# So, is the FDA's Plan C for Plan B going to fly?

**URL:** <https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166>\
**Category:** In My Humble Opinion\
**Created:** [May 1, 2013, 1:21am UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166 "2013-05-01T01:21:09Z")\
**Posts on this page:** 19\
**Page:** 1

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**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\
**Post date:** [May 1, 2013, 1:21am UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/1 "2013-05-01T01:21:09Z")

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Plan A was to make Plan B (“The morning after pill”) available without a prescription to women 18 and older, but prescription only to those under 18.

Then they changed it to without a prescription for 17 and under.

[Court said](http://www.huffingtonpost.com/2013/04/05/morning-after-pill_n_3019579.html), “nuh-uh, you have to remove the age restriction, there’s no good science behind it.”

Now the FDA is revising their approval to [non-prescription for 15 and over](http://www.huffingtonpost.com/2013/04/30/plan-b-over-the-counter-morning-after-pill-age-15_n_3188432.html).

[15 is still an age restriction.](http://www.npr.org/blogs/health/2013/04/30/180133269/fda-oks-prescription-free-plan-b-pill-for-women-15-and-up)

Think they’ll get away with it?

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**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [May 1, 2013, 1:49am UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/2 "2013-05-01T01:49:09Z")

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What really bugs me is that they didn’t approve the generic 2-pill option for 15-yr-olds, just the (more expensive?) Plan B 1-pill non-generic option.

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**Author:** ![GilaB](https://avatars.discourse-cdn.com/v4/letter/g/8e7dd6/32.png) [@GilaB](https://boards.straightdope.com/u/GilaB)\
**Post date:** [May 1, 2013, 8:11pm UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/3 "2013-05-01T20:11:20Z")

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What’s not clear to me is how a 15-year-old is supposed to prove her age. Most teens don’t have a government-issued ID document at that age, other than birth certificates and perhaps passports.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [May 1, 2013, 9:55pm UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/4 "2013-05-01T21:55:43Z")

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It may still be an age restriction, but, according to what you’ve said, it’s a different kind of one. We have many laws that require you to be over a certain age, but not many that require you to be under one.

You’ll have to ask one of our legal eagles if that is relevant.

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**Author:** ![DiosaBellissima](https://avatars.discourse-cdn.com/v4/letter/d/a8b319/32.png) [@DiosaBellissima](https://boards.straightdope.com/u/DiosaBellissima)\
**Post date:** [May 1, 2013, 10:18pm UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/5 "2013-05-01T22:18:50Z")

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> [@GilaB](#):
>
> What’s not clear to me is how a 15-year-old is supposed to prove her age. Most teens don’t have a government-issued ID document at that age, other than birth certificates and perhaps passports.

When I was 16 and used to go to Planned Parenthood, they’d just ask your birthdate and that was that. You didn’t have to prove anything. I suspect folks will be very liberal with this policy. “Are you 15? Good. Here you go.” Rarely are these things treated the same way, say, booze is.

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**Author:** ![qubed](https://avatars.discourse-cdn.com/v4/letter/q/f07891/32.png) [@qubed](https://boards.straightdope.com/u/qubed)\
**Post date:** [May 1, 2013, 10:24pm UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/6 "2013-05-01T22:24:16Z")

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From the HuffPo article: “The FDA said Tuesday’s decision was independent of the court case and wasn’t intended to address it.”

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**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\
**Post date:** [May 1, 2013, 10:44pm UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/7 "2013-05-01T22:44:48Z")

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> [@BigT](#):
>
> It may still be an age restriction, but, according to what you’ve said, it’s a different kind of one. We have many laws that require you to be over a certain age, but not many that require you to be under one.

It’s exactly the same “kind of one” that the court said they couldn’t have, only two years younger.

**needscoffee** , I totally missed that. Hmmm. I think while at first glance I’m not happy either, I could at least see an argument to be made that a 2 dose regimen requires a higher level of responsibility, judgement and understanding of medication administration instructions that a 12 or 13 year old might not have on her own. I’d find that argument weak at 15, however.

