Here’s the languge adopted by the Washington State Board of Pharmacy at its meeting this morning.

It’s not good news.

“Pharmacists and Pharmacy ancillary personnell shall not obstruct a patient in obtaining a lawfully prescribed drug or device….”

Sounds good, but it goes on to nullify all that by saying:

“If a pharmacist cannot dispense a lawfully prescribed drug or device than the pharmacist must provide timely alternatives for the patient to obtaining treatment. Alternatives may include: Referring to another onsite pharmacist, transferring the prescription to another pharmacy, providing the medication at another time, consulting with provider about an alternative, return the unfilled lawful prescription. provide the patient a timely alternative …. “

This means pharmacists have no duty to fill a prescription. There’s no guidance or definitions around the language: “If a pharmacist cannot dispense” ….which means, if they don’t approve of you and your prescription—you & your health are SOL.

It was a unanimous 5-0 vote. It’s a 7 member board. 1 member was absent. The chair did not vote.
There’s a public comment period now. But this is rule that the Pharmacy Board intends to put on the books.

I’ve got a call into the executive director of the board to get his interpretation of the ruling.

I’ve attached the reaction of Planned Parenthood & The Northwest Women’s Law Center below

Advocacy Groups Denounce Pharmacy Board's Decision Allowing Pharmacists to Refuse to Fill Valid Prescriptions

Seattle, WA, — The Washington Alliance for Reproductive Choice (WARC) today announced its opposition to the Washington State Board of Pharmacy's proposed rule that would allow pharmacists to refuse to fill safe, valid and legal prescriptions. 

"We are alarmed that the Pharmacy Board is ignoring their responsibility to protect patient rights as well as pharmacist rights� said Lauren Trent, Chair of the Alliance. "Patients have the right to expect that when they go to their pharmacy with a valid, medically appropriate prescription, they will walk out of that pharmacy with the medication they need, and they won't be lectured about it� she added.

WARC believes the draft rule would enable a pharmacist to refuse to fill prescriptions based on their personal beliefs and send the patient to another pharmacy in search of their medications.

The Board has received over 7000 letters and emails from citizens who have expressed concern about this issue. At public hearings held in April in Tumwater and Yakima, the Board overwhelmingly heard from hundreds of citizens opposing any policy that would allow pharmacists to refuse to fill safe, valid and legal prescriptions based on personal beliefs. The Governor has also expressed opposition to a "refuse and refer� policy such as the one approved by the Board today. In addition, the Human Rights Commission informed the Board that allowing pharmacists to refuse to fill safe, valid and legal prescriptions may violate civil rights laws.

Adopting a policy that allows pharmacists to refuse to fill valid prescriptions, essentially gives pharmacists license to discriminate. They could deny medications to men and women based on any personal objection they hold, including perceived sexual orientation, HIV or marital status. 

"It is unthinkable that a pharmacist, on the grounds of personal moral objection, would be able to refuse to fill a valid prescription for an essential drug prescribed by a physician,� said Judith Billings, who sits on the Governor's Advisory Council on HIV/AIDS. 

"Rape survivors deserve immediate access to emergency contraception. A sexual assault is a traumatic physical and psychological event and we should be striving to reduce barriers that victims may encounter on their way to obtain legal medication,� said Christiane Hurt, Acting Executive Director of the Washington Coalition of Sexual Assault Programs. "All victims across the state deserve access to EC, no matter where they seek their medical treatment, medicine, or support.�

There has been growing opposition nationwide to such "refusal clauses,� which constitute an inappropriate interference in the doctor-patient 
relationships. Several states, including Wyoming, Nevada, Massachusetts, North Carolina and Illinois, recently have rejected similar proposals. 

71 organizations, including the Washington State Labor Council, Lifelong AIDS Alliance, the American Academy of Pediatrics of Washington, the Governor's Advisory Council on HIV AIDS and the Washington Coalition of Sexual Assault Programs have signed on to a letter to the Board of Pharmacy urging them to protect patient's access to their health care.

"A pharmacist's foremost professional responsibility is to provide pharmaceutical care for his or her patients,� the letter reads, "while pharmacists have a fundamental right to their own religious and moral beliefs, those beliefs should not interfere with a patient's ability to obtain the health care that s/he needs.�

The Washington Alliance for Reproductive Choice (WARC) is a coalition of organizations that advocate for reproductive rights and provide reproductive health care around Washington State.

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