Three Complaints Filed Against Pharmacies for

Failure to Dispense Contraceptives

Chicago – The Department of Financial and Professional Regulation (IDFPR) today filed three new complaints against Illinois pharmacies that carry contraceptives for not filling prescriptions for FDA approved contraceptives. Earlier this year Gov. Rod Blagojevich submitted an emergency rule clarifying the responsibilities of licensed retail pharmacies to fill prescriptions for all FDA approved contraceptives if the drug store dispenses birth control medications. That rule became permanent in August. Today's formal complaints charge that three licensed pharmacies failed to comply with the Pharmacy Practice Act and the new regulations, by refusing to fill legally obtained prescriptions for these drugs.

“When an Illinois woman walks into a drug store that sells contraceptives in this state with a valid birth control prescription, she has every right to be able to walk out with her medicine,” said Dean Martinez, Secretary, IDFPR. “We will continue to actively pursue any complaints our department receives about violations of rules protecting women's access to medication their doctors prescribe for them.”

In a complaint filed against an Osco Pharmacy in St. Charles , IDFPR alleges that the pharmacy had the drug in stock but refused to fill the prescription. This incident occurred on July 6, 2005.

In the second complaint, IDFPR alleges that a Walgreens pharmacist on duty told a nurse practitioner that he would not fill the prescription until he spoke with the doctor who wrote the prescription. The doctor called back, but was told that the pharmacist was off duty. The doctor asked the pharmacist now on duty to fill the prescription. The pharmacist refused. This occurred on June 27, 2005.

In the third instance, IDFPR alleges two counts of failure to dispense contraceptives, based on the Pharmacy Practice Act, and two counts of unprofessional conduct. On March 8, a pharmacist in a Walgreens Pharmacy located in West Peoria refused to fill a prescription, although the pharmacy had the prescription in stock. The doctor then called in an alternative prescription and the pharmacist also refused to fill it.

In each of the complaints detailed above, the respondent pharmacies will have the right to respond at a hearing before any disciplinary action is taken.

An Illinois retail pharmacy has the responsibility to fill prescriptions for all FDA approved drugs if they are in stock and, based on professional pharmaceutical judgment, are not contraindicated for a medical reason. The new rule more clearly spells out specific procedures to be used when drug stores are presented with a prescription for birth control pills.

The rule clearly defines the responsibilities of licensed retail pharmacies in Illinois to fill all FDA approved birth control prescriptions without delay if the drugs are in stock and a legal prescription has been presented. If the drugs requested are not in stock, the pharmacy must do one of the following:

1. Provide a medically acceptable alternative drug as approved by the prescriber, or
2. At the request of the patient,
   
   a) order the drug from their supplier,
   b) transfer the prescription to a different drug store or
   c) return the prescription to the patient.
   

To view a copy of the complaint please click here:Walgreens 1529

To view a copy of the complaint please click here: Walgreens 3539

To view a copy of the complaint please click here: Osco Drug 3260