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Washington Post, March 30, 2005
Pharmacists balk
at filling some prescriptions because of beliefs
By Rob Stein
WASHINGTON -- Some pharmacists around the country
are refusing to fill prescriptions for birth
control and morning-after pills, saying that
dispensing the medications violates their personal
moral or religious beliefs.
The trend has opened a new front in the nation's
battle over reproductive rights, sparking an
intense debate over the competing rights of
pharmacists to refuse to participate in something
they consider repugnant vs. a woman's right
to get medications her doctor has prescribed.
It has triggered pitched political battles
in State Houses across the nation as politicians
seek to pass laws either to protect pharmacists
from being penalized or force them to carry
out their duties.
''This is a very big issue that's just beginning
to surface," said Steven H. Aden of the
Christian Legal Society's Center for Law and
Religious Freedom in Annandale, Va., which
defends pharmacists. ''More and more pharmacists
are becoming aware of their right to conscientiously
refuse to pass objectionable medications across
the counter. We are on the very front edge
of a wave that's going to break not too far
down the line."
Clashes are occurring more frequently. Pharmacists
often risk dismissal or other disciplinary
action to stand up for their beliefs, while
shaken teenage girls and women desperately
call their doctors, frequently late at night,
after being turned away by sometimes lecturing
men and women in white coats.
''There are pharmacists who will only give birth
control pills to a woman if she's married.
There are pharmacists who mistakenly believe
contraception is a form of abortion and refuse
to prescribe it to anyone," said Adam
Sonfield of the Alan Guttmacher Institute in
New York, which tracks reproductive issues.
''There are even cases of pharmacists holding
prescriptions hostage, where they won't even
transfer it to another pharmacy when time is
of the essence."
That's what happened to Kathleen Pulz and her
husband, who panicked when the condom they
were using broke. The Walgreens pharmacy near
their home in Milwaukee refused to fill an
emergency prescription for the morning-after
pill.
''I couldn't believe it," said Pulz, 43,
who with her husband had long ago decided they
could not afford a fifth child. ''How can they
make that decision for us? I was outraged."
Supporters of pharmacists' rights see the trend
as a welcome expression of personal belief.
Women's groups see it as a major threat to
reproductive rights. ''This is another indication
of the current political atmosphere and climate,"
said Rachel Laser of the National Women's Law
Center in Washington. ''It's outrageous. It's
sex discrimination. It prevents access to a
basic form of healthcare for women. We're going
back in time."
The issue could intensify further if the Food
and Drug Administration approves the sale of
the Plan B morning-after pill without a prescription,
a step that would probably make pharmacists
the primary gatekeeper.
The question of healthcare workers refusing to
provide certain services first emerged among
doctors, nurses, and other healthcare workers
over abortions. The trend began to spread to
pharmacists with the approval of the morning-after
pill and physician-assisted suicide in Oregon,
with support from such organizations as the
Pharmacists for Life International.
''Our group was founded with the idea of returning
pharmacy to a healing-only profession. What's
been going on is the use of medication to stop
human life," said Karen L. Brauer, the
group's president, who was fired from a Kmart
pharmacy in Delhi, Ohio, for refusing to fill
birth control prescriptions.
No one knows how often that is happening, but
cases have been reported across the country,
including in Massachusetts, California, Washington,
Georgia, Illinois, Louisiana, Texas, New Hampshire,
Ohio, and North Carolina. Advocates on both
sides say the refusals appear to be spreading.
Eleven states are considering ''conscience clause"
laws that would protect pharmacists like Noesen.
Four states have laws that specifically allow
pharmacists to refuse to fill prescriptions
that violate their beliefs. At the same time,
at least four states are considering laws that
would require pharmacists to fill all prescriptions.
The American Pharmacists Association recently
reaffirmed its policy that pharmacists can
refuse to fill prescriptions as long as they
make sure customers can get their medications
some other way. That can include making sure
another pharmacist is on duty or another pharmacy
nearby is willing to fill the prescription.
Large pharmacy chains, including Walgreens, Wal-Mart,
and CVS, have instituted policies that try
to balance pharmacists' and customers' rights.
Women's advocates say such policies are impractical,
especially late at night in emergency situations
involving the morning-after pill, which must
be taken within 72 hours.
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