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Last published at August 7, 2009 at 8:46 PM

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Federal court right to ensure women's access to the Plan B contraceptive

The 9th U.S. Circuit Court of Appeals correctly rejected religious-freedom arguments designed to block Washington-state rules that require pharmacies to ensure women have access to the contraceptive Plan B when it is legally prescribed.

A panel from the 9th U.S. Circuit Court of Appeals correctly rejected the religious-freedom arguments blocking state rules requiring pharmacists to provide birth control.

Two Washington state Pharmacy Board rules protect patients' access to legally prescribed medications and birth control.

Opponents of the rules say they are forced to choose between their profession and their personal beliefs. But this morality-laced argument is a deliberate red herring, cloaking a deeper debate about abortion rights. The only drug opponents appear to take issue with is Plan B, the contraceptive that can greatly reduce the chances of pregnancy if taken within 72 hours of unprotected sex.

Plan B contains higher dosages of the drug found in regular birth-control pills and prevents ovulation or fertilization of an egg.

The drug could also prevent a fertilized egg from implanting into the uterus.

Plan B is not the abortion pill RU-486. It is an approved drug available without prescription to adults. Most pharmacists see no difference in dispensing this drug than any other drug. Those who do should follow the rules and live up to the expectations of their profession.

Gov. Chris Gregoire and the pharmacy board have worked out a sensible compromise. A pharmacy can accommodate a pharmacist's personal objections by having another pharmacist available in person or by telephone to fill the prescription.

What pharmacists cannot do is refuse to provide lawfully prescribed and approved medicines. The public's health depends on pharmacists adhering to the standards of their profession.

A federal-court case challenging the constitutionality of Washington's pharmacy rules continues to move forward. Meanwhile, the 9th Circuit's lifting of the injunction allows women to have their needs met by the nearest pharmacy.

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