Lift the Plan B ban

Lengthy litigation over Washington State Board of Pharmacy rules should not interfere with women's access to birth control, including emergency contraceptives.

Such interference has been the net effect of a federal judge's suspension of state rules requiring pharmacies to fill valid prescriptions, including those for so-called "Plan B" emergency contraceptives. This was an error.

The 9th Circuit Court of Appeals ought to reverse the decision, lifting the injunction, when it takes up the issue on Tuesday.

When the pharmacy board adopted new rules last year, two pharmacists and the owner of a pharmacy sued on the grounds the rules were unconstitutional, forcing them to choose between their beliefs and their livelihoods.

That argument is a red herring giving subterfuge to a larger battle over emergency contraception. Few pharmacists turn prescriptions away now for moral or religious reasons. Indeed as a group, pharmacists have been key partners in strengthening women's access to contraception.

Pharmacists already exercise professional freedom. They can question prescriptions or refuse to dispense medication if it would conflict with other medications a patient is taking, or if the medicine is prescribed at dangerously high dosages. Pharmacists can refuse to fill prescriptions suspected of being forgeries or aiding chemical dependencies.

But they cannot use their authority to push personal views on others — particularly when a woman's health is at stake.

A poll by Planned Parenthood found 70 percent of those surveyed opposed allowing pharmacists to pick and choose prescriptions based on personal, moral and religious beliefs. Three-quarters of respondents view birth control and contraceptives — including emergency contraception — as basic health care for women.

A trial date on the constitutional challenges has been set for April. Women in this state should not have to wait nearly a year to find out whether pharmacies will meet their needs or turn them away. The 9th Circuit should lift the injunction.

While the matter winds through the courts, pharmacies should comply with the state rules.