Court Bars Illinois Enforcement of Pharmacy Rule Pending Trial

Last December, in Morr-Fitz, Inc. v. Blagojevich, (IL Sup. Ct., Dec. 18, 2008), the Illinois Supreme Court held that two pharmacists and 3 corporations that own pharmacies had stated a justiciable challenge to a State Board of Pharmacy rule (68 Ill. Adm. Code §1330.91(j)) that requires them to dispense the "morning after pill." (See prior posting.) After reaching this conclusion, it remanded the case to the trial court. Yesterday, according to the Springfield (IL) State Journal-Register, the Sangamon County Circuit Court granted a temporary restraining order to prevent the Illinois Department of Financial and Professional Regulation from enforcing the rule against the two pharmacists while the case is being heard. Plaintiffs claim that the administrative rule violates the Illinois Health Care Right of Conscience Act, as well as plaintiffs' 1st Amendment rights. The state contends that the pharmacists are not covered by the Right of Conscience Act. Meanwhile, it is unclear whether the state will also cease enforcing the rule against other pharmacists during the pendency of this challenge.