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Objections by druggists centered on Plan B drug

From SeattlePI
Friday, April 13, 2007

P-I STAFF AND NEWS SERVICES

TUMWATER -- After years of debate, the state has made it official: Patients must get prescriptions filled even if pharmacists are opposed to the drugs for religious or moral reasons.

The Washington State Board of Pharmacy voted unanimously Thursday to adopt a policy that applies to all kinds of medications, although it clearly was aimed at Plan B, a birth control measure that critics say is tantamount to abortion. Most health experts refute that claim.

Druggists with personal objections to a drug still could have a limited escape by getting a co-worker to fill an order. But that would apply only if the patient is able to get the prescription in the same pharmacy visit.

Essentially, the regulations require pharmacies either to dispense legally prescribed drugs or make sure customers could get the medication elsewhere in a timely fashion.

The issue has been debated since 2004, when the state board began receiving complaints that pharmacists were refusing to fill some prescriptions for moral, religious or ethical reasons -- primarily prescriptions for Plan B, sometimes known as the morning-after pill. It can lower the risk of pregnancy by up to 89 percent if taken within 72 hours of unprotected sex.

The rule-making process began in January 2006 and resulted in more than a year of workshops, drafts, amended drafts and public hearings.

Last year, the state Pharmacy Board declared that pharmacists might be able to deny prescriptions for personal reasons.

That was the pharmacy association's preferred route, but the policy angered Gov. Chris Gregoire, women's groups and some state lawmakers.

The rule adopted Thursday is a compromise worked out last year by Gregoire, women's advocates and the Washington State Pharmacy Association.

Pharmacy board member Rosemarie Duffy said Thursday the new rule is about more than the Plan B drug. It's about antibiotics that have to be taken within four hours or supplies for diabetics.

But it was the morning-after pill that caused opponents to refer to proponents as "baby killers" and proponents to point out that when a person's doctor fills out a prescription, that prescription should be filled in a timely manner.

According to its manufacturer, Plan B works like a regular birth control pill. It prevents pregnancy mainly by stopping the release of an egg from the ovary, and may also prevent the fertilization of an egg. It may also work by preventing the egg from attaching to the uterus.

Because Plan B is used to prevent an unplanned pregnancy, it will not affect an existing pregnancy. It is different from the abortion pill RU-486.

The new rule is likely to go into effect by mid-June.

What happens if a pharmacist or pharmacy refuses a prescription? Board member Gary Harris said once the board receives a complaint, the pharmacist or pharmacy will come before the board for disciplinary action. Each individual case will be reviewed by a board member, who could recommend a fine or probation, for example.

That recommendation would then be reviewed by a panel before action is taken.

This report includes information from The Associated Press and P-I reporter Susan Phinney.

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