Kerry Howley | August 24, 2006
It's official: Women over 18 can now buy Plan B without a doctor's blessing. It only took three years, the resignation of Assistant FDA Commissioner Susan Wood, threats to block the confirmation of acting FDA Commissioner Dr. Andrew von Eschenbach, and an agreement not to sell to adolescents.
The well-mannered abstinence-boosters at The Concerned Women of America are not going to take this lightly: They're most displeased, and they're armed with ominous similes. Their August 22 statement explains:
The major problem with the proposed compromise is that it is totally unworkable. It makes about as much sense as acting as though a car with air bags wouldn't need to have its brakes serviced and kept in good repair.
As you're pondering that--and do let us know if you think of a good place to have abstinence serviced and repaired--check out Reason's expansive coverage of the Plan B imbroglio, from Ron Bailey's Abort Plan B! to my Immaculate Contraception. Bailey talks sex cults here and I analyze the morning-after compromise here.
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and do let us know if you think of a good place to have abstinence serviced and repaired
Why, just do a search:
http://www.google.com/search?hl=en&q=hymen+repair
The CWFA press release says "The legal can-of-worms that Plan B
unleashes is equally troubling. When something goes wrong, as it
inevitably will, where will the victims turn? To the drug store?
The pharmacist? Barr Laboratories? The FDA? Sadly, there will be no
recourse for those who fall victim to this social
experiment."
Because, of course, no one has ever before confronted the baffling
legal question of who bears liability in the realm of
pharmaceuticals. I'm pretty sure courts will even refuse to hear
cases about pharmaceuticals, because the question of whether it's
CVS, Barr, or the FDA that should get sued is just too
Gordian.
I love the pro-teen-pregnancy character of the eventual compromise
solution...
So, lemme get this straight:
We should require a mechanic's prescription for airbags because
otherwise people won't get their brakes checked? Don't people get
their brakes checked to avoid the hassle of crashing and dying? I'm
not sure I've ever heard someone say, ahh, fuck the brakes, I've
got an airbag.
These negotiated drug licensing schemes are unenforceable. Nothing would keep Barr from breaking the deal and distributing the drug via other channels. For that matter, nothing holds the pharmacy to the policy of requiring prescriptions for those under 18. States could pass laws requiring that, but how many would?
Great, just great. I was too young for the free-love 60's and 70's, now I'm too old for the crazy 00's teen sex cults. Eh well, it'd probably tick off the wife, anyway.
Having Plan B available over-the-counter is beyond-the-pale,
too, because already those targeted for its use (under
25-year-olds) are experiencing an epidemic of sexually transmitted
diseases.
Better that they should be pregnant and have an STD?
Plan B would offer no protection against STDs, of course, but
would provide a false sense of security for those involved in risky
sexual behavior and thus increase their risk of STDs.
If someone engages in risky sexual behavior, how secure they feel
is irrelevant to their chance of contracting an STD.
The answer is obvious. Restrict the sale of Plan B to people over
25 and only with prescriptions from two doctors.
Sell everyone else a coathanger.
Robert said:
These negotiated drug licensing schemes are unenforceable. Nothing would keep Barr from breaking the deal and distributing the drug via other channels. For that matter, nothing holds the pharmacy to the policy of requiring prescriptions for those under 18. States could pass laws requiring that, but how many would?
I wish you were right, but alas, no, no such sensible approach
would be permissible under the current law. Those under 18 will
have to have a medical abortion or use fake IDs, the way God
intended it to be.
Those under 18 will have to have a medical abortion or use fake
IDs, the way God intended it to be.
Or use straw purchasers.
Incidentally, anybody know if men will be permitted to buy these?
You know - equal treatment under the law and all...
How long before this scenario plays out in front of a Rite-Aid
Drug store.
Kid: Hey mister?
Adult: What? You want me to buy you a case of beer?
Kid: No, not that. Would you buy me some of those Plan B morning
after pills?
Can men, or only women buy the drug? I think it would be handy to have a bottle of the stuff in the kitchen to make a Plan B omelet the next morning. Would this be breaking a law?
None of it would be breaking a law. The FFDCA allows drugs to be marketed prescription or nonprescription, period. FDA & Barr negotiated a deal making it nonprescription with qualifications, but FDA is barred from enforcing (or making a law of) those qualifications.
Maybe you will have to sign a registry like some states are requiring for pseudephedrine purchases. Then the DEA can pay you a friendly visit to make sure it's not being used illegally.
While driving out to get dinner, I heard on the radio news that both men and women over 18 can buy Plan B.
Can men, or only women buy the drug? I think it would be handy
to have a bottle of the stuff in the kitchen to make a Plan B
omelet the next morning. Would this be breaking a law?
Comment by: Marty at August 24, 2006 07:49 PM
I think there's a problem with slipping people drugs in general. A
man could give his partner the ultimatum of having the plan B the
next morning or breaking up. This would be legal, but not exactly
kind. If they made that deal before having sex, well it's their
business, not mine.
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