Conservative Public Interest Group Files Lawsuit Against Walgreen On Behalf Of Four Suspended Illinois Pharmacists, USA

Main Category: Women's Health / Gynecology
Article Date: 02 Feb 2006 - 0:00 PST

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The Washington, D.C.-based American Center for Law and Justice on Friday filed a state lawsuit against Deerfield, Ill.-based Walgreen on behalf of four Illinois pharmacists who were suspended without pay in November 2005 for declining to dispense emergency contraception -- which can prevent pregnancy if taken within 72 hours of sexual intercourse -- based on moral or religious beliefs, Reuters reports. The lawsuit -- which was filed in Madison County, Ill., Circuit Court -- says the company violated the Illinois Health Care Right of Conscience Act, which allows health care providers to refuse to perform procedures that conflict with their moral or religious beliefs, according to Reuters (Ingwersen, Reuters, 1/28). Under an Illinois rule -- which was proposed by Gov. Rod Blagojevich (D) and approved in August 2005 by the Illinois Joint Committee on Administrative Rules -- state pharmacies are required to dispense EC if they stock any FDA-approved contraceptive or risk losing their licenses. If any prescribed contraceptive is out of stock, pharmacies must provide an alternative, order the drug, make arrangements for another local pharmacy to fill the order or return the prescription to the customer. The rule allows pharmacies to opt not to sell any contraceptives (Kaiser Daily Women's Health Policy Report, 1/13). "It couldn't be any clearer," ACLJ senior counsel Francis Manion said on Friday, adding, "In punishing these pharmacists for asserting a right protected by the Conscience Act, Walgreens broke the law." Walgreen spokesperson Michael Polzin said the company policy was in place to comply with the Illinois rule. "We are required to follow the law," he said, adding, "We don't have a choice in the matter" (AP/Chicago Sun-Times, 1/29).

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