Kaiser Updates

The Senate Committee on Health, Education, Labor and Pensions on Aug. 1 plans to hold a confirmation hearing on the nomination of acting FDA Commissioner Andrew von Eschenbach to permanently head the agency, a committee spokesperson said Tuesday, Reuters reports. After President Bush nominated von Eschenbach, Sens. Patty Murray (D-Wash.) and Hillary Rodham Clinton (D-N.Y.) announced in a statement that they planned to place a hold on his confirmation vote in the Senate because of FDA's delay of a decision on Barr Laboratories' application for nonprescription sales of the emergency contraceptive Plan B for girls and women ages 17 and older. Murray spokesperson Alex Glass on Tuesday said the two senators still plan to block a vote on Eschenbach's confirmation. Rodham Clinton spokesperson Sarah Gegenheimer said, "We're still in the exact same place, with all the same issues".

The Washington state Board of Pharmacy on Thursday unanimously voted to reassess the language of a rule it preliminarily approved last month that would allow pharmacists who oppose emergency contraception to refuse to fill prescriptions for the medication, the Seattle Post-Intelligencer reports. The proposed rule also says that pharmacists cannot "obstruct a patient in obtaining a lawfully prescribed drug or device," and they must make an alternative available in a timely fashion if they "cannot dispense" a prescription. About 2,400 e-mails and letters commenting on the proposal have been sent to the board since June, most of which oppose the language in the rule, according to board Executive Director Steve Saxe. Opponents of the rule's language include Gov. Christine Gregoire (D) and some women's advocacy groups, while the Washington State Pharmacy Association supports the original proposal. The board plans to re-examine the language of the proposed rule at its August meeting.

White House Press Secretary Tony Snow on Monday said he "overstated the president's position" on human embryonic stem cell research when he said last week that President Bush "believes strongly that for the purpose of research it's inappropriate for the federal government to finance something that many people consider murder. He's one of them," the Washington Post reports. Snow made the comment last Tuesday when asked why Bush planned to veto a bill (HR 810) that would have expanded human embryonic stem cell research (New York Times, 7/25). White House Chief of Staff Josh Bolten on Sunday on NBC's "Meet the Press" was asked whether Bush agreed with Snow's comments that the destruction of fertilized embryos was equivalent to murder. Bolten said, "The president thinks that that embryo, that fertilized embryo, is a human life that deserves protection," adding, "I haven't spoken to him about the use of particular terminology." Snow added, "The president has said that he believes that embryonic stem cell research is the destruction of human life". Bush on Wednesday at a ceremony said that he vetoed the legislation because it "would support the taking of innocent human life in the hope of finding medical benefits for others".

Dave Gerdes, an attorney for the South Dakota State Medical Association, in a recent legal memo said that, under a revised state homicide law, physicians who violate a state law (HB 1215) that bans abortion except to save the life of the pregnant woman could be charged with first-degree murder, the AP/Aberdeen American News reports. The state Legislature last year approved an amended version of the state criminal code that changed the definition of first-degree murder to include the premeditated killing of "any unborn child," the AP/News reports. The ban, which has not yet taken effect, will be on the statewide ballot in November.

The Los Angeles Unified School District, and potentially several other school districts in Los Angeles County, through the federal Vaccines for Children Program plan to offer to female students starting the 2006-2007 school year Merck's human papillomavirus vaccine Gardasil, according to L.A. Unified officials, the Los Angeles Times reports. The Vaccines for Children Program provides no-cost immunizations to children covered by Medicaid, Alaska-native and American Indian children and some uninsured and underinsured children. FDA last month approved Gardasil for sale and marketing to girls and women ages nine to 26, and CDC's Advisory Committee on Immunization Practices later that month voted unanimously to recommend that all girls ages 11 and 12 receive the vaccine. ACIP also recommended that Gardasil be covered by the Vaccines for Children Program.

Amnesty International as soon as next year could decide on proposals that would support legal access to contraception and access to abortion in cases of rape or to save the life of the woman, the AP/San Diego Union-Tribune reports. The proposals arose from the group's program to curb violence against women. The group said issues such as forced marriage of young girls and illegal abortions also are being discussed. As a result of the proposals, some abortion-rights opponents and Roman Catholic officials are threatening to drop their membership and donations.

An Oregon initiative that would require physicians to notify by certified mail a parent or guardian at least 48 hours before performing an abortion on a minor ages 15 to 17 has qualified to be placed on the statewide ballot in November, the AP/OregonLive.com reports. Under the proposed notification initiative, which is sponsored by Oregon Right to Life, minors would be exempt from the measure if their life or health is at risk, and physicians who refuse to comply with the notification requirement would face civil penalties. The initiative also would allow for judicial bypass in cases of potential abuse.