Pharmacists and Jesus Freaks
Local Pharmacies Are Defying State Law by Refusing to Stock Emergency Contraception Medicine
Robert Ullman
Tools
The ruling was not as terrible as it could've been: On February 22, US District judge Ronald Leighton in Tacoma found that one family-owned pharmacy in Washington State and two licensed pharmacists with objections to issuing the emergency contraceptive known as Plan B cannot be forced to carry or sell the drug, as it infringed upon their religious freedom. But the ruling, although narrowly applied to those three plaintiffs, sets a troubling precedent that will likely be challenged.
"As a practical matter, it sends a disturbing free-for-all message to pharmacies that want to refuse emergency contraception and other drugs," explains Lisa Stone, executive director of the women's advocacy group Legal Voice, which assisted in the case.
Stranger Personals
If Judge Leighton's ruling were upheld in higher courts, legal experts say, it could allow a wide array of medical professionals to deny services based on moral objections. For example, a Catholic doctor could deny lesbian couples fertility treatments.
But for now, while Attorney General Rob McKenna's office considers taking the case to the US Ninth Circuit Court of Appeals—they have until March 22 to file an appeal—state attorneys say that the law of the land is clear: Every other pharmacy in Washington State must abide by a 2007 Board of Pharmacy rule that requires all pharmacies to stock and sell medications for which there is a community need—including emergency contraception.
Nevertheless, many still refuse, so The Stranger called 16 pharmacies around the state to find out why.
"We don't carry it because our pharmacists don't want to carry it," said a Vancouver, Washington, pharmacist—who refused to identify himself—from the Apothecary at Salmon Creek. When pressed for a reason, he hung up. A call back confirmed that, like the plaintiffs in the recent lawsuit, the decision was for "religious reasons, because what if baby Jesus had been aborted?" another pharmacy employee said.
(For the record, Plan B is not an abortion drug—it's basically an extra-strength dose of birth control.)
But Assistant Attorney General Rene Tomisser, who defended the state in the recent Plan B ruling, says this pharmacy and others are flagrantly disobeying the law. "Even if they have a religious objection, they simply wouldn't be able to refuse to comply," Tomisser explains. "They would have to file an injunction as the plaintiffs in this case did."
And yet a November 2011 survey conducted by NARAL Pro-Choice Washington found that roughly 12 percent of the state's 1,432 licensed pharmacies refuse to carry emergency contraception. That's roughly 172 pharmacies out of compliance with state law.
"We do not stock it," confirmed Geraldine, a pharmacist from the Maple Leaf Pharmacy on Roosevelt Way Northeast. She helpfully added that if someone requested it, they "can order it and get it in 12 days."
Plan B is highly effective at preventing pregnancy if ingested within 72 hours of unprotected sex, but its efficacy diminishes as time passes. The drug isn't recommended after 5 days, let alone 12 days later.
Women in search of the over-the-counter drug could find themselves in a race against the clock. This places an undue burden on women living in rural areas, where pharmacists are more likely to be conservative and pharmacies are fewer and farther between.
So why isn't the state intervening?
"We don't proactively go out and ask folks what their beliefs are and if they're following the rule," explains Tim Church, a spokesman for the Department of Health, which is responsible for licensing and monitoring pharmacies. "It's really a complaint-driven process." And since 2009, the DOH has received just two complaints against pharmacies for denying women access to Plan B. Neither complaint resulted in the business or an employee being reprimanded.
And while Plan B is a political piñata, it isn't the only medication pharmacies are refusing to dispense. According to Stone, who has represented patients who've been refused medication, a pharmacist in the Puget Sound area refused to fill a pregnant woman's asthma prescription because she believed it would be bad for her baby (the pregnant woman wound up in the ER), a man in Southwest Washington was refused an erectile dysfunction drug from a pharmacist who believed he would use it to cheat on his wife, and an Oregon woman was denied her anti-
anxiety medication—her pharmacist told her to try yoga instead. Stone says, "Today it's Plan B, but tomorrow someone could be refusing to fill a patient's HIV medication." ![]()
These pharmacists/pharmacies should have their license to practice revoked immediately.
Now rules is rules, but Legacy System employees can and do use thier insurance at a nearby chain pharmacy that has always carried Plan B, dating back to the "protocol required" days.
So one could argue that Legacy employees are being inconvenienced, but not that much, because many of them go to the nearby chain for their prescriptions anyhow.
Leaving readers with the impression that The Apothecary at Salmon Creek is a full sized retail pharmacy is a dereliction of journalistic practice. This is an incredibly important issue, and there's no justification to skew things, whether accidentally or on purpose. I trust Cienna Madrid will add the appropriate information to the on-line version.
