In February 2024, work commenced in the Sejm on a bill amending the Pharmaceutical Law, with the aim of introducing broad access to emergency contraception (the so-called "morning-after pill") without a prescription. Currently, such a preparation can only be obtained after receiving an e-prescription. What does the project envisage, and will it come into effect?
💡 Key takeaways
- The draft amendment to the Pharmaceutical Law assumes easier access to emergency contraception (in particular, preparations containing ulipristal acetate) without the need for a doctor's visit.
- The morning after pill it is not an early-term abortion pill – its action is to prevent fertilisation and implantation of the cell, not to destroy an implanted embryo.
- Over-the-counter access from the age of 15 is consistent with legal and biological conditions, as sexual intercourse is legally permitted from the age of 15 in Poland.
- In as many as 26 European Union countries, emergency contraception is available over the counter, and in several (e.g., France, Spain) it is fully reimbursed.
Given that the possibility of procreation (sexual intercourse from the age of 15) is being legalised, it should all the more be legalised to easily prevent young women from becoming pregnant.
Access to the morning-after pill without a prescription - what does the bill propose?
The draft amendment – what exactly does it involve?
Making emergency contraception more accessible was one of the demands of the currently ruling coalition, which wishes to increase women's rights. The draft amendment to the Pharmaceutical Law Act is very brief. It aims to amend Article 96 by authorising the Minister of Health to determine lists of products available without a prescription based on the appropriate Over-The-Counter (OTC) categories granted within the centralised EU procedure.
The amendment is not intended to provide unlimited access to all contraceptives, but specifically relates to so-called "emergency contraception" – a single medicinal product containing ulipristal acetate (e.g. the preparation EllaOnewhich has had OTC (over-the-counter) status in the EU since January 2015, on account of successfully passing stringent clinical trials.
Biological justification for the introduced act
The justification for introducing the amendment is also based on biological development. Full reproductive capacity usually occurs around the age of 15, which coincides with the legally permitted age of sexual consent in Poland (and even, in certain cases, the possibility for a woman to marry with the consent of the family court). The current level of awareness means that many mothers accompany their teenage daughters to the gynaecologist for contraceptive purposes. Enabling access to emergency contraception relieves them of the pressure of an unwanted pregnancy, for which they are neither financially nor psychologically prepared.
Is this an morning-after pill?
It is worth noting: The 'morning after' pill is not an abortifacient or an early abortion pillSuch action can only be spoken of when the embryo has already implanted in the uterus. The EllaOne preparation prevents fertilisation and implantation of the egg cell itself. Equating these means with abortion is a flawed argument made by opponents with opposing worldviews.
The project justification also indicates the desire to limit the age of access to these products for children before the completion of sexual maturation, but after exceeding this limit, independence in acquisition should be allowed without the need for a doctor's visit.
Does the amendment have a chance of coming into force?
As of 8 March 2024, work on the project was ongoing in the Senate. If passed by the upper house, the bill would go to the President's desk. The President's media statements (describing the pill as a "hormonal bomb") cast a shadow over its final enactment due to the risk of a veto. Regardless of the presidential decision, so-called "prescription machines" are already operating effectively in Poland, through which a prescription for the "morning-after pill" can be obtained purely formally in a few minutes online – making the current restrictions almost fictional.
European context and social awareness
A report on emergency contraception in 28 countries of the European Union and the United Kingdom indicates that emergency contraception is available in as many as 26 countries. Over-the-counterFurthermore, in many of them (Belgium, France, Greece, Spain, Ireland) this purchase is even refunded by the state.
The situation of women's rights in Poland is a highly controversial topic, often based on worldview and religious premises rather than medical ones. The top-down blocking of access to "morning-after" pills deviates from European standards, where safety and education are prioritised.