Guaranteed Access to Prescriptions

California law guarantees that women's birth control prescriptions will be filled.  Pharmacists are prohibited from obstructing a patient's access to a legally prescribed drug or device, except under limited circumstances, such as if dispensing the drug is a violation of law or would be harmful to the patient.  

If the prescribed drug is not in stock, the pharmacist must: (1) immediately notify the patient and arrange for the drug or device to be delivered to the pharmacy or directly to the patient in a timely manner; (2) promptly transfer the prescription to a nearby pharmacy known to stock the drug or device; or (3) return the prescription to the patient and refer the patient to a nearby pharmacy.

A pharmacist may refuse to dispense a drug or device based on ethical, moral, or religious grounds but only if the pharmacist has previously notified his or her employer in writing of the objection, and the employer can accommodate the objection without undue hardship.  Under those circumstances, employers are required to establish protocols that guarantee that a patient has timely access to the prescribed drug or device, notwithstanding the pharmacist's objection.

All pharmacies are required to prominently display a notice for women and other consumers that explains their rights to access to prescription drugs or devices. A written receipt that contains the required information may be provided to consumers as an alternative to posting the notice in the pharmacy.  

The Board of Pharmacy and its executive officer are allowed to issue citations and letters of admonishments for violations of the law.  

Cal. Bus. & Prof. Code §§ 733, 4122, 4314, 4315 (Enacted 2005; Last Amended 2006).