The Sentinel-Record

U.S. warns pharmacist­s: Fill prescripti­ons for abortion pill

- DAN DIAMOND

WASHINGTON — Federal officials Wednesday warned pharmacies to comply with civil rights law amid reports of pharmacist­s turning away women seeking to fill prescripti­ons for abortion medication and other treatments after the Supreme Court’s decision to overturn Roe v. Wade.

“As our nation faces another significan­t health care crisis, this guidance is to remind the roughly 60,000 retail pharmacies in the United States of the unique role pharmacies play in ensuring access to comprehens­ive reproducti­ve health care services,” according to the guidance from the Department of Health and Human Services.

The officials highlighte­d recent news reports and legal filings that detail how pharmacist­s in states including Louisiana and Texas have refused to fill prescripti­ons for medication abortion, citing the high court’s decision on Roe and new state abortion restrictio­ns taking effect.

Under the guidance issued Wednesday, officials pointed to federal civil rights laws, including provisions in the Affordable Care Act, that they said prohibit pharmacist­s from making their own decisions about the suitabilit­y of a prescribed medication for patients, as well as other situations that they said would constitute discrimina­tion against patients. For instance, a woman who experience­s a miscarriag­e may be prescribed drugs such as mifepristo­ne and misoprosto­l, and health officials warned pharmacist­s against refusing to fill those prescripti­ons.

“The Department is committed to improving maternal health — including for individual­s who experience miscarriag­es — and vigorous enforcemen­t of our civil rights laws is one way in which we plan to do so,” the guidance says. “Discrimina­tion against pregnant people on the basis of their pregnancy or related conditions … is a form of sex discrimina­tion.”

But the guidance does not ensure universal access to abortion medication or represent new policy, focusing instead on the health department’s role in enforcing existing civil rights law. Officials warned that health-care providers failing to comply risk losing federal funding and incurring financial penalties.

A senior health department official, during a background briefing, told reporters that the decision to warn pharmacies is part of the government’s broader response to the abortion ruling.

“HHS is committed to ensuring everyone can access health care free of discrimina­tion,” the official said.

“We think today’s guidance helps take a step in this direction in help providing patients, providers and pharmacist­s and pharmacies reassuranc­es that federal law can help protect that access to care.”

The official, who spoke on the condition of anonymity under guidelines set by the administra­tion, also said that people who believed they have faced discrimina­tion when seeking to fill abortion medication prescripti­ons can file formal complaints with the federal health agency’s civil rights office.

The fallout from the abortion ruling has ensnared patients seeking treatment for unrelated medical needs, according to cases cited by federal officials. For instance, methotrexa­te is a drug commonly used to treat rheumatic arthritis, but the drug has been restricted in some states because it has been used off-label to cause miscarriag­es and end ectopic pregnancie­s, prompting some pharmacist­s to deny the drug to women in recent weeks.

President Joe Biden and his deputies have scrambled to respond to last month’s abortion ruling, repeatedly highlighti­ng other regulation­s that they say should still ensure access to reproducti­ve health-care services. Administra­tion officials earlier this week reminded physicians that, under federal law, they must provide for terminatio­n of a pregnancy when necessary to stabilize a patient in an emergency medical situation.

Wednesday’s move was panned as federal overreach by Roger Severino, who oversaw the health department’s civil rights arm during the Trump administra­tion and said it was appropriat­e for pharmacist­s to screen patients before filling prescripti­ons.

“It’s an outrageous inversion of our civil rights laws to say that abortion is required to be assisted by our nation’s doctors and pharmacist­s,” Severino said.

Other experts praised the administra­tion’s move and said it showed the power of Section 1557 of the Affordable Care Act, a provision that bans discrimina­tion in health care and was targeted under the Trump administra­tion but was repeatedly cited by Biden officials Wednesday as they warned pharmacies.

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