US pharmacist sues, refusing to sell contraceptive

An Illinois pharmacist who refuses to sell the “morning after pill” has filed suit to challenge the state government’s order that the emergency contraception be available “without delay.”

Luke Vander Bleek, who owns two pharmacies in northwestern Illinois, filed suit on Wednesday in Whiteside County Court asserting that Illinois’ “conscience” law, which permits health care providers to opt out of procedures they object to on moral grounds, offers him protection from the requirement that he sell the morning after pill, known as “Plan B.””He sells normal oral contraceptives, but he draws the line at the morning after pill,” said Daniel McConchie of Americans United for Life, a Chicago-based law firm that takes on cases around the United States that have a socially conservative slant and represents Vander Bleek.Vander Bleek, 42, a Roman Catholic, told Reuters on Friday his scientific training led him to believe the morning after pill is different from other contraceptives because it prevents a fertilized egg from implanting in the uterus.”The risk is that it is going to take a human life, and I don’t think an individual should be allowed by law to draw me in to that activity,” Vander Bleek said.However, most doctors say pregnancy begins with implantation, not fertilization, and thus Plan B prevents pregnancy rather than terminates it.Gov. Rod Blagojevich, responding to complaints by two Chicago women that a pair of local pharmacists refused to sell them Plan B, issued his rule on April 1 ordering pharmacists to make the contraceptive available “without delay.””The thing to remember is pharmacists are free not to stock and dispense contraceptives, but once they decide to enter that market they don’t have the right to turn people away,” said Blagojevich’s spokeswoman, Abby Ottenhoff.”This is the first time we know of the government has stepped in and said if you carry a certain kind of product you have to carry all the products in that category despite one’s moral beliefs.” McConchie said.”It’s a good test case because Illinois has a strong ‘conscience law’ protecting health care providers,” he added.To accommodate pharmacists opposed to abortion, some employers have allowed pharmacists objecting to Plan B to refer patients to colleagues or other pharmacies.Vander Bleek said he was morally opposed to referrals as well, but said there were pharmacies within a 10-mile radius of his that offer Plan B.Two other Illinois pharmacists have filed similar suits against the state, though one case is likely to be dropped, McConchie said.Plan B is distributed by Barr Laboratories. (Source: Reuters Health, June 2005)