On July 7th, the State of Washington sought a temporary stay in the court case, Stormans vs. Selecky.  The stay was granted to allow the Board of Pharmacy to complete new rulemaking to change the current policy requiring pharmacies to dispense all prescribed drugs, including Plan B, known as “the morning after pill”.   The lawsuit revolves around the issue of the religious freedom of pharmacists/pharmacies that have moral objections to filling prescriptions for drugs like Plan B that can cause abortions. 

In April of 2007, the Washington State Board of Pharmacy adopted a regulation which requires all pharmacies within the State "to deliver lawfully prescribed drugs or devices to patients . . . in a timely manner consistent with reasonable expectations for filling the prescription."  Though the regulation was general in its context, it was specially promoted by Planned Parenthood as a way to force all pharmacies to stock and dispense Plan B.

The regulation was challenged by the Stormans family, owners of Ralph’s Thriftway in Olympia, and two pharmacists for being in violation of their First Amendment right to free exercise of religion.  Over the last few years there have been numerous motions, decisions and appeals.  To date the law has been prohibited from being enforced pending a trial that was scheduled for July 26, 2010. 

It expected that soon the Board of Pharmacy will propose rules mandating “facilitated” referrals.  This will allow pharmacists to refuse to stock or dispense Plan B based on conscientious objection, but the rule will mean that pharmacists must assist a patient in finding a provider that dispenses the drug they are seeking. 

The rule making process will involve hearings and testimony from the public.