Wash. Pharmacy Board To Change Rule on Emergency Contraception, Other Drugs

November 8, 2010 — The Washington state Board of Pharmacy voted 3-2 on Thursday to move forward with changes to a rule that prohibits pharmacies from refusing to dispense legal medications, including emergency contraception, the AP/Seattle Times reports (AP/Seattle Times, 11/4). The current rule allows individual pharmacists to refuse to dispense a medication based on moral objections, although pharmacies are still legally required to help the patient.

Thursday's vote does not change the rule, but it launches a months-long revision process. The board's next meeting is scheduled for Dec. 16.

The rule took effect in 2007, one year after it was adopted by the state Department of Health and Board of Pharmacy. Shortly after the rule's implementation, two pharmacists and an Olympia-based pharmacy challenged it in federal court on the grounds that it violated constitutional rights. Planned Parenthood and the women's rights group Legal Voice joined the lawsuit over concerns about patients' access to medication, such as EC. A judge has put the case on hold to allow the state to modify the rule and avoid lengthy court proceedings.

Court documents from earlier this year suggest several possible changes, including allowing a pharmacy to refuse to fill a medication as long as it provides a "facilitated referral," which would include calling another pharmacy, confirming that the medication is in stock and telling the patient where to go. Such referrals are already common practice for out-of-stock drugs, according to the state.

Public, State Officials Weigh In

Prior to Thursday's vote, the board held two public hearings and received more than 5,000 comments, most of which were opposed to changing the rule, DOH spokesperson Donn Moyer said.

Gov. Chris Gregorie (D) and Health Secretary Mary Selecky also oppose changing the rule. Gregorie said that referrals could decrease access to medication for patients in rural areas.

On Wednesday, Selecky wrote to the board, "The current rule strikes the correct balance between patient access to medication and valid reasons why a pharmacist might not fill a prescription," adding, "The rule has served patient safety well in Washington over the three years it's been in place" (Ho, Seattle Post-Intelligencer, 11/4).

Board member Dan Connolly said the state cannot afford another drawn-out legal challenge (AP/Seattle Times, 11/4).