Planned Parenthood to make casefor birth-control at pharmacy meeting

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Montana needs to find a way, either through administrative rule or legislation, to protect consumer access when pharmacists refuse to dispense contraceptives because of religious beliefs, a Planned Parenthood of Montana spokeswoman said Tuesday.

The organization will present its case, along with model language for a new state rule or law, at the Montana Board of Pharmacy's April meeting. One possible strategy would include allowing non-pharmacists to dispense prepackaged birth control, said Stacey Anderson, director of public affairs for Planned Parenthood of Montana.

''Planned Parenthood of Montana believes that pharmacies have a duty to ensure provision of U.S. Food and Drug Administration-approved contraception,'' she said.

The news follows last week's decision by the Montana Board of Pharmacy to dismiss 11 complaints against a pharmacist in the rural southeastern Montana town of Broadus. The pharmacist, John Lane, announced last year he would no longer dispense birth control or ''morning-after'' pills because of his religious beliefs. Lane, a Catholic, believes human life begins at conception.

Anderson said in a news release that birth control refusals are a ''disturbing trend'' that jeopardize women's health and safety. Lane's decision ''highlights the need for a Board of Pharmacy rule or a state statute to protect the health care needs of Montana women,'' she said.

''With over 90,000 Montana women in need of birth control, widespread pharmacy access ensures that women are able to make the health care decisions that are best for them and their families,'' she said.

Under state law, pharmacy is a professional practice that affects the public's health, safety and welfare and is subject to regulation and control ''in the public interest,'' Anderson said.

''Similar to other health care and service providers -- including hospitals, outpatient clinics, and dental clinic -- pharmacies and pharmacists should be regulated to not only protect patients, but also to guarantee nondiscriminatory practices and access,'' she said.

Anderson said Planned Parenthood of Montana wouldn't be opposed to a policy that permits accommodation of an individual's religious beliefs, ''provided that the accommodation does not cause the customer delay or untold barriers to accessing service.''

''Customers' access to services in-store, without discrimination or delay, is paramount,'' Anderson said. ''In Montana, this accommodation may be achieved through a combination of rule-making and/or statute that expressly protects patients' ability to access care and, in the case of rural Montana where pharmacists are limited, allows non-pharmacists to dispense prepackaged birth control.''

Ron Klein, executive director of the Montana Board of Pharmacy, said allowing people who aren't pharmacists to give out birth control would first require action by the state Legislature.

The pharmacy board can create rules but not laws, he said. And currently, ''there is nothing in the statute that requires a pharmacy to stock every drug on the market,'' Klein said.

He said one concern is that a pharmacy's decision to stop carrying certain drugs, like birth control, could be a business decision. Pharmacies must buy birth control in bulk, and those that can't sell all the pills lose money, Klein said.

If the law requires pharmacies to carry certain drugs, ''it might drive a pharmacy under,'' he said.

Anderson said two states, Washington and Illinois, have established regulations that protect patients' access to prescription drugs and devices, and ''duty-to-dispense'' bills have been introduced in 11 others.

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