Article Excerpt
IN JANUARY 2009, A MOTHER of six walked into a Walgreen’s pharmacy in Milwaukee, Wis., to get a prescription filled for emergency contraception (EC). The condom she and her partner were using had burst and she wanted to take precautions against pregnancy. However, when she handed the prescription over to the pharmacist, not only did the pharmacist refuse to fill it, but publicly humiliated her in the presence of other customers, calling her a “murderer” and “baby killer.” When the woman spoke to the pharmacy manager she was informed that it was company policy to let the pharmacist decide whether or not to fill a prescription. Too traumatized by the whole incident to try filling it elsewhere, the customer left the store, and according to a report in the Milwaukee Journal Sentinel, later had an abortion.
This scenario is becoming more common as part of a concerted assault on safe and legal reproductive health care services, seeking to enshrine the right to refuse a prescription into laws nationwide.Standard refusal clauses are nothing new. Statutory barriers to women accessing legal reproductive health services proliferated across the country after the 1973 Roe v. Wade decision. First, Congress enacted the Church Amendment in 1973, which stated that the receipt of federal funds does not require health care providers to make abortion and sterilization services available. Since then, 46 states have passed laws modeling that legislation which allows certain medical professionals and entities to opt out of performing certain legal medical procedures, mostly, abortion.The latest twist in the bat-tie over the provision of reproductive health services, commonly called “pharmacy refusals,” has spawned legislative battles across the country. Often spurred on or heavily supported by either the US Conference of Catholic Bishops or local bishops’ conferences, refusal dames have also received support from the Catholic Health Association (CHA). The CHA is the trade association of the Catholic health industry and, among other roles, represents the interests of Catholic health care providers on Capitol Hill and in local legislatures. It claims to be “the largest not-for-profit provider of health care services in the nation” and, according to its 2005-2006 advocacy agenda, the preservation of what it terms “conscience” clauses is deemed a priority.THE BULLY PULPITIn Illinois, Chicago Auxiliary Bishop Thomas Paprocki vehemently opposed an emergency rule filed by Democratic Governor Rod Blagojevich on April 1 requiring pharmacies “that stock and dispense contraceptives to fill birth control prescriptions without delay.” The order mandates that out-of-stock contraceptives must be ordered according to standard procedures and protects patients by requiring that, if unfilled, a prescription must be transferred to another local pharmacy or returned to the patient if the patient so desires. Since the governor’s emergency rule will expire after 150 days, he filed for a permanent rule on April 18, 2005.
The order provoked Bishop Paprocki to single out the governor during a mass at St. Hyacinth’s Basilica in April. “Mr. Governor, out of respect for Pope John Paul II, please respect his wishes … rescind your order. Let our pharmacists be free to follow their faith,” he said. (Washington Times, April 4, 2005) Governor Blagojevich has not backed down, but three challenges have since been filed against the order.
Bishop Paprocki may have overplayed his hand. Using his pulpit to intervene in a political issue is not likely to earn him support from Catholics and further, Catholics overwhelmingly support family planning, including access to EC. A recent poll showed that 75 percent of US Catholics believe that the church should allow the use of contraception. (Baltimore Sun, April 10, 2005) Even the Ethical and Religious Directives governing Catholic health care facilities allow the provision of EC to women who have been raped. (USCCB, 4th Edition, 2001) Catholics in the US, like those in other countries, object to the pulpit being used to espouse political views. During the last election cycle, a full 70 percent of US Catholics did not believe the views of Catholic bishops were important in deciding for whom to vote. (Belden Russonello & Stewart poll for Catholics for a Free Choice, “The View from Mainstream America: The Catholic Voter in Summer 2004,” July 2004)
AN UNFAIR FIGHT?
Public opinion on the issue of pharmacy refusals is solidly on the side of full access to prescribed pharmaceuticals. When Americans were asked whether or not pharmacists who personally oppose birth control for religious reasons should be able to refuse to fill an order for birth control, a full 80 percent say no. Only 16 percent believed that pharmacists should be able to refuse service. Even 74 percent of “prolifers” opposed giving pharmacists this power. (Lake Snell Perry Mermin/Decision Research poll for NARAL Pro-Choice America, June 6, 2005)
Despite this overwhelming public support, laws governing pharmacists vary considerably from state to state. According to the National Women’s Law Center, legislators in 28 states have filed bills that would allow pharmacists to refuse to fill prescriptions based on their personal beliefs. In just the first half of 2005, refusal clause bills were introduced in Arizona, Arkansas, California, Georgia, Indiana, Maryland, Michigan, North Carolina, Rhode Island, South Dakota, Tennessee, Texas, Vermont, West Virginia and Wisconsin.
However, legislation has also been introduced in five states (California, Missouri, New Jersey, Nevada and West Virginia) to protect the rights of patients seeking legal, essential health care services.
In Arizona, Governor Janet Napolitano (D) vetoed a bill (HB 2541) that would have allowed pharmacists to refuse to fill a prescription for emergency contraception. Not surprisingly, this veto brought swift condemnation from the Arizona Catholic Conference: “With the veto of HB 2541, health care providers’ inalienable civil rights are apparently …….. |
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