Thune supports pharmacists on moral ground

Johnson, Herseth Sandlin fear health-care effects

By Kevin Woster, Journal staff | Tuesday, December 18, 2007

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U.S. Sen. John Thune, R-S.D., said Monday he opposes a move in Congress to force pharmacists to fill prescriptions for birth-control pills or other drugs they find morally objectionable.

"I believe that, if a pharmacist or pharmacy owner has a religious or moral dilemma with filling controversial prescriptions, he or she should not be mandated by the federal government to do so," the South Dakota Republican said in a quote provided by his communications director, Kyle Downey.

Staffers for South Dakota's two other congressional members -- Democratic Sen. Tim Johnson and Democratic Rep. Stephanie Herseth Sandlin -- also provided statements on the legislation, which was introduced in Congress months ago. But neither said specifically whether they would oppose or support the bill.

The pending federal legislation would require pharmacies to ensure customers receive "without delay" requested contraceptive drugs or devices approved by the Food and Drug Administration. If the requested drug or device is not in stock, the pharmacy must help customers by referring them to other pharmacies or transferring the prescription to that pharmacy.

The legislation also would prohibit pharmacy employees from trying to intimidate a customer into not getting a prescription filled or interfere with the transfer of a prescription elsewhere.

Failure to comply with the law could leave the pharmacy open to civil penalties that could run as much as $5,000 a day.

Supporters of the legislation say it is necessary to protect women from pharmacists who try to impose religious or moral beliefs on customers seeking approved medical treatment. Opponents argue that pharmacists have the right to refuse involvement in treatments they find morally objectionable.

The issue found a regional focal point recently when Broadus, Mont., pharmacist John Lane announced that, beginning Jan. 1, he would no longer dispense birth control to his customers. Lane, a Catholic, is the lone pharmacist in the town's IGA store and the only local option for its 450 residents and others in the surrounding area.

Lane has received support and criticism locally for his position.

In a statement provided by his staff, Johnson said he was concerned about recent reports that some pharmacists were refusing to fill valid prescriptions, for birth control and other treatments -- including depression, pain, attention deficit and other ailments.

But he stopped short of saying he would support a federal law to require pharmacists to fill those prescriptions.

"I believe it is important to ensure patient access to FDA-approved medications that are legally available," Johnson said. "I also believe it is important to protect health-care providers' rights to refrain from taking actions they find objectionable."

Johnson said he hoped legislation addressing the issue could be carefully shaped to "allow health-care providers to obey their personal consciences without imposing their own beliefs upon the patients they serve."

Betsy Hart, press secretary for Herseth Sandlin, said the congresswoman was particularly concerned about the refusal of pharmacists in rural areas to fill prescriptions they find objectionable. Herseth Sandlin thinks decisions of one person could affect patients throughout the area, Hart said.

"She believes that every man, woman and child in South Dakota should have timely and ready access to necessary health care, including prescription medications," Hart said.

Hart said Herseth Sandlin "does not believe that there is a role for Congress to get involved in this local dispute in Montana," but she believes that, if a pharmacy is unable -- for whatever reason -- to fill a prescription, it should assist the customer in getting the health-care service they seek elsewhere.

Contact Kevin Woster at 394-8413 or kevin.woster@rapidcityjournal.com