More on Plan B

As I mentioned below, I have sent a message to my rep and senator regarding "Plan B"
Here it is:

Dear Representative ______ and Senator ______:

We are constituents asking for your help in enacting legislation to protect the health of women here in Illinois. Recently, stories have been appearing in the news regarding the so-called "morning after" contraceptive drug (popularly known as "Plan B") that allows women to prevent a pregnancy by taking it within a day or two after intercourse. We are sure that you are aware that this drug currently is available by prescription only. Apparently, a few big-box corporations with pharmacies in Illinois - namely Walmart and Target - have policies which CAN severely impact on a woman's ability to avail herself of this LEGAL contraceptive. Our research has found that neither policy described below conflicts with existing state law. We would like to take a few moments to describe these policies as we understand them, and to explain just how wrong these policies are in light of the legitimate medical needs of Illinois women.

Target's corporate policy allows individual pharmacists to refuse to fill a "Plan B" prescription. It defends this policy by citing Title VII of the Civil Rights Act of 1964, saying that sincerely held religious beliefs are protected in the workplace. Target further defends its policy by stating that if a pharmacist refuses to fill a prescription, it is given to another pharmacist at the same store. If there is no other pharmacist on duty at that location willing to fill the prescription, it is transferred to another Target store to be filled there. The policy goes on to state that if this is impracticable, then the pharmacist is directed to help the woman find a pharmacy that will fill it. They then go on to say that when the law directs them otherwise, they follow the law. Finally, Target stresses that no other contraceptive - whether available by prescription or not - is covered by this policy. So as we understand it, a pharmacist employed by Target with a sincerely held belief that all contraceptives are against his/her religion MUST still fill a regular birth control prescription, while being exempted from filling "Plan B" orders. Isn't this in direct contradiction to Target's own reading of Title VII?

To be fair, Target's policy is absolutely enlightened when compared to Walmart's.

Walmart simply refuses to stock Plan B at all, taking the matter completely out of the hands of doctors, patients and pharmacists. Now if we were talking about x-rated movies or liberally-slanted books, we say Walmart has the right to sell or NOT sell whatever it chooses. However, when it comes to legally prescribed medications, we don't believe that any corporation has the right to restrict access due to the religious beliefs of its customers or its major stockholders. As it stands, Walmart dominates small town Illinois, having driven scores of pharmacies (and other small stores) out of business. We shudder to think that a woman raped in Pulaski County might have to drive a hundred miles to get a "Plan B" prescription filled because her local pharmacy was driven out of business by a corporation that finds her medical needs to be against "corporate policy." And what if she has no access to another pharmacy? How can this be equal protection under the law?

It seems obvious to us that the state has a primary responsibility to insure its citizens access to legally prescribed medications. It also seems obvious that the corporate policies described above can and WILL lead to women in the state from gaining timely access to a drug vital to her health and well-being. Moreover, should these policies be allowed to continue, where will the line be drawn going forward? What other prescriptive treatments might be deemed unacceptable to the religious right or to a corporate entity, thus impeding or preventing the residents of Illinois from gaining access to them?

As we understand it, all pharmacies and pharmacists operating in Illinois are licensed and regulated by the state. We believe that it is time for the state legislature to take action to guarantee that its citizens and residents have timely access to any drug approved for use by the FDA and duly prescribed by a licensed physician. Walmart brags about its incredible distribution system. So it is certainly well within reason to believe that it can ensure the availability of a drug within 24 hours of a request. If Walmart doesn't like the law and wishes to close its pharmacies, then I'm certain that another entity will be happy to fill the void and provide small town Illinois with timely and unencumbered access to all prescription drugs. Similarly, we trust that Target will be happy to follow its own stated policy and require its pharmacists to follow state law and dispense all prescriptions.

We look to you, our elected representatives in the state legislature to provide leadership on this issue, and we will be only too happy to discuss this matter further with you at your convenience.

Respectfully submitted,