IN THE COURTS | Groups Appeal Ruling Granting Injunction Against Washington State Rule That Requires Pharmacists To Dispense EC

IN THE COURTS | Groups Appeal Ruling Granting Injunction Against Washington State Rule That Requires Pharmacists To Dispense EC
[Dec. 13, 2007]

The American Civil Liberties Union, the Planned Parenthood Federation of America and the Northwest Women's Law Center are appealing a November federal district court ruling that Washington state pharmacists do not have to dispense emergency contraception if they have moral objections, the AP/Columbian reports (AP/Columbian, 12/11). The groups, which have filed their appeal with the 9th U.S. Circuit Court of Appeals, are contesting a preliminary injunction granted by U.S. District Court Judge Ronald Leighton that allows pharmacists who oppose EC to refer customers to other pharmacies. Under the court-established "refuse and refer" policy, as long as pharmacists immediately refer patients to nearby pharmacies, the state cannot punish them for declining to provide EC.

The original suit was filed in federal court in July by a pharmacy owner and two pharmacists who claim that the Board of Pharmacy rule establishing a duty to dispense EC violates their civil rights. The Board of Pharmacy rule states 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. It also 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. 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 (Daily Women's Health Policy Report, 11/9).

The groups filing the appeal this week said Leighton's ruling misinterprets legal precedent and are requesting that the appeals court stay the injunction until a ruling on the appeal is made (AP/Columbian, 12/11).