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**Author:** ![Yarster](https://avatars.discourse-cdn.com/v4/letter/y/7c8e57/32.png) [@Yarster](https://boards.straightdope.com/u/Yarster)\
**Post date:** [May 1, 2013, 10:50pm UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/8 "2013-05-01T22:50:03Z")

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I’d have to agree with **DiosaBellisima** on this. They may require an age restiction on the books, for legal reasons but in reality, I have to believe anyone who wants it can get it, or else will get someone over the designated non-presciption age to buy it for them (just like booze). I can’t believe Planned Parenthood would turn anyone away at any age if the girl/woman had hit puberty.

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**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\
**Post date:** [May 1, 2013, 10:57pm UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/9 "2013-05-01T22:57:33Z")

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> [@Yarster](#):
>
> I can’t believe Planned Parenthood would turn anyone away at any age if the girl/woman had hit puberty.

I find it very easy to believe. [Anti-abortion groups send young women into Planned Parenthood to try and get them to break laws quite often](http://jezebel.com/5904430/the-idiotic-new-sting-operation-against-planned-parenthood). Planned Parenthood, in particular, has to be exceedingly careful to follow the law, as they’re an easy target for legal action.

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**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\
**Post date:** [May 2, 2013, 12:01am UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/10 "2013-05-02T00:01:53Z")

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I don’t think they’ll get away with it. If I remember the court decision correctly, it wasn’t only an issue of no good science behind it. There was also an issue of the FDA having the authority to make a drug either prescription or non-prescription, and no authority for this hybrid designation. And the judge gave the FDA 30 days to make it available without prescription for all ages, and specifically directed the agency not to use the rule-making process to drag it out. If the ruling isn’t followed, I suspect someone will be found in contempt unless a stay pending appeal was granted (and I haven’t seen anything about that)

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**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\
**Post date:** [May 2, 2013, 12:40am UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/11 "2013-05-02T00:40:48Z")

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> [@Yarster](#):
>
> I’d have to agree with **DiosaBellisima** on this. They may require an age restiction on the books, for legal reasons but in reality, I have to believe anyone who wants it can get it, or else will get someone over the designated non-presciption age to buy it for them (just like booze). I can’t believe Planned Parenthood would turn anyone away at any age if the girl/woman had hit puberty.

You have to be over 15 to buy it over the counter. However, I believe a doctor can still prescribe it at any age. (I see nothing in the announcement that changed that.) Wouldn’t a Planned Parenthood clinic have a doctor (or other authorized medical professional) on staff to dispense the pill?

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**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\
**Post date:** [May 2, 2013, 12:49am UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/12 "2013-05-02T00:49:35Z")

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Looks like they might get away with it.

> [@](#):
>
> The Justice Department said on Wednesday that it would appeal a federal judge’s order to make the most common morning-after contraceptive available without a prescription for girls and women of all ages.
> 
> \<snip\>
> 
> The Justice Department’s action will not affect that F.D.A. decision. Rather, the department is seeking to overturn a much broader order by the judge that removed restrictions for all ages and for generic versions of the pill, not just Plan B One-Step. The order, issued on April 5 by Judge Edward R. Korman of United States District Court for the Eastern District of New York, gave the F.D.A. 30 days to comply.
> 
> On Wednesday, the Justice Department also asked Judge Korman to stay his order pending the results of the appeal.

[http://www.nytimes.com/2013/05/02/health/us-will-appeal-order-on-morning-after-pill.html?\_r=0](http://www.nytimes.com/2013/05/02/health/us-will-appeal-order-on-morning-after-pill.html?_r=0)

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**Author:** ![Blackberry](https://avatars.discourse-cdn.com/v4/letter/b/ecd19e/32.png) [@Blackberry](https://boards.straightdope.com/u/Blackberry)\
**Post date:** [May 2, 2013, 1:11am UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/13 "2013-05-02T01:11:20Z")

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> [@WhyNot](#):
>
> It’s exactly the same “kind of one” that the court said they couldn’t have, only two years younger.
> 
> **needscoffee** , I totally missed that. Hmmm. I think while at first glance I’m not happy either, I could at least see an argument to be made that a 2 dose regimen requires a higher level of responsibility, judgement and understanding of medication administration instructions that a 12 or 13 year old might not have on her own. I’d find that argument weak at 15, however.

