Guaranteed Access to Prescriptions

Washington law guarantees that women's birth control prescriptions will be filled.  Upon receipt of a valid and lawful prescription for an FDA approved drug or device, a pharmacist must dispense the drug or device or a suitable alternative without delay.  If the pharmacy does not have the drug or device or a suitable alternative in stock, the pharmacy must obtain the drug or device in a manner consistent with customary pharmacy practice.  In the alternative, a patient may choose to have the prescription transferred to a different pharmacy or have the prescription returned to her.

Nothing under Washington law interferes with a pharmacist screening for potential drug therapy problems, including inadequacies in the instructions, contraindications, drug interactions, or potentially fraudulent prescriptions.

Wash. Admin. Code 246-863-095; Wash. Admin. Code 246-869-010.

A group of pharmacists challenged the constitutionality of the law and in November 2007 a federal district court granted their motion for a preliminary injunction.  Storman's Inc. v. Selecky, No. 07-CV-05374-ORD (W.D. Wash. Nov. 8, 2007) (order granting preliminary injunction), appeal docketed, Nos. 07-36039, 07-36040 (9th Cir. Dec. 13, 2007).  In May 2008, the U.S. Court of Appeals for the Ninth Circuit denied the appellants' motion to stay the district court's injunction pending appeal, however a motion to expedite oral argument in the case was granted. Storman's Inc. v. Selecky, Nos. 07-36039, 07-36040 (9th Cir. May 1, 2008).  In July 2009, the Ninth Circuit Court of Appeals lifted the injunction, noting that pharmacists were required to dispense the emergency contraceptive Plan B, even if they personally objected to the medication based on religious reasons, restoring women's access to birth control in the state.  While the injunction was lifted and the requirement for pharmacies to stock and dispense Plan B took effect immediately, the case was remanded back to the district court for further consideration.  Storman's Inc. v. Selecky, No. 07-36039 (9th Cir. Jul. 8, 2009).