3
["Leaving readers with the impression that The Apothecary at Salmon Creek is a full sized retail pharmacy is a dereliction of journalistic practice. This is an incredibly important issue, and there's no justification to skew things, whether accidentally or on purpose. I trust Cienna Madrid will add the appropriate information to the on-line version."]
If its such an important issue tell the people working there that they may look better if they actually go out and mention this as reasons why they don't carry it.
I trust you will tell employees answering the phone to either pass it on when someone asks a question or at least give a journalist a reason why they don't stock something.
Isn't it similar to refusing to serve non-white customers in a diner?
A pharmacy can refuse to stock products based on any number of reasons. If it doesn't sell well, or if doing so could put the pharmacy at risk (like stocking crap that could get them robbed easily, like oxy), the pharmacy can refuse to stock those products. This has never been a problem, to my knowledge.
But because the reason for not stocking this product is religious in nature, that makes it unacceptable? If a pharmacist refused to stock contraceptives, or plan B, or whatever, because they didn't sell well and it was a prudent business decision, would there still be uproar?
I am a dedicated atheist, so I have no pony in this fight what so ever. But I still find it fascinating.
And withholding the asthma drug? Pharmacists are not doctors. If the woman's doctor wrote her a prescription for it, presumably they discussed risks and benefits. The doctor is better positioned to know the overall health status of both mother and baby, and decide accordingly.
SUCH. INCREDIBLE. BULLSHIT.
9
I've never grasped how an all-powerful deity, which is capable of creating 100 million galaxies with 100 million stars in each one, could be stymied by someone taking a prescription drug. It would seem to me that their dogma would dictate that if their deity wanted you to have a baby you would not have any choice in the matter.
Every other pharmacy in Washington State must abide by a 2007 Board of Pharmacy rule that requires all pharmacies to stock and sell medications for which there is a community need—including emergency contraception.
It's the law. What about that don't you understand?
And you know what's really terrible for a fetus? The mother having an asthma attack. I mean, fuck. Asthma can kill. That pharmacist should go to jail.
14
I agree with @11 & @12. THese pigs should be sent to prison--and NOT pass "GO", and NOT "collect $200"!
@19: Thanks for the heads up. I now know where to boycott.
21
No wonder the Mom and Pop pharmacies are going out of business. If it takes them two weeks to get pills in, good fucking riddance. I look forward to Maple Leaf Pharmacy folding, but only because I don't abide a poorly run business.
TIME FOR AN ALL OUT BOYCOTT OF ANY PHARMACY THAT REFUSES TO ACT AS A RESPONSIBLE COMPANY, RELIGIOUS AND POLITICAL OPINIONS ASIDE.
UGH!!! Shit like this destroys my faith in humankind. How dare they decide what to supply to people in need...... AND YET MOST OF THEM STILL CARRY CIGARETTES.... and a multitude of overpriced, ineffective drugs because the markup is so unreal.
I won't go on.....
24
I don't think the state can make a place stock or sell anything and I dont like the state being the only one able to sell hard liquor?
the few places that wont carry them are not worth one day of court costs.
and its just more lawyer food
Well first of all Jesus wouldn't have known about it and the omnipotent Christian god would have been thwarted at a stroke. The world's gentler religions might dominate the west. Tens of thousands of Muslims wouldn't have been raped and slaughtered by hairy European barbarians in the odious crusades, and the World Trade Center would still be standing. The mind reels.
If you want to keep church and state separate, then the government should be out of these private practices just as religious figures and institutions should not be in charge of the government.
Where there is a demand for contraceptive pills and an available wholesale supply, certain retailers will follow.
Others will abstain. Some for monetary reasons. There's a fast food chain in the South that isn't open on Sundays. The old man who started the business did it because he sincerely didn't want to force his employees to miss church. His grandchildren continue the practice because they know a percentage of their customers like the "principle" and seek out the restaurant over their competitors specifically for its fortitude.
There may be pharmacy customers (even in Seattle) who respect certain principles and extend their loyalty on that basis. A proprietor should be allowed to operate within this premise.
Even in Seattle.
If the standards are so low for these 'licensed pharmacists', perhaps I should apply... and announce that I'm a Christian Scientist, so giving out any lifesaving drugs is against MY religion... !
30
Getting registered as a health care professional means accepting some responsibilities that take away your rights to make certain choices. As a nurse, I can't tell someone to take a medication that won't work but will make me more money, while as a private citizen, you can. Same with pharmacists. They have a legal obligation similar to doctors, nurses, dentists, midwives.
