46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO HEALTH EDUCATION; ENACTING THE EMERGENCY CONTRACEPTION ACT; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Emergency Contraception Act".

Section 2. LEGISLATIVE FINDINGS.--The legislature finds that:

A. each year, three million pregnancies, or one- half of all pregnancies, in the United States are unintended, and one-half of all of those unintended pregnancies end in abortion;

B. the federal food and drug administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy, reducing that risk by as much as eighty-nine percent;

C. the most commonly used forms of emergency contraception are regimens of ordinary birth control pills taken at specific doses within seventy-two hours of unprotected intercourse or contraception failure;

D. emergency contraception, also known as post-coital contraception, is a responsible means of preventing pregnancy that works like other hormonal contraception to delay ovulation, prevent fertilization or prevent implantation;

E. emergency contraception does not cause abortion and will not affect an established pregnancy;

F. it is estimated that the use of emergency contraception could cut the number of unintended pregnancies in half, thereby reducing requests for abortion;

G. emergency contraception use in the United States remains low because as many as nine out of ten women of childbearing age are unaware of the availability of this method of contraception;

H. although the American college of obstetricians and gynecologists recommends that doctors routinely offer women of reproductive age a prescription for emergency contraception pills during their annual visit, only one in five obstetricians or gynecologists routinely discusses emergency contraception with patients, suggesting a need for greater provider and patient education;

I. in light of their safety and efficacy, both the American medical association and the American college of obstetricians and gynecologists have endorsed more widespread availability of emergency contraceptive pills and have recommended that emergency contraceptive products be available without a prescription;

J. a publication of the federal office of the surgeon general, Healthy People 2010, establishes a ten-year national public goal of increasing the proportion of health care providers who provide emergency contraception to their patients; and

K. public awareness campaigns targeting women and health care providers will help remove many of the barriers to emergency contraception and will help bring this important means to prevent unintended pregnancy to American women.

Section 3. DEFINITIONS.--As used in the Emergency Contraception Act:

A. "department" means the department of health;

B. "emergency contraception" means a drug or device that is:

(1) used after unprotected sexual intercourse or after contraception failure;

(2) taken to prevent pregnancy by preventing ovulation or fertilization or implantation of an egg in a uterus; and

(3) approved by the federal food and drug administration that prevents pregnancy;

C. "health care provider" means a person licensed or certified pursuant to state law to provide health care services who is operating within the scope of that license; and

D. "medically and factually accurate and objective" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and standards; published in peer-reviewed journals; and recognized as accurate and objective by leading professional organizations and agencies with relevant expertise in the field of obstetrics and gynecology, such as the American college of obstetricians and gynecologists.

Section 4. DEPARTMENT PUBLIC EDUCATION PLAN.--

A. The department shall develop and implement a public education plan to increase both awareness about and accessibility to emergency contraception in New Mexico. The plan shall be completed on or before September 30, 2003.

B. The department's plan shall include a public information program about emergency contraception providing, at minimum:

(1) a description of emergency contraception;

(2) an explanation of the safety, efficacy and availability of emergency contraception; and

(3) an explanation of the dosage required and the timing of the use of emergency contraception to obtain the greatest probability of preventing an unintended pregnancy.

C. Outreach efforts included in the department's plan shall provide public education about emergency contraception through the use of radio or television public service announcements, information booths at public events or places, outdoor advertising and other methods of reaching the public with information about emergency contraception.

Section 5. HEALTH CARE PROVIDER PROGRAM.--The department, at minimum, shall:

A. develop and implement an emergency contraception information and training program to enable health care providers to effectively disseminate emergency contraception in a medically and factually accurate and objective manner;

B. provide materials that can be used by health care providers that explain the use, safety, efficacy, availability and prescription protocols for use of emergency contraception;

C. provide health care providers with materials that may be disseminated to patients and with information about obtaining additional information and public education materials for dissemination to patients and staff;

D. recommend and actively encourage the appropriate use and prescribing of emergency contraception by health care providers; and

E. provide information to health care providers.

Section 6. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from the general fund to the department of health for expenditure in fiscal year 2004 to implement the Emergency Contraception Education Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

Section 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.