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In a surprise move, Sebelius invoked her authority as the HHS's head to overrule the recommendation of the FDA's Center for Drug Evaluation and Research (CDER), and the conclusions drawn by FDA Commissioner Margaret Hamburg, according to statements issued today.

Sebeluis's decision trumps Hamburg's view, so the FDA sent a letter today telling Teva that the product would remain an over-the-counter medication for girls and women older than 17, and that younger girls would require prescriptions and consultation with health care providers.

Plan B One-Step is a single-dose pill that decreases the chance of pregnancy if taken within three days after unprotected sexual intercourse. It contains higher levels of a hormone found in some types of daily use birth control pills. It was originally approved in July 2009 for use without a prescription for girls and women older than 17, who also must show ID, and with a prescription for those younger. Teva Women's Health Inc., the drug's maker, sought to broaden that use in an application submitted in February.

The move to ban girls younger than 17 from having over-the-counter access to Plan B One-Step has drawn swift condemnation:

“In facing a tough call, HHS has put politics over science when it comes to sex,” said Art Caplan, director of the Center for Bioethics at the University of Pennsylvania and a frequent contributor to msnbc.com.

Sebelius said she wasn't convinced that Teva Pharmaceuticals Inc. had proven that use of over-the-counter emergency contraceptives containing the drug levonorgestrel should be broadened. Sebelius expressed concern that girls reaching reproductive maturity at age 11 -- or even younger -- could have access to the Plan B One-Step contraceptive medication.

"It is common knowledge that there are significant cognitive and behavioral differences between older adolescent girls and the youngest girls of reproductive age," Sebelius's statement said. "If the application were approved, the product would be available, without prescription, for all girls of reproductive age."

FDA Recommendation for Plan B One-Step for all Females of Child-Bearing Age Explained

Hamburg said she believed CDER's decision to approve wider use for Plan B One-Step was both thoughtful and appropriate for all females of child-bearing age.

"I reviewed and thoughtfully considered the data, clinical information, and analysis provided by CDER, and I agree with the Center that there is adequate and reasonable, well-supported, and science-based evidence that Plan B One-Step is safe and effective and should be approved for nonprescription use for all females of child-bearing potential," her statement said.

Plan B One-Step Manufacturer Surprised with HHS Ruling

Teva officials expressed surprise at the last-minute timing of Sebelius' decision to restrict access to the Plan B One-Step contraceptive.

"We commend the FDA for making the recommendation to approve providing women with increased over-the-counter access to Plan B One-Step and we are disappointed that at this late date, the Department of Health and Human Services has come to a different conclusion," Teva spokeswoman Denise Bradley wrote in an e-mail.