If they aren't living up to their professional obligations, it's malpractice.
However, women need to get what they need by at most doing some simple looking around- and not with a lot of hooplah involved.
President Bush's greatest impact in the Middle East was having schools built in places like Afhanasan. It was against a lot of their religious principles to send girls to school but it happened and the ME will eventually be a better place for it.
34
Any pharmacist arrogant enough to pull this nonsense needs to have their pants sued off in addition to being held criminally liable as in the case of the pregnant woman who was denied her asthma medication. As CanadianNurse pointed out, it is malpractice. All the pharmacies that practice this need to be on public display so that the customers can make an informed decision on where they want to leave their money.
36
"But putting these pharmacies on public display is also going to attract people that support their decision - like me."
That is exactly my point. I'm willing to bet more people will avoid those pharmacies rather than patronize them. At the least these places need to face their responsibilities of not complying with the law and not get off scott free like they have been. If they want to continually face fines (or whatever penalty) to do business the way they want to, so be it.
I fail to understand this just from the point of basic business sense. If I offer a service and then refuse to do it because for some reason I find it offensive--what kind of business is that? It seems logical if you're going to pick and choose who you're going to serve, you deserve to go bankrupt. It's just plain bad customer service--you can't make money if you alienate your customers. I would love to see what would happen if one of these pharmacies refused to fill your prescription on "moral" grounds. If they can refuse to give asthma medicine who's to say your medication will be next?
As a side note, I have yet to hear of a story where this happens to a man. What would happen if these pharmacist refused to dispense Viagra?
And are you going to tell me government could never make a law you wouldn't comply with? Of course they could. We all draw the line somewhere.
And for someone who has an established business it is not always so simple to just "go into another line of work."
(Or, Wil Wheaton said it better: http://wilwheaton.tumblr.com/post/185667…)
*scratches head* Why does 9/11 suddenly spring to mind...?
Ok, to be fair it's not on that magnitude but such non-compliance will still get your license revoked or land you a prison sentence.
Why enter into a practice where they know they'd be forced to do things against their moral viewpoint?
On the other hand, a pharmacy that chooses to stock plan B, or whatever else these folks object to, should be able to fire an employee that refuses to sell something the store offers. The pharmacists who object can bloody well go work for a mom and pop outfit that won't stock it.
45
"Oh sure we can GET it, but it's a special order item that could take a LOT longer than you're willing to wait."
The above sentence refers to:
a) PlanB emergency contraceptive
b) Consistent enforcement of licensed pharmacies
c) Government ethics and fortitude, in general
d) all of the above
47
48
And the Atheist's argument completly circumvents the legality of the situation. I've got nothing but respect for a person who sticks to their religious practices but I can't respect it when it becomes a legal issue or harms another.
Totally dig the ZardOz avatar, man. Cuz, ya know: "The gun is good. The penis is evil. The penis shoots seeds, and makes new life to poison the Earth with a plague of men, as once it was, but the gun shoots death, and purifies the Earth of the filth of brutals. Go forth ... and kill!"
You were making a point without realizing it there homey.
Word.
Totally dig the ZardOz avatar, man. Cuz, ya know: "The gun is good. The penis is evil. The penis shoots seeds, and makes new life to poison the Earth with a plague of men, as once it was, but the gun shoots death, and purifies the Earth of the filth of brutals. Go forth ... and kill!"
You were making a point without realizing it there homey!
Word.
54
56
Hopefully you don't go by Harold Camping's prophecies.
So Cienna If you are not an honest true reporter, but aspire to be, then I would ask you to really do some more research on the subject with an objective non judemental mindset. Research the pharmacy law and lingo so you know the appropriate questions to ask. If you really want to be a consumer advocate interview those people who had those bad expierinces at those particular pharmacies, then with the proper facts recreate the scenario and go to that pharmacist and see how you are treated. Undercover is what I am getting at. Then armed with the evidence file a complaint to the board of pharmacy to move to have that pharmacist license suspended. That is the only way to get rid of some nutball pharmacist who has no business in the practice of pharmacy. Which I can assure you nutballs like that are few and far between but need to have their licenses removed for the safety of the public. The dept. of health can't act by word alone they have to have clear and convincing evidence of law breaking and a hand written complaint form to take action. And in this day and age of internet, phone cameras and video I don't think it would be hard to catch a nutball in action. Thank you for listening to my gibberish. Geraldine.








RSS
Comments (60) RSS