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Pharmacist Refuses To Fill Contraceptive Prescription

CVS Supports Pharmacists' Beliefs

UPDATED: 5:01 pm CST March 30, 2004

A North Texas woman is angry that a pharmacist refused to fill her prescription for birth control pills, but the officials with the drugstore chain, CVS, said its pharmacists don't have to fill such prescriptions if it is against their religious beliefs.

Julee Lacey (pictured, left) said she pulled up to the drive-through window at the CVS Pharmacy in North Richland Hills to get what she thought was a routine prescription. But she said she couldn't believe the pharmacist's response.

"The lady came over to the window and said, 'I'm so sorry I'm not going to be able to fill your prescription,' " Lacey said. "I said, 'Is there a reason? Is there something wrong with the prescription?' And she said, 'No, I just personally do not believe in birth control.' "

Lacey, a married first-grade teacher with two young children, doesn't believe pharmacists should impose their personal beliefs on customers.

Mike DeAngelis, of CVS said, "We support our pharmacists who have a deeply-held belief."

He said company policy also calls on pharmacists to help the customer get their prescription filled by another pharmacist in the same store or even by calling a competing store. CVS officials also said the refusing pharmacist will receive counseling because the she did not do a better job of helping Lacey get the prescription filled.

According to the executive director of the Texas State Board of Pharmacy, the Pharmacy Act does not cover the issue.

"We have always interpreted the Pharmacy Act to allow a pharmacist to refuse based upon professional judgment and medical reasons, Gay Dodson, R.Ph., said. "There is definitely nothing in the act currently that appears to allow a pharmacist to refuse based upon moral or ethical beliefs."

The American Pharmacist Association appears to take a different point of view. According to an NBC5 report, the conscience clause of the association, "supports establishing systems to ensure patient's access to legally prescribed therapy without compromising the pharmacist's right of conscientious refusal."

The spokesman said the store apologizes for the incident and regrets it happened. CVS promised to deliver the prescription to Lacey's home, but she wonders what will happen the next time.

"It looks like to me if I can't trust the pharmacists there and they can't help me, then I'll have to move my business somewhere else," Lacey said.

In Januray, Eckerd fired a pharmacist in Denton who refused to fill a prescription for the morning-after pill submitted by a rape victim.

CVS said its policy is designed to respect the religious beliefs of its pharmacists as well as the rights of its customers.

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