Time Magazine published a piece
this morning entitled Women Should Not
Have to Visit a Doctor For Birth Control about the legislation that
goes into effect this year allowing women in Oregon and California to get a
prescription for oral contraceptives from their pharmacist rather than first scheduling
a doctor appointment. The article further went on to say that while these laws
are a step in the right direction they don’t go far enough because ideally
women should be able to get oral contraceptives without a prescription. For years,
according to the author, the American College of Obstetrics and Gynecology
(ACOG) has recommended that oral contraceptives be made available over-the-counter, which is how contraceptives are
sold in 102 other countries in the world.
So it
would appear that if ACOG, the physician group with the most experience with the
pill, supports selling it over-the-counter, there would be no reason not to go
ahead and make the pill available over-the-counter. It may sound obvious, but it isn't happening (very quickly)- and it appears to be due to health insurance and the Affordable
Care Act (ACA).
One of the mandates of the ACA is
that it is necessary to have a prescription, even for an over-the-counter
medication, for insurance to cover the medication or for the patient to be able
to pay with Health Savings Account (HSA) or Flexible Spending Account (FSA)
funds. The Affordable Care Act also mandates that all FDA-approved contraception
is fully covered by health insurance.
California and Oregon have finagled
their way out of this tangle of regulations by having pharmacists prescribe
oral contraception, thus women have easier access to the drugs while guaranteeing
that oral contraceptives continue to be covered in full by health insurance
companies. Replacing physicians with pharmacists does lower the barrier, but it
doesn’t completely eliminate it. For example, Oregon’s
law requires pharmacists to consult with women who wish to obtain hormonal
contraceptives and ensure that the woman has a primary care physician for
follow-up. We don’t have these requirements for Tylenol
yet taking
more than the recommended amount of it can cause liver damage, ranging from
abnormalities in liver function blood tests, to acute liver failure, and even
death. Why do we place obstacles in the way of purchasing oral contraceptives
but not Tylenol? I don’t have hard evidence but I would bet that women are more
likely to discuss proper administration and any potential side effects of oral contraception
than of Tylenol with physicians or pharmacists.
Now, on to cost. Many democrats
argue that by making the pill available over-the-counter, patients would be
responsible for the full cost of the medication, thus circumventing the portion
of the ACA which mandates that all FDA-approved contraception is fully covered
by insurance. Due to this Senator Patty Murray of Washington recently
introduced the Affordability
Is Access Act which would require insurance companies to cover all FDA
approved contraception, even if some forms of contraception, like birth control
pills, become available without a prescription.
However, we know from past experience
that when prescription drugs become available over-the-counter, prices fall
dramatically. When the allergy medication Claritin became available
over-the-counter in 2002 the
cost of the drug fell by one-half or even more to about $1 a pill so that a
months supply cost roughly $30. When the generic version came on the market it sold
for about $0.35 a pill, or $10.50 a month. I checked the price of generic
Claritin at Walmart and it now sells for $0.124 a pill, or $3.71 for a thirty-day
supply. And this is the result of transferring just one drug to
over-the-counter status, not transferring a whole category of drugs! There are
currently 218
brand-name birth control pills and 21 generic birth control pills available
so if all of those suddenly became available over-the-counter cost would be
driven down quickly and dramatically. In fact, for those without health
insurance, Walmart right now offers a cash price of $9 for a one-month supply on nine
different generic oral contraceptives. So there is no reason to believe that oral contraception has to cost $600 a year.
It may appear that birth control
pills are now “free” for those with health insurance, but just because there is
no exchange of money when a woman picks up her oral contraception doesn’t mean
that the cost has vanished. It is naïve to think that health insurance
companies just eat the extra cost of paying for all FDA-approved contraception
in full. Instead of continuing to hide the inflated price of oral
contraceptives from consumers, now is the time to bring access to oral
contraceptives to every woman who is able to get herself to a pharmacy and to
bring down the true cost of oral contraception to a level that is affordable for
every woman.