Appeals Court Questions Scope Of Injunction On Wash. State Rules That Require Pharmacists To Dispense EC

Main Category: Women's Health / Gynecology
Also Included In: Pharmacy / Pharmacist;  Litigation / Medical Malpractice
Article Date: 11 Jul 2008 - 7:00 PDT

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A three-judge panel of the 9th U.S. Circuit Court of Appeals on Tuesday heard arguments in an appeal of a November 2007 ruling upholding a temporary injunction that prohibited enforcement of a rule adopted by Washington state's Board of Pharmacy last year requiring pharmacies to fill all valid prescriptions, the Seattle Post-Intelligencer reports (Nyhan, Seattle Post-Intelligencer, 7/8). A pharmacy owner and two pharmacists are challenging the rule's duty to dispense language, claiming it violates their civil rights. U.S. District Court Judge Ronald Leighton issued the preliminary injunction in November 2007. Leighton in February refused a request by the defendants, including the state Department of Health and the pharmacy board, to lift the injunction (Daily Women's Health Policy Report, 2/20).

On Tuesday, Judge Richard Clifton of the 9th Circuit Court asked if there was a reason not to restrict the injunction only to the plaintiffs in the suit, not pharmacies statewide -- a limitation attorneys for the pharmacists originally sought, the Post-Intelligencer reports. The panel is not expected to rule on the injunction for at least four weeks, according to the Northwest Women's Law Center, which is representing seven people who are asking for the injunction to be lifted. According to Lisa Stone, executive director of the law center, the panel could lift the injunction, narrow Leighton's ruling or preserve the injunction.

Stone said the Law Center is concerned that the injunction could potentially limit access to medications beyond EC that must be used quickly, such as drugs to treat HIV/AIDS. Kristen Waggoner, an attorney for the pharmacy owner and pharmacists, said that the focus of the challenge is on EC, adding that there is no evidence that women are having a difficult time accessing the drug in the state (Nyhan, Seattle Post-Intelligencer, 7/8).

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