Read the joint press release from NARAL Pro-Choice Massachusetts and Jane Doe Inc.

Download the results from the recent survey.

Read more coverage from The Boston Globe.

Melissa Kogut, Executive Director of NARAL Pro-Choice Massachusetts, said, "These policies are problematic because they leave open the possibility that a rape survivor may not have access to EC at a particular hospital. Women who have been raped should not have to worry about which hospital they go to. They deserve comprehensive, compassionate care wherever they go, and this includes the provision of EC to prevent pregnancy as a result of their assault."

Liza Sirota White, Education Manager at Jane Doe Inc., The Massachusetts Coalition Against Sexual Assault and Domestic Violence, said, "It is outrageous that a rape survivor seeking to prevent pregnancy would be forced to undergo a sexual assault evidence collection kit exam in order to receive treatment. No victim should be forced to undergo any portion of the evidence collection kit exam under any circumstances and certainly not when she is seeking access to time sensitive and critical pregnancy prevention with EC."

NARAL Pro-Choice Massachusetts conducted the telephone survey of hospital emergency departments in February and March 2006. In the survey, a rape counselor called on behalf of a potential client to assess whether she could obtain emergency contraception (EC) pills at each hospital. The survey was designed to assess compliance with the EC law, which went into effect on December 14, 2005.

NARAL Pro-Choice Massachusetts sent letters to each hospital outlining their responses to the survey. This information was provided with the goal of assisting hospitals in assessing implementation of the new law and ensuring that accurate information is given to the public in the future. A letter was also sent to the Commissioner of Public Health detailing the results of the survey.

"We look forward to working with the new Governor and his administration to ensure that the EC law is fully implemented," said Kogut.

The responses given in the NARAL Pro-Choice Massachusetts study may not reflect official hospital policy, but they may indicate a problem with hospital practice. Jane Doe Inc. conducted a follow-up study from April-July 2006 in which hospital administrators were asked about their official hospital policies and any changes since the implementation of the EC law. Over 75% of hospitals participated in Jane Doe Inc.'s follow-up survey.

"All of the hospitals that responded to our survey stated that they were in compliance with the law," said White, at Jane Doe Inc. "However, the survey illuminated the difference between official hospital policy and actual practice in some emergency departments. This is a serious problem and points to the need for increased staff training," White added.

"We were disappointed that some hospitals which appeared to be out of compliance according to the NARAL Pro-Choice Massachusetts study did not take the opportunity to clarify their hospital policies in the second survey," Kogut said.

All of the Catholic hospitals said they offered EC to rape survivors in some capacity, but 56% had serious limitations, according to the NARAL Pro-Choice Massachusetts survey.

The EC law also allows specially trained pharmacists who enter into an agreement with a physician to dispense EC to women of all ages who walk in without a prescription. To date, over 500 pharmacists have been trained, and women of all ages can access EC at dozens of pharmacies across the state without having to visit a doctor first. To find pharmacies with a specially trained pharmacist, women can go to www.massECnetwork.org/wheretoget/.

Since passage of the Massachusetts law, the FDA has approved the Plan B® emergency contraceptive for sale without a prescription to anyone ages 18 and older. While this greatly improves access, the Massachusetts EC law is still important for rape survivors. Since many women are unaware of EC, it is critically important for them to be offered information at the emergency department and for the treatment to be initiated upon their request. In addition, the EC law benefits women who are not eligible to buy Plan B® over-the-counter. Trained Massachusetts pharmacists will be able to provide needed access for women under 18, those without ID, and those who need a prescription for insurance coverage.

EC is an FDA approved safe and effective back-up birth control method for use after unprotected sex. EC can be used up to 5 days after unprotected sex to prevent pregnancy, but it is more effective the sooner it is taken. EC cannot interrupt an established pregnancy and will not work if a woman is already pregnant. EC is not the same as RU-486 and will not cause an abortion.

NARAL Pro-Choice Massachusetts is the state's leading advocate for privacy and a woman's right to choose.

Jane Doe Inc., The Massachusetts Coalition Against Sexual Assault and Domestic Violence, advocates for responsive public policy, promotes collaboration, raises public awareness, and supports its sixty-plus member organizations to provide comprehensive prevention and intervention services.