Ninth U.S. Circuit Court of Appeals Defends Women’s Health, Reverses Injunction Against Pharmacy Board Rules
NARAL Pro-Choice Washington applauds today’s Ninth U.S. Circuit Court of Appeals ruling that U.S. District Judge Ronald Leighton abused his discretion when he imposed a statewide injunction on two Washington State Pharmacy Board rules (WAC 246-869-010 and WAC 246-863-095) that protect patients’ access to legally prescribed medications and women’s access to birth control. “The Ninth Circuit clearly saw that Judge Leighton’s blanket injunction against the Pharmacy Board rules unnecessarily and dangerously restricted access to needed medications, including women’s access to birth control,” said Lauren B. Simonds, M.S.W., executive director of NARAL Pro-Choice Washington. “Today’s ruling is a step towards ensuring that our laws and policies serve to increase access to women’s health care, and is an important part of the ongoing national conversation about health care refusal clauses.” The Ninth Circuit has reversed and vacated the injunction against the rules and has sent the case (Stormans Inc. v. Selecky) back to Judge Leighton’s district court in Tacoma “for further proceedings consistent” with today’s decision. The two rules (1) require pharmacies to ”deliver lawfully prescribed drugs and devices to patients. . . in a timely manner” and make it illegal for a pharmacy to refuse to deliver a lawfully prescribed or approved medicine, and (2) state a pharmacist may not unlawfully discriminate against, intimidate or harass a patient. Furthermore, “a pharmacy may accommodate a pharmacist’s personal objections in any way the pharmacy deems suitable, including having another pharmacist available in person or by telephone.” “The Pharmacy Board unanimously passed these rules to help ensure that patients will be able to access time-sensitive medications, like Plan B emergency contraception, without hassle or delay,” added Simonds. “The personal, non-medical judgments of pharmacists should not stand between a patient and her or his medical needs. That is why NARAL Pro-Choice Washington and our allies worked so hard to get these rules passed.” The full Ninth U.S. Circuit Court of Appeals opinion is available here. NARAL Pro-Choice Washington is the leading grassroots pro-choice advocacy organization in Washington state. NARAL Pro-Choice Washington works to protect every woman’s right to access the full range of reproductive health options, including preventing unintended pregnancy, bearing healthy children, and choosing legal abortion. NARAL Pro-Choice Washington is the state affiliate of NARAL Pro-Choice America. ###
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