Oregon Pharmacy Board Adopts Policy that Requires Pharmacists, Regardless of Moral Objections, to Make Sure Patients Get Their Prescription Medications

Unfortunately, women in Oregon faced similar refusals that put their health at risk and violated their privacy and dignity. In response, in November of 2005 the Oregon Board of Pharmacy issued a policy that gave pharmacists the right to refuse to fill prescriptions.

In coalition with Oregon groups Planned Parenthood of the Columbia Willamette, Planned Parenthood Health Services of Southwestern Oregon, and NARAL Pro-Choice Oregon, the Northwest Women's Law Center urged the Board to change its policy to protect patients' access to lawful prescriptions. In recognition of the harm and discrimination women suffer when pharmacists can refuse to fill a prescription that is urgently needed to prevent unwanted pregnancy, and that only women will ever need, the Board of Pharmacy acted in June to adopt a new policy. (view policy >>) Under this policy, there is no express "right" on the part of a pharmacist to refuse to fill a prescription. Instead, a pharmacist with a moral or religious objection to filling a particular prescription must give his or her employer advance notice of the objection. The "pharmacist in charge" must have a written policy in place to address such refusals, which can include requiring the pharmacist to fill the prescription anyway or allowing another pharmacist to do so on site. A pharmacist could also refer the patient to another pharmacy, but can only do so after he or she has confirmed that another pharmacy nearby can and will fill the prescription for the patient. Moralizing, lecturing, or humiliating the patient is expressly forbidden.

In plain language, when a woman takes her contraception prescription to a pharmacy in Oregon, she will either get her pills, without a sermon, or she will be politely informed as to which nearby pharmacy she can go to immediately get her prescription filled. Right then, right now, without interference. And if that doesn't happen, the patient should file a complaint with the Oregon Board of Pharmacy immediately (how to register a complaint >>). Then, please let us know (email:nwwlc@nwwlc.org) if you have had any problem getting a lawful prescription filled in Oregon, or anywhere in the Northwest.

The Northwest Women's Law Center is pleased that, in Oregon and Washington, all patients - men, women, and children - need not fear obstruction, moralizing, or impediments when they go to get a prescription filled. However, as with any new law, only time will tell whether the policy is enough to ensure that women's rights are really protected. The Northwest Women's Law Center will remain watchful for pharmacists that violate that policy and stand in the way of women's health.

Thanks for your ongoing support of the Law Center.

If you've been refused at the pharmacy counter, we'd like to hear about it. Please contact us at nwwlc@nwwlc.org.