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Thursday, May 4, 2006

Pharmacy Board Update: What You Can Do.

Posted by on May 4 at 11:07 AM

Slog and Stranger readers know that I’ve been writing about the Washington Board of Pharmacy’s deliberations on rules that may allow pharmacists to refuse to fill prescriptions. I got onto the story a few weeks ago when I reported that a pharmacist at Swedish hospital in Seattle refused to fill a prescription for abortion related antibiotics.

It looked like the board was going to draft rules to protect a woman’s right to health care, but a Tuesday night board hearing changed all that.

Initially, at Tuesday night’s Board of Pharmacy hearing, the board was looking at adopting draft rules saying a pharmacist shall fill a lawful drug prescription. There was an exception if a pharmacist found that a doctor had made an unwitting mistake having to do with things like harmful drug interactions. Additionally, if the pharmacy was out of stock, the pharmacist was required to find another pharmacy that had the medication in stock and direct the customer there.

As I Slogged yesterday, one board member—a Seattle pharmacist named Donna Dockter—upended those rules. Here’s the language she had subbed in:


(Substituted for Section (1))

If a pharmacist cannot fill a lawfully prescribed stocked drug or device, then they must provide timely alternatives for the patient to obtain treatment. These alternatives may include but are not limited to:

1. Refer the patient to another on-site pharmacist
2. Transfer the prescription to another pharmacy
3. Provide the medication at another time consistent with the normal timeframe for such a prescription, or:
4. Consult with the prescriber to provide an alternative medication therapy

“Cannot fill” ? Shouldn’t a law governing something as significant as healthcare at least explain the justification a pharmacist needs to meet the “Cannot fill” loophole. Dockter’s language seems broad to me—which pretty much sacks the raison d’etre of the board: They’re appointed by the governor to “protect and improve the health of people in Washington State.” That is to say: the pharmacy board is not appointed to protect the feelings of pharmacists who might be upset about filling a prescription for Plan B.

Speaking of the governor. She has been absent on this issue. Get in the game, Gregoire. You can hire and fire these folks.

People have been posting in the comments thread to yesterday’s post asking what they can do to impact the board’s decision. (The draft rules are now on hold for a month.)

My suggestion would be to put pressure on Gregoire’s office: (360) 902-4111 or
E-mail.
The Governor can take advantage of the month-long delay by using her bully pulpit to draw public attention to this issue—which would pressure the board to do it’s job and protect people’s health.

I’d suggest asking for legislative director Marty Brown or a staffer named Christina Hulet.


CommentsRSS icon

Ughhh, this pisses me off!! Giving individual pharmacists the right to choose which LEGAL prescriptions to dispense is ridiculous. If they don't agree with Plan B being a legal drug, then they can work in their free time to change the law. Choosing not to fill this legal prescription, in my eyes, equates to breaking the law. Pharmacists who choose to not fill these prescription should be punished, not coddled!! Indeed, they should be fired immediately. They do not dictate a woman's right to legal prescription drugs. A degree in pharmacology does not give them them the right to legislate! Wake up, please!

I emailed lots of people this morning.

Is anyone willing to post the concise, salient talking points? What are the most impt. things to get across without rambling?

I'm not seeing the crisis here.

"Cannot fill" is not the same as "Will not fill" or "Morally or ethically oppoosed to filling."

What's the "cannot fill" loophole, and where is it left open in the proposed regulations?

This is remarkable language that couldn't possibly survive a court test. The "cannot" doesn't prescribe a reason. Thus, any discrimination, voiced or unvoiced, would be legitimate.

I know that people never think they will be hoist by their own petard. So I envision a person opposed to the dispensing of contraceptives or abortifacients walking into the drug store to get their antibiotic prescription filled late at night at the only pharmacy in town that's open 24 hours. The pharmicist looks at the scrip and says, "I'm sorry, but antibiotics kill important bodily biota, and I am morally opposed to that."

Unlikely, but there are a lot of situations that once people are freed from professional obligations required by the profession in a civil (not religious) society in which the law is the final arbiter of what is appropriate--a choice made by group approval of the notion of law being the highest authority for civil matters--then people act arbitrarily.

I read recently that a prominent supporter of full-on digital rights management control of all media lost two years of educational programming he had been recording because there was no way to back it up or recover it. Petard, petard, petard.

The Washington State Board of Pharmacy will meet again June 2nd, to decide which rule to choose – Donna Dockter’s or the Department of Health’s.

WHAT YOU CAN DO:

During the month of May, it is TOTALLY CRITICAL that we continue to bombard the Board of Pharmacy AND the Governor with our e-mails and faxes.

Continue to e-mail and fax the Pharmacy Board and the Governor. Spread the word – get your friends involved.

Contact Governor Gregoire

What to say: Governor Gregoire, please do everything in your power to ensure that the Washington State Board of Pharmacy does not adopt a rule that interferes with a patient’s ability to receive her / his prescriptions.

Phone (360) 902-4111

Fax (360) 753-4110

E-mail http://www.governor.wa.gov/contact/govemail.htm

Contact the Washington State Board of Pharmacy

What to say: The Washington State Board of Pharmacy should not adopt a rule that interferes with a patient’s ability to obtain the safe and legal medications that she/he needs.
Fax (360) 586-4359

E-mail WSBOP@doh.wa.gov

"A degree in pharmacology does not give them them the right to legislate!"

If they actually HAD degrees in pharmacology rather than pharmacy, then they'd probably be a little better equipped to make decisions as to which drugs are appropriate for their patients. Having tutored/TAed dozens of pharmacy students, I'm really happy that most of them end up in retail work where their worst mistakes are likely to be in pill counts.

josh, thank you for staying on top of this incredibly important story. i appreciate it, as does my womb.

Thank you soooo much, Kristen!

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