Bill would ban over-counter sales of abortion pill

Bill would ban over-counter sales of abortion pill
As FDA examines nonprescription sales of drug, a state lawmaker aims to ward off its widened use.
Gary Heinlein / The Detroit News
November 25, 2005

LANSING -- A state lawmaker has introduced a bill to ban over-the-counter sales of the morning-after pill, a form of contraception that has become another flashpoint in the battle over reproductive rights and abortion.

Legislation sponsored by state Rep. John Stahl, R-North Branch, comes as Target Corp., one of America's biggest retailers, defends a new policy under which its pharmacists are excused from dispensing the drug if it violates their personal beliefs. Planned Parenthood says the policy disrespects customers' rights, even if the refusing pharmacist can simply hand the prescription to a fellow employee.

Stahl, meanwhile, wants to head off an expected loosening of restrictions on the drug, essentially a high-dose birth control pill taken within 72 hours after sex to prevent pregnancy. The federal Food and Drug Administration is considering whether to permit nonprescription sales of it.

"I don't think there's enough scientific evidence to allow that," Stahl said. He said he wants to prevent an increase in sexually transmitted diseases, which he believes might result from an increase in unprotected sex.

Some lawmakers also hope to incorporate policies like those of Target's pharmacists into state law. Bills pending in a House committee since last spring would allow health care workers and institutions to refuse to take part in types of care, such as contraception or sterilization, to which they object on moral or religious grounds.

"We just want to provide some protection for them," said state Rep. Scott Hummel, R-DeWitt, one of the sponsors. "In other parts of the country, we've seen efforts to force (medical workers) to participate in procedures when they won't want to."

Opposition to the legislation comes from those who argue women should have the right to an abortion and to choose whether to use contraception. Those groups include the American Civil Liberties Union and Planned Parenthood Affiliates of Michigan.

"It's unfortunate that members of the Michigan Legislature would put politics and ideology above women's health," said Sarah Scranton, executive director of Planned Parenthood in the state. "Religious beliefs shouldn't get in the way of providing care.

"Once you start opting out of something, who knows where it will go?" Scranton added. "Maybe you'll refuse gays with HIV, or people on the basis of race and ethnicity."

Michigan's lawmakers have the backing of organizations such as the Michigan Catholic Conference, which lists passage of a conscientious objector law for health care workers as one of its key legislative goals. The right to refuse a procedure that goes against one's beliefs is an essential part of religious freedom, officials of the Catholic Conference maintain.

"We already have conscience protection with regard to abortion -- no pharmacist nor physician nor nurse has to participate in that if it goes against their religious beliefs -- but this would cover other procedures, including some that might be down the road," said Paul Long, public policy vice president for the Catholic Conference.

Techniques involving stem cells or cloning are examples of possible future medical procedures that could violate religious beliefs, Long said.