacies are not making the drug available for over-the-counter purchase—and many pharmacists still believe they need to check ID before selling it to younger women. Is that legal? How can that be addressed?

There have been quite a few changes in the law over the last few years.  Sometimes it takes a while for everyone to catch up.  It’s also possible that these actions on the part of pharmacies reflect a moral objection to the broader availability of emergency contraception.

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