I don’t know, I think even a 12-year-old who is responsible enough to go and get Plan B can probably handle taking two doses.

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**Author:** ![DiosaBellissima](https://avatars.discourse-cdn.com/v4/letter/d/a8b319/32.png) [@DiosaBellissima](https://boards.straightdope.com/u/DiosaBellissima)\
**Post date:** [May 2, 2013, 1:14am UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/14 "2013-05-02T01:14:15Z")

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> [@Alley\_Dweller](#):
>
> You have to be over 15 to buy it over the counter. However, I believe a doctor can still prescribe it at any age. (I see nothing in the announcement that changed that.) Wouldn’t a Planned Parenthood clinic have a doctor (or other authorized medical professional) on staff to dispense the pill?

Granted, I’ve never been accused of looking underage, but I’ve never been carded any time I’ve gotten Plan B at the pharmacy. Granted, I’m 27 now, but I’ve been getting it since way back when. (FYI: I’m responsible, so responsible that I like to keep some on hand just in case).

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**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\
**Post date:** [May 2, 2013, 2:00am UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/15 "2013-05-02T02:00:39Z")

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> [@Blackberry](#):
>
> I don’t know, I think even a 12-year-old who is responsible enough to go and get Plan B can probably handle taking two doses.

I’d hope so, but I had a 12 year old (boy) who sometimes forgot he was doing the dishes \*while \*he was doing the dishes. Kids are brain damaged. 😃

It’s an argument; I’m not saying it’s a \*great \*argument. As far as I’m concerned, I’d rather a few flaky girls didn’t take it correctly and the pregnancy wasn’t prevented if it means that other girls can get it when they need it. It’s not like taking it incorrectly does actual damage; it just won’t work.

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**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [May 2, 2013, 9:08pm UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/16 "2013-05-02T21:08:18Z")

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FYI, I asked today at Walmart and Plan B costs $35 there, about the same as at Planned Parenthood. It costs $50 or more at many other pharmacies.

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**Author:** ![DiosaBellissima](https://avatars.discourse-cdn.com/v4/letter/d/a8b319/32.png) [@DiosaBellissima](https://boards.straightdope.com/u/DiosaBellissima)\
**Post date:** [May 2, 2013, 10:16pm UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/17 "2013-05-02T22:16:48Z")

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You can go to a website like [GoodRX](http://www.goodrx.com/) to check the price in your neighborhood, since it will vary. Speaking as someone sans insurance, that website is a godsend in many ways.

But yeah, the name brand (Plan B or Next Choice) is $38, but you can get the generic around here for as cheap as $15, depending on where you go and if they actually have it.

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**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [May 2, 2013, 10:26pm UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/18 "2013-05-02T22:26:17Z")

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> [@DiosaBellissima](#):
>
> You can go to a website like [GoodRX](http://www.goodrx.com/) to check the price in your neighborhood, since it will vary. Speaking as someone sans insurance, that website is a godsend in many ways.
> 
> But yeah, the name brand (Plan B or Next Choice) is $38, but you can get the generic around here for as cheap as $15, depending on where you go and if they actually have it.

What a great website! Thanks!

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**Author:** ![DiosaBellissima](https://avatars.discourse-cdn.com/v4/letter/d/a8b319/32.png) [@DiosaBellissima](https://boards.straightdope.com/u/DiosaBellissima)\
**Post date:** [May 2, 2013, 10:36pm UTC](https://boards.straightdope.com/t/so-is-the-fdas-plan-c-for-plan-b-going-to-fly/657166/19 "2013-05-02T22:36:55Z")

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> [@needscoffee](#):
>
> What a great website! Thanks!

No prob! If you’ve got a smart phone, they even have a handy app. I use it all the time.
