Pharmacists Sue to Avoid Dispensing Plan B Contraception

By Anastacia Mott Austin

Two pharmacists in Olympia, Washington, and the owners of the Ralph’s Thriftway where they are employed, filed a lawsuit in federal court over a new law that took effect Thursday.

The law says that pharmacists may not refuse to dispense the emergency contraception Plan B, which prevents an egg from being released from the ovary and thus prevents pregnancy. There is a provision in the law that allows for a pharmacist who does not wish to give Plan B to a customer to avoid doing so, as long as there is another pharmacist on the premises who can dispense the medication.

The two pharmacists, Rhonda Mesler and Margo Thelen, say it isn’t always possible to have another pharmacist on hand, and feel that the new law violates their religious freedom. The suit reads, in part, that the plaintiffs feel they are being made to choose "[between] their livelihoods and their deeply held religious and moral beliefs."

Stormans, Inc., the owners of the Ralphy’s Thriftway in Olympia, are also plaintiffs in the case.

Levonorgestrel, a form of synthetic estrogen similar to that found in regular birth-control pills, along with progestin, is sold as Plan B in a higher dose than the standard pill. It is commonly prescribed to rape victims, as well as women who have had unprotected sex or interruptions to their birth-control pill cycle. If taken within 72 hours of unprotected sex, its pregnancy prevention rate is 89 percent.

According to the FDA informational website about Plan B, it works primarily by preventing the release of an egg from the ovary. It can also prevent fertilization of an egg already released.

It can possibly also prevent the implantation of a fertilized egg. The pharmacists in the case believe it is this aspect of the contraception that interferes with their religious beliefs. However, Plan B cannot terminate a pregnancy that has already been implanted into the uterine lining. Some experts counter that the drug does not prevent implantation, and that question will likely take a central role in the lawsuit, with medical and scientific witness testimony expected.

The complaint reads, in part, "Plaintiffs, who are health care providers, believe human life begins at fertilization and that only God should determine the beginning and end of life."

The attorney for the plaintiffs, Kristen Waggoner, added to reporters, "The stakes really couldn’t be much higher."

Says Janet Blanding, a women’s rights advocate in Olympia, "There is no proof [that Plan B prevents implantation]. If indeed this goes to trial, expert witnesses will testify for the state and scientific evidence will be introduced that Plan B does not end a pregnancy; it prevents pregnancy."

The suit has spurred strong criticism from women’s organizations and pro-choice rights’ groups. NARAL Pro-Choice Washington’s website calls the suit a "shocking disregard for patient’s health." NARAL’s Washington leader Karen Cooper issued a statement that the suit was without merit, and the plaintiffs were "rogue pharmacists." "These rules are necessary precisely because of pharmacists like the plaintiffs in this suit," wrote Cooper. "Patient access to appropriate care should not be undermined by personal, non-medical judgments."