Wash. State Pharmacy Board Preserves Rule Prohibiting Pharmacies From Refusing To Dispense Legal Drugs

December 17, 2010 — The Washington state Board of Pharmacy on Thursday voted 5-1 to maintain a rule that allows individual pharmacists to morally object to providing medications but requires the pharmacies that employ them to dispense the drugs, including emergency contraceptives, without delay, the Seattle Post-Intelligencer reports.

The rule, which was adopted in 2006 and implemented in 2007, means that pharmacies in the state remain legally bound to help patients (Ho, Seattle Post-Intelligencer, 12/16). Pharmacists who morally object to dispensing certain medication are permitted to pass the sale to another employee in the same store (Corte, AP/Seattle Times, 12/17).

Outcome Unexpected

The board previously indicated that it would move forward with changes to the rule by voting in November to begin drafting new language (Seattle Post-Intelligencer, 12/16). The current language has been challenged in a federal court by two pharmacists and an Olympia-based pharmacy on the grounds that it violates constitutional rights. Planned Parenthood and the women's rights group Legal Voice intervened in the lawsuit over concerns about patients' access to medication, such as EC (Women's Health Policy Report, 11/8). Earlier this year, a judge put the case on hold to allow the state to modify the rule and avoid lengthy court proceedings. It is not yet clear how the board's vote will affect the legal case, according to the Post-Intelligencer.

Department of Health spokesperson Tim Church said board members ultimately "decided they did not have any suggestions or recommendations of ways to improve the rule that they were happy with." One recommendation would have allowed a pharmacy to refuse medication if the patient was referred to another pharmacy. However, women's rights groups and Gov. Christine Gregoire (D) voiced strong opposition to the idea, arguing that it would unfairly burden patients in remote areas (Seattle Post-Intelligencer, 12/16).

Gov. Gregoire, Women's Groups Praise Decisions

In a statement issued Thursday, Gregoire said the board made a "good decision." She said, "I could not support a ruling that would limit a patient's access to medication," adding, "The board understood that changing the current rule could force patients, especially those living in rural areas, to suffer lengthy delays to receive their medication and cause others to go without entirely."

Legal Voice attorney Sara Ainsworth said the group is "very happy the pharmacy board has seen fit to maintain the existing rule which we believe protects patients, and puts patients first, while at the same time accommodating the individual beliefs of a pharmacist" (AP/Seattle Times, 12/17). Jennifer Allen, public policy director of Planned Parenthood Votes! Washington, said in a statement, "We're thrilled that the Board of Pharmacy has listened to the thousands of Washingtonians who contacted them to oppose changing existing rules which are balanced, fair and promote patients' rights" (Seattle Post-Intelligencer, 12/16).