PGHIMC - Pittsburgh Independent Media Center

PA Birth Control Access at Risk
by Rep. Dan Frankel (via Ben Turner) Wednesday, Dec. 14, 2005 at 6:11 PM
bturner@pahouse.net (email address validated)

Rep. Dan Frankel, D-Pittsburgh, is working to stop a growing trend of pharmacists denying access to emergency contraception and other legal prescription drugs such as birth control. Planned Parenthood did a survey of PA pharmacies that found some surprising results.

From: State Rep. Dan B. Frankel
D-Allegheny
http://www.pahouse.com/frankel

FOR IMMEDIATE RELEASE

Lawmakers, advocates unveil results of birth-control survey,
legislation that would guarantee access to legal prescription drugs

HARRISBURG, Dec. 6 – State Rep. Dan Frankel, D-Allegheny, today unveiled legislation he has introduced that would guarantee Pennsylvanians’ access to birth control and other legal medications.

He was joined by colleagues from the General Assembly and women’s health advocates, who announced the results of recent Pennsylvania surveys they conducted on pharmacy refusals to fill prescriptions, particularly ones for birth control.

“I am concerned about a growing trend of pharmacists refusing to fill or transfer prescriptions because of their personal beliefs,” Frankel said. “As shown by a recent ’60 Minutes’ report and these surveys, this trend especially affects emergency contraception. But it shouldn’t be the pharmacist’s decision – it should be your decision.

“I want to clear up a misconception. Emergency contraception is not abortion – in all but a small percentage of cases, it prevents the egg from becoming fertilized. If you took it and were already pregnant, you would still be pregnant.

“Emergency contraception is critical in cases of rape or accidents like condom breaks. But it has to be taken within 72 hours to be effective, so a busybody pharmacist can be a serious problem. I would like to emphasize that most pharmacists do their jobs professionally.”

The surveys by Planned Parenthood Pennsylvania Advocates found 21 pharmacists who would refuse to fill a prescription for emergency contraception. Statewide, 43 percent of pharmacies don’t stock it and 18 percent overall said they wouldn’t order it. Also, 2.6 percent of Pennsylvania pharmacies surveyed employ pharmacists who refuse to dispense birth control, and another 17.5 percent were unsure or refused to answer.

The U.S. Supreme Court ruled in 1965 that constitutional guarantees of privacy protect Americans’ ability to purchase birth control.

“Most Pennsylvanians take that right for granted. But that right means less if your local pharmacist can deny you the medication by saying ‘I don’t approve -- you’re not married, or ‘I know you got divorced and remarried.’ This denial is even more burdensome in rural areas where customers have fewer options,“ Frankel said.

“Preserving access to birth control is just common sense. It leaves the decision to each family, and it reduces the numbers of unintended pregnancies and abortions,” Frankel said.

“As trusted health-care providers, pharmacists have an ethical and professional responsibility to provide medication that doctors believe is medically necessary for their patients’ health and well-being. I firmly believe that one’s personal beliefs should not interfere with the doctor-patient relationship,” Frankel said.

Frankel’s legislation (H.B. 2217) would require pharmacies in Pennsylvania to dispense, order or transfer any customer’s legal prescriptions, including contraceptives. If a pharmacist refuses to comply, the pharmacy would be required to have another pharmacist who is employed there fulfill those duties. Additionally, pharmacists with personal objections would be banned from harassing, humiliating or intentionally violating the confidentiality of customers seeking to fill prescriptions.

In June, the American Medical Association passed a resolution endorsing federal and state legislation that would require pharmacies to fill all legally valid prescriptions. Legislation similar to Frankel’s bill has been introduced in several states, according to the National Conference of State Legislatures.

Detailed results of the surveys of Pennsylvania pharmacies are available on Frankel’s Web site: http://www.pahouse.com/frankel.

###

Below: Summary of some key findings of the surveys of Pennsylvania pharmacies.

Summary from Planned Parenthood Pennsylvania Advocates
December 2005

SIGNIFICANT FINDINGS FROM PHARMACIST REFUSAL SURVEYS

During the official survey, we identified 21 pharmacists who would refuse to fill a prescription for emergency contraception (EC).

Roughly half of all pharmacies statewide stock EC
47.19% in Secret Shopper Survey
55.10% in Official Survey

There is wide variance between the percentage of pharmacies that stock EC in rural and urban areas of the state.

RURAL
York, Fulton, Franklin & Adams Counties: 40.32%
Northern Tier of the state (Armstrong, Bradford, Cameron, Clarion, Clearfield, Columbia, Crawford, Elk, Erie, Fayette, Forest, Lawrence, Lycoming, Jefferson, Lebanon, McKean, Mercer, Montour, Northumberland, Pike, Potter, Snyder, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, and Wayne Counties): 39.05%
SUBURBAN/URBAN
Philadelphia County: 52.31%
Delaware County: 56.91%
Montgomery County: 54.35%
Bucks County: 58.53%

While less than half of pharmacies actually had EC in stock statewide, less than half of those pharmacies were able to provide the patient with EC within 24 hours.
52.69% unable to fill the patient prescription that day.
46.37% of pharmacies without EC in stock were able to obtain EC within 24 hours.
Due to the time-sensitivity of emergency contraception, this is a major concern. Many incidents warranting the use of emergency contraception occur over the weekend. The lapse between when the incident occurs, the prescription is secured and the pharmacy orders and receives the medication may end up putting a woman outside of the effective time period for EC.

Within the Official Survey, two findings stand out as major concerns:

Only 21.24% of pharmacists and pharmacy managers believed their pharmacy had a policy on pharmacist refusals. Most of the pharmacies surveyed were national chains, almost all of which have pharmacist refusal policies. This lack of awareness means the existence of a company policy has not been made clear to the employees most apt to ensure it is put into effect.

Furthermore, when asked whether the pharmacy employs individuals who would refuse to dispense emergency contraception, 25.81% of pharmacy managers were unsure. This lack of awareness is concerning. Even a pharmacy with an acceptable policy can violate a woman’s rights if they are not aware of an employee’s moral opposition to a medication and whether or not that belief system is being imposed on a patient.

www.pahouse.com/frankel