http://www.pharmacist.com/emergency-contraception-otc-or-not-pharmacists-are-important

This week’s topic is ethics and emergency contraception (EC).  The main question posed here is, should ethics play a part in the dispensing of EC.  Many questions arose in my last post regarding pharmacist’s ability to refuse to dispense an emergency contraceptive based on their personal beliefs.  These “conscience clauses” were enacted in response to the Roe v. Wade case in 1973 (National Conference of State Legislators, 2012).   These clauses were initially intended to protect those health care providers from performing abortions or abortion related services when they violated their religious or moral obligations.  With the advent of emergency contraception, the clauses have been challenged and forced some states to enact specific laws and regulations relating to dispensing or not dispensing emergency contraception.  In my opinion, this is absurd.  A previous blogger brought up the point of dispensing HIV medications.  Should a pharmacist be allowed to determine that the medication you are receiving does not fall in line with his/her religious or moral obligations, therefore, you should not be taking it?  They certainly have the right to refuse, according to some laws, but if they do, they have to provide an alternative for customers.  Unfortunately, conscience clauses lack federal legislation and are only maintained at a state level.  There are several bills that have been introduced by Members of Congress to address this issue.   Two acts were implemented in 2005 to protect consumers, the “Access to Legal Pharmaceuticals Act” and “Pharmacy Consumer Protection Act of 2005.”  These two acts say basically the same thing, pharmacies must fill valid prescriptions presented by consumers.  They do, however, allow for the refusal based on religious or moral obligations.  If that is the case, the pharmacist must provide other methods for the patient to obtain the prescription.  I have included the links to those bills at the end of this post.

Feder, J.  (2010).  Federal and state laws regarding pharmacists who refuse to dispense contraceptives.  CRS Report for Congress.  Retrieved at http://congressionalresearch.com/RS22293/document.php

National Conference of State Legislators.  (2012).  Pharmacist conscience clauses:  Laws and information.  Retrieved at http://www.ncsl.org/research/health/pharmacist-conscience-clauses-laws-and-information.aspx

Access to Legal Pharmaceuticals Act 2005:

S. 809–109th Congress: Access to Legal Pharmaceuticals Act. (2005). In http://www.GovTrack.us. Retrieved January 27, 2014, from http://www.govtrack.us/congress/bills/109/s809

http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.1652.IH:

Pharmacy Consumer Protection Act of 2005:

http://www.gpo.gov/fdsys/search/pagedetails.action?packageId=BILLS-109s778is