Guaranteed Access to Prescriptions

Illinois law guarantees that women's birth control prescriptions will be filled.  Upon receipt of a valid and lawful prescription for contraception, a pharmacy must dispense the contraceptive or a suitable alternative without delay.  If the pharmacy does not have the contraceptive or a suitable alternative in stock, the pharmacy must obtain the contraceptive under its standard procedures for ordering contraceptive drugs.  In the alternative, a patient may choose to have the prescription transferred to a different pharmacy or have the prescription returned to her.

All pharmacies are required to prominently display a notice for women and other consumers that explains their right to prescription contraceptives without hassles, lectures, or delay.  The notice must be clearly visible from the area at which the pharmacy takes prescriptions and must include information about how to file a complaint with the Department of Financial and Professional Regulation in the event of a violation.  

Nothing under Illinois law interferes with a pharmacist screening for potential drug therapy problems, including contraindications, drug interactions, and incorrect drug dosage or duration of drug treatment.

This law has been challenged in court.  Menges v. Blagojevich, No. 3:05-CV-O3307-JES-BGC (C.D. Ill. filed Dec. 21, 2005); Morr-Fitz, Inc. v. Blagojevich, No. 104692 (Ill. filed May 23, 2007); Vandersand v. Wal-Mart, No. 3:06-CV-03292-JES-DGB (C.D. Ill. filed Dec. 11, 2006).  

Parties reached a settlement agreement in the Menges and Vandersand cases.  The Meneges settlement agreement provides for an amendment to the law that would allow pharmacies to work by electronic communication with an off-site pharmacist to process the request if an individual pharmacist objects to dispensing the medication and no other pharmacist is available on-site.  Women would still receive the medication on-site, if the medication is in stock.

On December 18, 2008, the Supreme Court of Illinois reversed the lower courts' dismissal of the pharmacists' complaint in the Morr-Fitz case, sending the case back to the lower courts without ruling on the merits of the regulation. Morr-Fitz, Inc. v. Blgojevich, No. 104692 (Ill. 12/18/08).  On April 3, 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 Morr-Fitz, Inc. v. Blagojevich suit, until the judge hears the pharmacists' objections.  Morr-Fitz, Inc. v. Blagojevich, No. 05CH495 (Ill. 04/03/09).  

Ill. Admin. Code tit. 68, § 1330.91 (Enacted 2006; Last Amended 2008).