Illinois Pharmacists, Walgreen Reach Settlement On EC Distribution Rule

Main Category: Pharmacy / Pharmacist
Also Included In: Sexual Health / STDs;  Women's Health / Gynecology
Article Date: 15 Oct 2007 - 6:00 PDT

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Illinois pharmacists who object to dispensing emergency contraception on moral grounds would be allowed to let another person on staff fill the prescription under a settlement filed last week between Deerfield, Ill.-based Walgreen and the state, the AP/Yahoo! News reports. According to the settlement, trained technicians or store owners would be able to contact a pharmacist at another location and then follow his or her directions for dispensing EC, which can prevent pregnancy if taken within 72 hours of sexual intercourse (Wills, AP/Yahoo! News, 10/11).

The Washington, D.C.-based American Center for Law and Justice in January 2006 filed a state lawsuit against Walgreen on behalf of four Illinois pharmacists who were suspended without pay in November 2005 for declining to dispense EC based on moral or religious beliefs. 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.

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).

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Francis Manion, an attorney for the pharmacists who filed the lawsuit, said the settlement is between Walgreen and the state, adding that his clients generally support it and will not continue with the litigation. "We think it's fair for us as well as our pharmacists," Walgreen spokesperson Tiffani Bruce said, adding that the deal "allows us to continue to care for patients." Attorneys said the settlement does not include any exchange of money.

"It seems to be a thoughtful settlement," Pam Sutherland, president of Illinois Planned Parenthood, said Wednesday, adding that the settlement gives pharmacists "an out, and it still makes sure the woman gets her prescription." The settlement must be reviewed by a legislative panel before it can take effect because it requires a change in state rules (AP/Yahoo! News, 10/11).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation© 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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