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Fast Facts
Guaranteed Access to Prescriptions
What can be done about pharmacists who refuse to fill women's prescriptions for birth control? |
| Laws that guarantee women’s access to prescriptions are becoming increasingly necessary to address the growing issue that some pharmacists refuse to fill women’s legally prescribed birth control. Some pharmacists even go so far as to lecture women, humiliate them at the counter, or refuse to hand back a prescription. When a woman walks into a pharmacy with a birth-control prescription from her doctor, she should walk out with the medication—without intimidation, delay, or harassment. |
CURRENT STATE LAWS7 states guarantee that women's birth control prescriptions will be filled: CA, IL, ME, NV, NJ, WA, WI.
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2009 ENACTED STATE LEGISLATION1 state enacted 1 measure guaranteeing that women's birth-control prescriptions will be filled: WI. |
2009 NOTABLE CASES
In November 2007, in Storman's Inc. v. Selecky, the U.S. District Court for the Western District of Washington granted pharmacists' motion for a preliminary injunction against Washington's pharmacy board's rule that requires pharmacists to dispense drugs and devices approved by the Food and Drug Administration. In July 2009, the Ninth Circuit Court of Appeals lifted the injunction and the law took effect immediately, but the case was remanded back to the district court for further consideration.
In December 2008, in Morr-Fitz, Inc. v. Blagojevich, the Supreme Court of Illinois reversed a lower court's dismissal of pharmacists' challenge to the Illinois rule guaranteeing women's access to birth-control prescriptions, sending the case back to the lower courts without ruling on the merits of the regulation. In April 2009, a county circuit court judge issued a temporary restraining order against the statute as it applies to the pharmacies who are parties to the suit, until the judge hears the pharmacists' objections.
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2009 NOTABLE DEVELOPMENTS
In the face of laws — including a federal rule that went into effect just this year — that allow providers broad license to refuse to provide basic medical services, pro-choice measures that guarantee women's access to birth control have become even more essential. Considering that the vast majority of women use birth control at some point in their lives, access to this basic and necessary medication should be routine, not subject to government or corporate interference.
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| For a map of all states with Guaranteed Access to Prescriptions - click here. | |
