BILL ANALYSIS AB 1860 Page 1 Date of Hearing: April 10, 2002 ASSEMBLY COMMITTEE ON APPROPRIATIONS Carole Migden, Chairwoman AB 1860 (Migden) - As Introduced: January 31, 2002 Policy Committee: Public SafetyVote: 5-1 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY As proposed to be amended, this bill requires that emergency contraception (EC) be dispensed - if so requested - to female victims of sexual assault by emergency rooms that provide rape services. FISCAL EFFECT Based on 9,785 rapes reported in 2000, if half of these cases requested EC, at a cost of about $24 per person, the annual cost would be about $120,000. These costs are state-reimbursable, though the bill - as proposed to be amended - specifies that the cost of the EC medication is to be assumed by insurance carriers or any public assistance to which the victim is entitled. COMMENTS 1)Rationale . According to the author, about one in 10 women who are sexually assaulted will become pregnant by an attacker. About half of these pregnancies end in abortion. This bill requires that EC - not abortifacients - be made available in emergency rooms that provide services to rape victims. EC can safely prevent pregnancy within 72 hours after a rape and can reduce the risk of pregnancy by as much as 95%. Proponents note many hospitals do not provide information about, or access to, emergency contraception, even to women requesting it. 2)Current law requires the protocol for the examination and treatment of victims of sexual assault, attempted sexual assault, and child molestation include the following: AB 1860 Page 2 a) Obtaining consent for examination and treatment of injuries, collection of evidence, and photographing of injuries; b) Taking a patient history of sexual assault and other relevant medical history; c) Setting forth procedures for the preservation and disposition of physical evidence. d) A baseline gonorrhea culture, syphilis serology, and specimens for a pregnancy test if indicated by the history of contact. 3)Amendments . The author will propose amendments to specify that the cost of the EC be covered by insurance - private or public - whenever possible, as well as amendments deleting the requirement that the hospital provide counseling regarding the risk of pregnancy and options for post-coital contraception. 4)Related Legislation : SB 1169 (Alpert), Statutes of 2001, authorizes pharmacists to initiate EC therapy in accordance with standardized procedures or protocols developed by the pharmacist and an authorized prescriber. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081