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Complaint Filed Against Pharmacy State Says St. Charles Osco Refused to Fill Prescription for Contraceptive

Posted on: Friday, 16 September 2005, 21:00 CDT

The state Friday filed complaints against three Illinois pharmacies - including a St. Charles Osco - that officials say failed to fill prescriptions for contraceptives.

The Illinois Department of Financial and Professional Regulation charges that the trio of licensed establishments refused to comply with the Pharmacy Practice Act of 1987, as well as new regulations imposed by Gov. Rod Blagojevich.

"This is an equivalent of an indictment," said Susan Hofer, a spokeswoman for the state department. "At this point, it works just like a court case."

In April, the governor submitted an emergency rule to clarify the responsibilities of retail pharmacies. Those that fill birth control prescriptions must dispense all contraceptives approved by the Food and Drug Administration "without delay." That order became permanent in August.

"The rule is quite clear to the pharmacies, and we're going to enforce it," said Dean Martinez, acting secretary of the department of financial and professional regulation. "We want to protect women's rights and get their valid prescriptions filled."

The state department alleges that the pharmacy at the St. Charles Jewel-Osco, 652 Kirk Road, had drugs in stock but refused to fill the prescriptions.

On July 5, Megan Kelly, a 29-year-old Geneva art teacher, attempted to fill her monthly birth control pills called Ortho TriCyclen and Plan B emergency contraceptive.

According to the Web site of Pharmaceuticals Inc., a subsidiary of Barr Pharmaceuticals, based in Pomona, N.Y., which manufactures the contraceptive, Plan B should not be confused with the abortion pill.

It is a high dose of normal hormonal birth control that should be taken within 72 hours of unprotected sex. It has to be given directly by a physician and can prevent a pregnancy but cannot terminate a child already conceived.

Kelly said she had run out of her regular birth control and went to her usual pharmacy, CVS in Geneva, at first. When the drugstore was out of stock, Kelly then attempted to fill it at the St. Charles Osco.

The pharmacist told her she couldn't fill the prescriptions, citing her personal beliefs. Kelly said her impression was that the woman denied filling either prescription.

The law holds the licensed pharmacy responsible as long as it sells birth control pills and carries a stock of the prescriptions requested.

Kelly then talked to the store manager, who explained he could not force the woman to dispense the contraceptives and could not do it himself since he was not a pharmacist.

Kelly doesn't hold the pharmacist personally responsible.

"I'm just angry at the fact my prescription was ready, but no one gave it to me," she said.

Kelly confirmed the company's policy with Albertson's Inc. The Boise, Idaho-based company operates 2,000 pharmacies at Jewel-Osco, Sav-on Drugs, Sav-on Pharmacy, Osco Drug as well as Acme & Saws.

Osco Assistant Store Director Bob Helms said he is aware of the case but had no comment about the complaint. Representatives from Albertson's could not be reached for comment.

Kelly said she hopes what happened to her doesn't happen to anyone else.

"I just hope Osco changes its policy," she said.

The state also filed a complaint against a Chicago Walgreens. On June 27, a pharmacist told a nurse practitioner that he would not fill a prescription until he spoke with the doctor who wrote the prescription. The doctor verified it but was told that the original pharmacist was off duty. The doctor asked the current pharmacist to fill the prescription but was refused.

In a third complaint, the state department alleges two counts of failure to dispense contraceptives and two counts of unprofessional conduct at a Walgreens in West Peoria. On March 8, a pharmacist refused to dispense a prescription in stock. The doctor then called in an alternative prescription but the pharmacist again declined to fill it.

In each case, the licensed pharmacies will have the right to respond at a hearing Nov. 21 at the state department's court in Chicago.

The department's first complaint was filed in April when a pharmacist at a Loop Osco refused to fill a medical prescription for contraceptives for two women in February. That case, which triggered the governor's emergency rule, still is pending.

However, disciplinary action may be forthcoming, Hofer said.

If an administrative law judge and the pharmacy board determine there has been a violation, the penalty can be a reprimand with or without a fine, she said. The pharmacy license holder may also face probation, suspension or even revocation of the license.

To report complaints, call (800) 280-4149 or visit www.idfpr.com. Also devoted to the issue of pharmacist refusals is www.FillMyPillsNow.org.

Source: Daily Herald; Arlington Heights, Ill.

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