Illinois Pharmacies Ordered to Provide Birth Control

NY TIMES
April 2, 2005
Illinois Pharmacies Ordered to Provide Birth Control
By MONICA DAVEY

CHICAGO, April 1 - With a growing number of reports of pharmacists around the country refusing to fill prescriptions for birth control and emergency contraception, Gov. Rod R. Blagojevich on Friday filed a rule requiring Illinois pharmacies to accept and dispense all such prescriptions promptly.

"Our regulation says that if a woman goes to a pharmacy with a prescription for birth control, the pharmacy or the pharmacist is not allowed to discriminate or to choose who he sells it to or who he doesn't sell it to," Mr. Blagojevich, a Democrat, said. "No delays. No hassles. No lectures."

Two Chicago women, he said, reported in February that they had been turned away from a downtown drugstore when they tried to fill prescriptions for morning-after birth control pills. On Friday, the Illinois Department of Financial and Professional Regulation filed a formal complaint against that pharmacy, one in the Osco chain, and said it could face discipline ranging from a fine to the revocation of its license. No one from Osco's corporate offices could be reached for comment on Friday.

Nationally, the leaders of Planned Parenthood and Naral Pro-Choice America said they had seen more and more cases like that over the past year. They emphasized that women in smaller communities or in rural areas, with perhaps only one pharmacy to use, might be left unable to receive their prescribed birth control if the pattern was allowed to continue.

"Pharmacies have an ethical and legal obligation," said Nancy Keenan, the president of Naral.

Governor Blagojevich, saying that his emergency rule clarified an existing state requirement, said he suspected that the pattern of complaints over the past year was no coincidence, but rather "part of a concerted effort" to prevent women from getting the birth control they wanted.

Under the emergency rule put in place in Illinois, pharmacies that do not have a particular prescribed contraceptive would be required to order some or to send the prescription to another pharmacy.

But Susan C. Winckler of the American Pharmacists Association, which represents 52,000 pharmacists, said she had concerns about the emergency rule in Illinois. The association, she said, believes that pharmacists should be allowed to "step away" in cases where they feel uncomfortable dispensing a particular drug - so long as their customers can still get their drugs from alternative sources.

Ms. Winckler said she also worried that Governor Blagojevich's new rule might reach beyond the question of a pharmacist's own moral sensibilities, and require pharmacists to dispense all prescriptions, even those that were "clinically inappropriate" for patients. Such cases might include ones in which a pharmacist discovered a customer's allergy or a potential drug interaction that a prescribing doctor had missed.

"Depending on the wording of the rule, there is a real risk that the governor could be creating," Ms. Winckler said. "The pharmacist is not a gas station attendant where if there is gas you have to sell it. Pharmacists are supposed to assess the appropriateness of a drug."

Abby Ottenhoff, a spokeswoman for Mr. Blagojevich, said the new rule did not take away a pharmacist's right to counsel a patient about a prescription within the confines of existing state law.

"That doesn't change," she said. "What cannot happen is the pharmacist cannot allow personal factors and feelings to interfere."