Biden Administration Warns Pharmacists Against Denying Women Prescribed Medications Due to Personal Views

The Biden administration is taking steps to address the recent surge in pharmacies denying women prescribed medications due to personal views on abortion. Under the guidance of the Department of Health and Human Services (HHS), roughly 60,000 retail pharmacies have been reminded of their legal obligation under federal civil rights laws to dispense medication as prescribed, including contraceptives and medication for women experiencing pregnancy loss or needing a medication abortion. This move comes in response to concerns that since the Supreme Court overturned Roe v. Wade, 18 states have implemented policies restricting abortion care, and several others are expected to follow.

Key Takeaways:

• The Department of Health and Human Services (HHS) has issued guidance to pharmacies, reminding them of their obligation to dispense medication as prescribed, including contraceptives and medication for women experiencing pregnancy loss or needing a medication abortion.
• The HHS announcement comes in response to concerns that pharmacies are denying women prescribed medications due to personal views on abortion, a practice that would violate federal civil rights laws.
• Under the nondiscrimination clause of the 2010 health care law (PL 111-148, PL 111-152), recipients of federal financial assistance, including Medicare and Medicaid, are prohibited from denying health care based on sex, race, or disability.
• The HHS Office for Civil Rights has received complaints from patients and physicians regarding pharmacists who have refused to dispense prescriptions because of their views on abortion.
• In many parts of America, a local pharmacist is one of the community's main healthcare providers, and denying needed care would be in direct conflict with the HHS Office for Civil Rights.
• Pharmacists who refuse to provide misoprostol and mifepristone to miscarrying women or prescribe methotrexate to halt pregnancy in cases of ectopic pregnancy may be discriminating on the basis of sex or disability.
• The Biden administration has issued an executive order to protect abortion access, and lawmakers on Capitol Hill are working on legislation to enshrine rights to abortion and contraception into law.

Statistics:

• Since the Supreme Court overturned Roe v. Wade, 18 states have implemented policies restricting abortion care, and several others are expected to follow.
• Roughly 60,000 retail pharmacies have been reminded of their legal obligation under federal civil rights laws to dispense medication as prescribed, including contraceptives and medication for women experiencing pregnancy loss or needing a medication abortion.

Sources:

• CQ News (2022)