BILL REQ. #:  S-5037.1 

READ FIRST TIME 02/03/06.   

     TO THE HONORABLE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO DR. ANDREW C. VON ESCHENBACH, ACTING DIRECTOR OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION:
     We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
     WHEREAS, No primary form of contraceptive is totally effective in preventing unintended or undesired pregnancies in women; and
     WHEREAS, Many women would prefer an optional method of preventing such pregnancies other than abortion; and
     WHEREAS, A prescription emergency contraceptive for women, commonly referred to as "Plan B," was approved in 1999 by the United States Food and Drug Administration (FDA); and
     WHEREAS, In 2003, the FDA's Nonprescription Drugs and Reproductive Health Drugs Advisory Committees strongly recommended that "Plan B" be sold over-the-counter without a prescription; and
     WHEREAS, In May 2004, the FDA, ignoring the advice of their own scientific advisory committee, issued a letter of nonapproval for over-the-counter distribution of "Plan B"; and
     WHEREAS, In June 2004, the United States Senate requested a Government Accountability Office (GAO) investigation and committee hearings into whether the FDA violated procedures and "ignored scientific evidence to arrive at its decision"; and
     WHEREAS, In November 2005, the GAO issued its report on the FDA's "Plan B" decision and found that the FDA did not follow normal procedures in making its decision not to approve "Plan B" for over-the-counter status and had done so without proper review of scientific evidence before rendering the decision; and
     WHEREAS, Both Susan Wood, director of FDA's Office of Women's Health and Dr. Frank Davidoff, a consultant to the FDA Nonprescription Drugs Advisory Committee resigned their positions in protest over the FDA's decision on "Plan B"; and
     WHEREAS, Washington State has allowed specially trained pharmacists with a collaborative agreement with a physician or other prescriber to prescribe and dispense emergency contraception since 1997, which may have contributed to a decline in abortion rates; and
     WHEREAS, Other states and Canada have also provided for over-the-counter distribution of "Plan B"; and
     WHEREAS, As of January 2006, no decision on over-the-counter distribution of "Plan B" has been issued by the FDA;
     NOW, THEREFORE, Your Memorialists respectfully pray that the President, Congress, and the United States Food and Drug Administration take necessary action to grant over-the-counter access status to "Plan B," an effective and safe emergency contraceptive option, for all women.
     BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, Dr. Andrew C. Von Eschenbach, the Acting Director of the United States Food and Drug Administration, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.