Washington State Pharmacy Board Backs Down On Rules In Pre-Trial Compromise

In 2007, the Washington state Board of Pharmacy adopted a rule requiring pharmacists to fill all prescriptions (including Plan B, the "morning after" contraceptive) even if doing so violates their religious beliefs. In July 2009, the 9th Circuit vacated a preliminary injunction that the district court had imposed. It remanded the case directing the district court to apply a rational basis standard in adjudicating pharmacists' free exercise challenge to the rule. (See prior posting.) Now as the case was about to go to trial on remand, the state Board of Pharmacy has backed down and negotiated a compromise. In a stipulation (full text) filed yesterday by the parties in Stormans Inc. v. Selecky, the Board told the court that on June 29 it had begun a rule-making proceeding to adopt an amended rule that would permit facilitated referrals for all pharmacies and pharmacists when they are unable or unwilling to fill a prescription for any reason, including conscientious reasons. PubliCola yesterday reporting on these developments quotes Lisa Stone, Executive Director of Legal Voice , who complained that the state had "pulled the rug out from under our clients." Becket Fund issued a release supporting the new rule making, saying that "Americans should not be forced out of their professions solely because of their religious beliefs...."