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Lawmakers hope to reverse rule on emergency contraception

Wednesday, January 25, 2006

Some Illinois lawmakers and anti-abortion groups are pushing to overturn Gov. Rod Blagojevich's rule requiring pharmacies to fill prescriptions for emergency contraceptives, despite his threat to veto their bills.

At least three bills have been introduced that would let pharmacists refuse to fill prescriptions for the "morning-after pill" based on their personal or religious beliefs.

"We're not saying take it off the market," said Rep. Ron Stephens, R-Greenville, a pharmacist himself. "We're just saying for those pharmacists who have a religious problem with it, don't make us fill it."

But even lawmakers who oppose Blagojevich's rule acknowledge the governor's very public veto threat will make it harder to find votes.

"Now, I understand that several bills have been introduced that would overturn my executive order to protect women's reproductive freedoms," Blagojevich said in the State of the State address last week. "So let me make something else very clear -- if any of those bills reach my desk, they are dead on arrival."

The emergency contraception is a high dose of hormones that women can take up to five days after sex to prevent pregnancy.

The pill is most effective if taken within three days of unprotected sex, and Blagojevich argues that makes time critically important. Women, especially those in small towns with only one pharmacy, should not have to be turned away and told to go elsewhere to get their prescription filled, he says.

In April, the Democratic governor ordered pharmacies that sell federally approved contraceptives to fill prescriptions for emergency birth control "without delay" if they have the medication in stock. If a pharmacist won't fill the prescription because of a moral objection, another pharmacist must be available there to fill it.

To some people, taking the pills is equivalent to abortion, and they maintain pharmacists who oppose abortion should not be required to provide the pills. They point out that doctors are not required to perform abortions if they don't want to.

Opponents of Blagojevich's rule want to give pharmacists the same "right of conscience" that doctors have.

"Pharmacists weren't allowed to do what they think is right. And I don't think that's appropriate government business," said Rep. Kurt Granberg, a Carlyle Democrat sponsoring two of the bills.

Five Walgreen Co. pharmacists from Illinois stores have been suspended indefinitely for refusing to dispense the drugs on religious or moral grounds. A federal lawsuit challenging the state rule has been filed on their behalf and on the behalf of two Illinois pharmacists employed elsewhere who worry they may face similar disciplinary action.

Granberg said he may not try to move his legislation because Blagojevich's veto threat will be difficult to overcome.

But Ralph Rivera, a lobbyist for the Illinois Citizens for Life, said the bills still have a chance because they would amend an existing act rather than create a new one.

"One of the arguments is that we don't have to create a right of conscience. It's already in law," Rivera said. "What we have to say is that pharmacists are already health care professionals. I think that (the argument) would resonate with many members."

A three-fifths majority vote would be required to override Blagojevich's veto.

The Illinois Pharmacists Association supports expanding the right of conscience to include its members, said spokesman Mike Patton, although the group avoids fiery rhetoric on the issue.

"The governor wants the pharmacies to fill prescriptions, if given valid prescriptions, and I think basically as an organization we have the same expectations, but to also insure the right of pharmacists and the right of the patients as well," Patton said.

Illinois Planned Parenthood Council is prepared to fight the bills, said the organization's president Pam Sutherland, who was "delighted" to hear the governor's veto threat.

"It was comforting that the governor was there to protect women's access," Sutherland said. "I think women will be able to rest easy knowing that governor will veto any legislation that comes to his desk."

Meanwhile, another lawmaker is trying to make women's access to the morning-after pill easier and faster.

Rep. David Miller, D-Calumet City, has introduced legislation that would let pharmacists, if they have undergone special training, dispense the medication without a doctor's prescription.

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The bills are HB4230, HB4246, HB4346, HB4413

On the Net: http://www.ilga.gov

(Copyright 2006 by The Associated Press. All Rights Reserved.)

(Copyright ©2010 by The Associated Press. All Rights Reserved.)

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