Plan B's second act

FOR MORE than two years, the Food and Drug Administration has played politics and stalled on a decision that could cut in half the 3 million unplanned pregnancies and many of the abortions that occur each year. Rejecting the advice of its independent advisory board in 2003, the agency has balked at granting approval to over-the-counter sales of a morning-after contraceptive called Plan B. Conservative groups oppose broader access to the medication, which consists of heavy doses of birth control pills, because they believe it would encourage promiscuity and acts as a kind of abortion.

On Monday, the FDA inched closer to allowing Plan B to be sold without a prescription. It notified the drug's maker, Barr Pharmaceuticals Inc., that approval might be possible if Barr limited sales to women 18 and older and created separate packaging to distinguish between over-the-counter and prescription sales. This is a welcome development, but the senators who have sought to block confirmation of the FDA's acting commissioner because of the agency's intransigence on this issue should stay the course until it has formally approved non prescription sales.

The timing of Monday's announcement was telling, as it came one day before yesterday's Senate hearing on the confirmation of acting commissioner Andrew von Eschenbach. Senators who remain skeptical about the FDA's commitment to follow through on Plan B have good reason to hold off on his confirmation. When his predecessor, Lester Crawford, was up for confirmation in 2004, senators who favor Plan B over-the-counter sales delayed confirming him until he promised a decision on the emergency contraceptive. The senators felt duped when Crawford's ``decision" turned out to be continued inaction.

Whatever happens at the federal level, Plan B will be increasingly available without a prescription for women of all ages in Massachusetts. Last year, the Legislature enacted a law over Governor Romney's veto that permits over-the-counter sales by pharmacists who have undergone special training and consulted with physicians. The Planned Parenthood League of Massachusetts says that more than a dozen pharmacies already sell Plan B over the counter. Eight other states have similar laws.

Plan B works primarily by blocking fertilization or preventing a fertilized egg from implanting in the womb. This is preventing pregnancy, not ending it. The pill should be available without a prescription to women of all ages. But even sales to older women would represent progress. Until this step is taken, senators should keep von Eschenbach's confirmation on hold.