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The New York Times, June 23,
2005
Bill Allows Sales
of Pill Over Counter
Author : MICHAEL COOPER and MARC SANTORA
The Republican-led State Senate passed a bill
on Wednesday that would allow pharmacists and
nurses to dispense the so-called morning-after
pill, which can prevent pregnancy after sex,
to women who do not have prescriptions.
Since the Democratic-led State Assembly has already
passed the bill, it will now be sent to Gov.
George E. Pataki, who will have to decide whether
to sign it. Seven other states have similar
laws.
Governor Pataki, a Republican who is planning
to decide soon whether to seek a fourth term
or explore a run for president, was noncommittal
on whether he would sign the bill, saying only
that he would take a look at it.
The pill, which has been shown effective at preventing
pregnancy if taken within 72 hours of unprotected
sex, has been at the center of a heated national
debate. It is classified as a contraceptive
and acts in most cases by preventing ovulation
or fertilization. Because it may also prevent
a fertilized egg from becoming implanted in
the uterus, it has also become a flashpoint
in the debate over abortion.
The federal Food and Drug Administration has
declined to allow the pill to be sold over
the counter, even though two of its advisory
committees voted in 2003 that it should be.
In Illinois, after some pharmacists balked
at dispensing the pills to women with prescriptions,
Gov. Rod R. Blagojevich issued an order requiring
them to.
The fact that New York's State Senate passed
the bill took some advocates and opponents
of the measure by surprise. Republican senators
opposed the bill by more than two to one, but
it had the support of almost all the Senate's
Democrats, and it passed -- 34 to 27, according
to officials -- after a pointed and sometimes
emotional debate.
The bill, which had been championed by Senate
Democrats for years, was pushed this year by
Senator Nicholas A. Spano, a liberal Republican
from an increasingly Democratic district in
Westchester who was re-elected in November
by only 18 votes.
The bill would allow pharmacists and registered
nurses who choose to participate to obtain
blanket prescriptions from doctors, naming
no individual patient, for the morning-after
pill. The pharmacists and nurses could then
dispense the pills to women and girls of any
age. Proponents say the measure will help women
get the pill early enough to be effective on
weekends, when seeing a doctor can be difficult.
Senator Spano, who argued on the floor that the
bill would reduce unwanted pregnancies and
therefore abortions, said afterward that it
was ''the most difficult and controversial
bill'' that he had sponsored in his 27 years
as a legislator.
The debate ranged from the theological to the
political, as lawmakers cited the position
of Pope Benedict XVI and disagreed over whether
the pill was a contraceptive or caused abortion.
Joseph L. Bruno, the Senate majority leader,
broke ranks with his party to support the measure.
On the Senate floor, where most bills pass
with little debate, Senator Bruno said that
he was proud to support the bill, and that
others might disagree but they should not cast
moral judgment.
''I would not be judging others for having feelings,
when they become convinced that we are doing
the right thing to avoid unwanted pregnancies,''
he said, staring directly at members of his
own party who had already spoken against the
bill.
Senator Hugh T. Farley, an upstate Republican
who opposed the bill, said: ''I think it promotes
unprotected sex. It's a bad way to go.'' And
Senator James L. Seward, another upstate Republican,
said, ''I think that's a decision for the F.D.A.,
not the New York State Senate.''
Among the Democrats speaking for the measure,
Senator David A. Paterson, the minority leader,
took issue with the contention that the pill
causes abortion. ''It is preventative, which
is why it is a contraceptive,'' he said.
Advocates and opponents said they believed the
bill had been allowed to come to a vote to
help Senator Spano hold onto his seat in Westchester,
and, by extension, help the Republicans retain
to their dwindling control of the Senate. They
have 35 of the Senate's 62 seats.
Kelli Conlin, executive director of Naral Pro-Choice
New York, an abortion rights advocacy group,
said her organization had worked hard to get
Senator Spano re-elected. ''We have never worked
so hard to bring our political influence to
bear,'' she said, adding, ''This sends a clarion
call to the Bush administration and the F.D.A.
that New York State will not tolerate rigid
ideology trumping good science and good health
policy for women.''
Opponents were caught off guard by the support
for the bill, thinking as late as Wednesday
morning that it might not pass. Kathleen M.
Gallagher, the director of anti-abortion activities
for the New York State Catholic Conference,
said she was disappointed but vowed to fight
to prevent the bill from becoming law. ''We
have a network of Catholics throughout the
state which we are going to mobilize to contact
the governor to veto the bill,'' she said.
The bill puts Governor Pataki in a tough position.
Although he has supported abortion rights as
well as past efforts to make this pill more
easily available to rape victims, it will land
on his desk just as he is considering his political
future. If he decides to run for a fourth term
as governor, lawmakers said, signing the bill
could help him politically. If he runs for
president, it could help his conservative critics.
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