Can pharmacists deny filling birth control prescriptions?

Until last April, pharmacists in Illinois could deny filling birth control prescriptions under the ´conscience clause,´ stating moral objection to the medication.

Last February, a Jewel-Osco in Chicago refused to refill a birth-control prescription. Under federal "conscience clause" laws, a pharmacist is not required to participate in filling prescriptions which jeopardize their "moral or religious obligations."

Until April, it was therefore legal for a pharmacist to deny a refill of medication that was in stock. As a direct result of the Chicago controversy, an emergency rule was approved by Gov. Blagojevich on Apr. 1, requiring pharmacies to refill birth control prescriptions.

"Your state is one of the good ones," Sara Ryan, Americans United for Separation of Church and State Youth and Campus Organizer, said in her presentation at UIC on Thursday, Oct. 27.

From Washington D.C., Ryan is traveling across the country to visit campuses and educate students about the current controversy over the filling of contraceptive prescriptions. Although her lecture was entitled "I Will Not Sell You Legal Contraceptives," the topics Ryan covered were broader and more diverse in order to cover several developments that have led up to the present issues.

"In 1996, the federal government approved funds for religious organizations to provide public services," Ryan said. "Should tax dollars be going to non-scientific ideologies?"

Under the Bush administration, Ryan explains, abstinence-only programs have been promoted through federal funding through the Office of Faith Based Initiatives. For some states, including Illinois (which have no set regulations for sex education) the development may pressure public schools to exclude information regarding safe sex and contraceptive options from the curriculum.

According to Ryan, hospitals are going bankrupt, which is forcing ownership merges with more affluent religious hospitals that may not provide abortion or contraceptive options. Often, the names of these hospitals stay the same, making them difficult to identify.

"The 'conscience clause' is concerning because it is part of an unconstitutional agenda," Lindsay Hyland, second year master of sociology, said.

Hyland is also concerned about the instances of pharmacists confiscating prescriptions and some rural areas only having one place where emergency contraception within the 72 hours after intercourse during (which it is effective) can be accessed.

Although in Illinois it is now mandatory by law for prescriptions to be filled or redirected to someone who will promptly fill them, the federal government has no such provisions.

In fact, the nation seems to be leaning the other way. According to Church & State, "the Food and Drug Administration (FDA) has refused to grant approval for over-the-counter sales of an emergency oral-contraceptive pill."

Major drug stores like Walgreen's do not require their employees to take part in any activity that may differ from their ethical beliefs.

However, states like California, North Carolina and Massachusetts have taken legislative action similar to Illinois on the issue of contraception prescriptions. Organizations like Americans United for Separation of Church and State are also striving to "uphold people's right to choose their own religion," Ryan stated.

Source: RefillPill.com Editors' Choice