Legislators Urged To Support Improved Access

FRANKFORT – Nearly half of Kentucky pharmacists refuse to fill prescriptions for emergency contraception, a proven safe and effective medication to prevent pregnancy and reduce the need for abortion, according to a survey released today by the ACLU of Kentucky Reproductive Freedom Project.

Of 309 pharmacies surveyed last fall, 47% refused to fill the prescription, were unwilling to answer questions, provided inaccurate information, or refused to refer prospective patients to another pharmacy.

Only 13% of the pharmacies surveyed had Plan B in stock and readily available for women seeking to fill a prescription.

“While the ACLU supports pharmacies’ need to protect their employees’ religious freedom, the health and well-being of the patient comes first,” said Amanda Kreps-Long, Director of the ACLU of Kentucky Reproductive Freedom Project.  “Because EC is most effective within the first 72 hours after unprotected sex, it is extremely important that women have immediate access to prevent unintended pregnancies.  If preventing the need for abortion is the ultimate goal, this is an excellent way to achieve that.”

Pharmacies in seven counties offered no access to Plan B at all.  This is a considerable obstacle for any woman seeking a time-sensitive medication, Kreps-Long said, and it is especially so for women in rural areas where the closest pharmacy with Plan B in stock could be 100 miles away.

Although 53% of pharmacies said they were willing to order Plan B, getting the medication in a timely manner remains a serious problem for Kentucky women.  Ordering Plan B can take a day or more, especially if ordered on a Friday, and the medication is most effective when taken within 72 hours after unprotected intercourse.

Emergency contraception prevents pregnancy after contraceptive failure, unprotected sex, and sexual assault.  Kreps-Long said wider access to emergency contraception would significantly reduce the need for abortion, yet nationally – and now clearly in Kentucky – there are many barriers to obtaining EC.

For three years, over-the-counter status for Plan B, a brand of EC, has languished in the Food and Drug Administration despite the advice given by its own expert panel.  The controversy largely is due to objections from groups that oppose women’s right to abortion and other health care services.

Several pharmacists said they would refuse to fill prescriptions for EC because it violates their “moral or religious” beliefs.  And even if they are willing to refer women to another pharmacy, it can mean a trip of 50 miles or more.

The survey confirmed that pharmacists are giving patients misinformation about how EC works and often are confusing EC with the abortion pill RU-486.

The Reproductive Freedom Project’s survey was conducted using a random sample method from a list of licensed pharmacies obtained through the Kentucky Board of Pharmacy.  After excluding specialty pharmacies, out-patient hospital pharmacies, and disconnected phone numbers, pharmacies from each of  Kentucky’s 120 counties were chosen for a final sample group of 309.  Volunteer callers conducted the telephone survey, which was designed by the Pennsylvania ACLU affiliate and the national ACLU.

In addition to those who refused to fill the prescription, the number of pharmacists who gave the volunteer callers inaccurate information was alarming.  Of those surveyed, 60% told the caller that Plan B was an abortion pill; perpetuating the misconception that Plan B causes an established pregnancy to abort instead of preventing a pregnancy from occurring.

Kreps-Long said many factors contribute to pharmacies’ stocking and dispensing practices.  Some reported that they did not stock Plan B because of a lack of demand for the medication.  Without patient or physician requests, some pharmacies are reluctant to stock Plan B which, in turn, means they less likely to learn about it.

Because consumer requests are an impetus for pharmacies to carry the medication, Kreps-Long said a planned educational campaign for the general public will dispel many misconceptions and increase awareness about EC as a back-up method to prevent pregnancy.  In addition, the ACLU Reproductive Freedom Project plans to initiate EC educational opportunities for doctors and pharmacists, as well as encourage a collaborative relationship between them so that women can be better served.

State Rep. Tom Burch, D-Louisville, is expected to file legislation soon that would allow pharmacists to dispense Emergency Contraception without a prescription through a physician / pharmacist collaborative agreement.

“Plan B would be more accessible to women if the FDA followed the advice of its scientific advisory committee and granted Plan B over-the-counter status,” Kreps-Long said. “But until that happens, legislation allowing pharmacists to dispense emergency contraception is an improvement.”

Similar legislation has passed in Alaska, California, Hawaii, Maine, New Mexico, Washington, New Hampshire, and Massachusetts.

And Kreps-Long said, “Kentucky should follow suit.”