Disappointing decision over Plan B drugs

A federal judge's decision to block at least temporarily Washington's new rules requiring pharmacists to dispense a controversial emergency contraceptive is disappointing.

The move should not stand as a value of Washington state, that a pharmacist can interfere in a medical decision already made between a doctor and a patient. Judge Ronald B. Leighton issued the injunction in a lawsuit brought by Ralph's Thriftway in Olympia and pharmacists who do not want to be forced to dispense the drug often referred to as "Plan B." When taken within 72 hours of intercourse, the medication can prevent ovulation or fertilization but it also can prevent implantation of a fertilized egg. That does not meet a legal definition of abortion except in the minds of some pharmacists.

Leighton agreed with plaintiffs that the state's new rules required them to choose between their religious beliefs and their livelihoods. The trial is scheduled for next October.

Under the injunction, pharmacists who object to dispensing Plan B are required to refer patients to a nearby source.

The issue has been extremely controversial. Initially, the state Pharmacy Board issued rules that accommodated the pharmacists' concerns. But Gov. Christine Gregoire sent the issue back to the board, threatening to replace members if the rules were not changed. The board passed new rules that did not give objecting pharmacists an out, prompting the lawsuit.

Recent federal changes now make Plan B available over the counter to men and women over the age of 18. But that doesn't necessarily assure access to a reasonable, legal contraceptive — especially in rural areas.

Gregoire's impulse was the right one. By the time a patient presents a prescription, the medical decision already has been made between the patient and the doctor.

Sen. Karen Keiser, chairwoman of the state Senate's health committee, already has drafted a bill she believes will remedy the situation and answer the First Amendment issues raised. The Kent Democrat is concerned the judge's exception could also apply to other issues with which some people might disagree — for instance, other birth-control pills and HIV treatments.

The state-licensed pharmacist's duty is to dispense lawful prescriptions ordered by a doctor, not to pass judgment on and interfere in these most-intimate decisions and circumstances.