Pharmacy Refusals 101: State Legislative Update

by Jen Swedish, Health Law Fellow, 
National Women’s Law Center  

As we’ve mentioned before, the problem of pharmacist refusals just isn’t going away! Around the country, pharmacists refuse to fill valid prescriptions for contraception or sell emergency contraception over-the-counter (EC OTC) based on their personal beliefs. The issue also continues to receive attention from state legislators, as shown in our newly updated Pharmacy Refusals 101 factsheet.

So far in the 2009 legislative session, 12 states are considering 19 proactive bills to prohibit or limit refusals. The majority of these bills would prevent pharmacies or pharmacists from denying access to contraception based on personal beliefs, including 12 bills that would apply to EC OTC. 

Unfortunately, legislators on the other side of the issue are also actively working on this issue. So far, legislators in 11 states have introduced 14 bills that would permit pharmacists to refuse to fill prescriptions based on their personal beliefs without providing any protections for the patient. A few of these refusal bills are moving:

• In mid-March, an omnibus anti-choice bill passed out of Arizona’s House of Representatives and is now awaiting action in the Senate. Among other provisions, this bill would allow pharmacies and pharmacists who cite a moral or religious objection to refuse to provide EC. 
• Just this week, Idaho’s House passed a bill allowing a pharmacist to refuse to provide any drug that violates his or her conscience with no protection for the patient. The bill now goes to the state Senate.
• Last month, a Missouri refusal bill was voted out of committee and is currently awaiting action on the House floor. This bill would allow pharmacies to refuse to dispense “abortifacient[s], including but not limited to the RU 486 drug and emergency contraception” – incorrectly classifying EC, an FDA-approved contraceptive, as an abortion pill despite medical consensus to the contrary.

We’re hoping that none of these refusal bills moves any further through their state’s legislative process, but we’ll keep you posted. For more information on pharmacy refusals in the states, check out the extensive resources on our website.