Washington Pharmacists Sue State, Alleging Rule That Requires They Dispense EC Violates Civil Rights

Main Category: Litigation / Medical Malpractice
Also Included In: Pharmacy / Pharmacist;  Sexual Health / STDs;  Women's Health / Gynecology
Article Date: 01 Aug 2007 - 9:00 PDT

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A pharmacy owner and two pharmacists in Washington state on Wednesday in federal court filed a lawsuit claiming that a Washington Board of Pharmacy rule that took effect on Thursday and requires pharmacies to dispense emergency contraception violates their civil rights, the AP/International Herald Tribune reports. Emergency contraception can prevent pregnancy if taken within 72 hours of sexual intercourse (AP/International Herald Tribune, 7/27).

The rule says that pharmacists cannot "obstruct a patient in obtaining a lawfully prescribed drug or device" and must make an alternative available in a timely fashion if they "cannot dispense" a prescription. A proposal adopted by the Board of Pharmacy says that pharmacists have a "duty to dispense lawfully prescribed ... drugs or medical devices." It also lists exceptions to the rule, which do not include personal beliefs (Kaiser Daily Women's Health Policy Report, 9/5/06). Under the rule, pharmacists who are opposed to EC can have another pharmacist fill the prescription, but only if the patient can receive the prescription during the same pharmacy visit.

The suit alleges that the rule forces the plaintiffs to choose between "their livelihoods and their deeply held religious and moral beliefs." The company Stormans -- which owns Ralph's Thriftway pharmacy in Olympia, Wash. -- and pharmacists Rhonda Mesler and Margo Thelen are the plaintiffs in the case. Lars Erickson, spokesperson for Gov. Chris Gregoire (D), on Thursday said the governor "feels the pharmacy board went through an extensive public process to come to their decision, and she supports" it (AP/International Herald Tribune, 7/27).

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