Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 123, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to increase timely access to emergency contraception by allowing pharmacists to dispense emergency contraceptives in accordance with approved procedures and protocols developed by a pharmacist and physician.

The Board of Pharmacy, Board of Medical Examiners, Hawaii State Commission on the Status of Women, Hawaii Medical Association, Hawaii Medical Service Association, American Civil Liberties Union of Hawaii, Kaiser Permanente, Healthy Mothers, Healthy Babies Coalition of Hawaii, Community Clinic of Maui, Shoreview Pharmacy, Planned Parenthood of Hawaii, and several physicians and pharmacists submitted testimony in support of this bill. The Department of Health provided testimony in support of the intent of this bill.

Your Committee finds that the Food and Drug Administration approved emergency contraception products in 1998 and 1999 based on data that showed these products to be very safe and effective. Currently, emergency contraception may be obtained over the counter without a prescription in England, France, Denmark, Sweden, Belgium, Alaska, California, and Washington. Your Committee finds that following approval of legislation enabling over-the-counter dispensing in Washington, the state experienced a significant savings of $22,000,000 in Medicaid expenditures over a six-year period for families in the Temporary Assistance to Needy Families Program.

Your Committee finds that emergency contraception reduces a woman's risk of pregnancy if taken within 72 hours of unprotected sex. However, emergency contraception is more effective when taken within 24 hours after unprotected sex, and the ability to obtain a prescription within that time period is of critical importance.

In Hawaii, where emergency contraception is only available through a physician, this option is often unavailable to women during the evenings or weekends when access to emergency contraceptives is most important. Furthermore, a recent study revealed extremely limited availability of emergency contraception in Hawaii by way of traditional points of access, such as emergency rooms, private physician offices, ambulatory clinics, and pregnancy counseling center.

Your Committee finds that allowing pharmacists to dispense emergency contraception will increase quality of patient care, provide consumers with meaningful access to the time-sensitive option of emergency contraception, and potentially result in an overall reduction in health care costs.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 123, H.D. 1, and recommends that it pass Third Reading.