[Pflienews] PFLI PharmFacts E-News Update: WA State Caves, will grant Pharmacists Conscience Rights

PFLI PharmAid Center pfli at pfli.org
Wed Jul 7 19:59:36 MDT 2010



*PharmFacts E-News Update -- 7 July 2010 AD
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PRESS RELEASE
*Contact:* Montserrat Alvarado
*Phone:* 202-590-6966 	

*FOR IMMEDIATE RELEASE
*

**July 7, 2010

*Washington State Capitulates, Recognizes Pharmacists' Conscience Rights*

July 7, 2010

This afternoon, less than two weeks before the start of a civil rights 
trial in Tacoma federal court, attorneys for the State of 
Washington told a federal judge that the State would seek to create new 
rules for pharmacists with conscientious objections. The new regulations 
would give the plaintiffs in the lawsuit--the owners of Ralph's 
Thriftway pharmacy and two pharmacists--what they've wanted all along: 
the right to refuse to stock or dispense Plan B (the so-called "morning 
after pill") based on their conscientious objection.

This is an enormous about-face for the State, which has for several 
years maintained that it had to restrict the religious freedoms of 
pharmacies and pharmacists in order to ensure patient access to the 
morning after pill. In its filing today, however, the State concedes 
that allowing pharmacists with conscientious objections to refer 
patients to other pharmacies "is a time-honored pharmacy practice" that 
is "often in the best interest of patients, pharmacies, and pharmacists" 
and "do[es] not pose a threat to timely access to lawfully prescribed 
medications." Based on the State's representations, the Plaintiffs have 
agreed to allow the trial to be postponed while the Washington State 
Board of Pharmacy undertakes its rule-making process.  Washington State 
is capitulating less than a month after The Becket Fund for Religious 
Liberty<http://www.becketfund. org> helped Plaintiffs defeat 
Washington's motion for summary judgment.

"This sends a clear signal to Governor Christine Gregoire that her 
bullying tactics are not acceptable. First she threatened to fire the 
members of the State Board of Pharmacy if they did not agree with her; 
then, she tried to pressure the pharmacy by joining a boycott against 
Ralph's Thriftway," said Eric Rassbach, National Director of Litigation 
for the Becket Fund for Religious Liberty. "It may come as a surprise to 
her, but conscientious and principled people like the owners and 
pharmacists of Ralph's Thriftway are the backbone of this country."

The controversy began in 2006 when the State Board of Pharmacy 
unanimously supported a rule protecting conscience for pharmacy workers. 
The Board voted in favor of a regulation allowing pharmacists with 
religious objections to refrain from dispensing Plan B and to refer 
patients to nearby suppliers. Governor Gregoire soon learned about the 
protection, publicly threatened to fire the Board's members, and even 
called them late at night to lobby them. Matters escalated when the 
State's Human Rights Commission insinuated that Board members could be 
held personally liable under gender discrimination laws if they 
supported the regulation.

Buckling under these pressures, the Board decided to reconsider the 
issue and instead adopted new language mandating pharmacies to stock and 
dispense the medication even when doing so violates their conscience. 
The Board adopted this regulation even though it admitted it found no 
evidence that anyone in the state had ever been unable to obtain Plan B 
(or any other time-sensitive medication) due to religious objections. 
The Becket Fund's clients, a family owned pharmacy and two individual 
pharmacists, filed suit to prevent the new regulation from forcing them 
out of their profession.

 "Americans should not be forced out of their professions solely because 
of their religious beliefs--but that is exactly what Washington State 
sought to do," said Luke Goodrich, legal counsel at The Becket Fund. 
"The government should accommodate and protect the fundamental rights of 
all members of the medical profession, not punish some members because 
of their religious beliefs."

Legal Voice, a group that intervened in the case to defend the 
regulations, has already decried Washington's change, calling it an 
"outrage."

The Becket Fund represents the plaintiffs along with Kristin Waggoner 
and Steven O'Ban of the Seattle firm Ellis, Li & McKinstry, PLLC.

Based in Washington, D.C., The Becket Fund for Religious 
Liberty<http://www.becketfund. org> is a nonpartisan public-interest law 
firm dedicated to protecting the free expression of all religious 
traditions.

For more information or to arrange an interview with one of the 
attorneys, email Kristina Arriaga, atkarriaga at becketfund.org<
mailto:karriaga at becketfund.org >, or call cell 703.582.8962

**_Resources and Documents_**:
Petition for Rehearing

9th Circuit Court Opinion

Revised 9th Circuit Court Opinion Granting Petition
Final Response to MSJ
 


**_Other sources:_**
Letter from Christine O. Gregoire, Governor of Washington State, to Dr. 
Asaad Awan, Chair, Washington State Board of Pharmacy (June 1, 2006)
Original 2006 State Board of Pharmacists draft language
The Becket Fund is also fighting for healthcare workers' conscience 
rights at the federal level, opposing an Obama 
Administration proposal to eliminate a regulation that protects those 
conscience rights. The regulation, which went into effect on January 20, 
2009, protects health care workers who want to opt out of performing 
procedures or dispensing medications that would violate the ir 
conscience. On April 8, 2009, The Becket Fund submitted a response that 
provides a detailed history of conscientious objection and the legal and 
historical support for the right of conscience in the health care 
profession. The Becket Fund also wrote an op-ed for the Washington Times 
on conscience clauses, authored by Founder Seamus Hasson and Legal 
Counsel Luke Goodrich. 


**_Press Coverage:_**
AP Reports
Seattle Times Reports
 
_One Minute Lawyer_
 
Alliance Alert
 
The Seattle Times
 
Everyday Olympia
###





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PFLI supports pharmacist rights of conscience NOT to be forced to 
dispense or counsel for chemicals which violate their sincerely held 
religious, moral or ethical beliefs.  For more info see:
http://www.pfli.org/main.php?pfli=conscienceclausefaq

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