WalMart being sued for not carrying EC.

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Apparently the state of Illinois can require that. I apologize for beating this horse yet again...but...EC laws are controlled by each state. It appears there is a political segment in MA who feel they should have a law similar to that in Illinois. They need to go through the channels to get that done if they feel strongly. IMO, the lawsuit is being used to bring the issue to public attention - otherwise, their legislature might not care enough to address it. Unfortunately, it wil be costly for all concerned. We have lots of pharmaceutical laws in CA which to some seem too restrictive or not restrictive enough, but none require us to keep any particular medication on our shelves (with the exception....and there is always an exception in pharmacy...if we are giving immunizations. Then we have certain medications for allergic responses we must have on hand at all times.)
 
I actually love this lawsuit. The law in Mass is very vague, that pharmacies must maintain drugs that are commonly perscribed. If the law is on the book and that vague, the system is begging to be challenged.

And lets be real, WalMart IS making a moralistic statement in not carrying plan B. This isn't the first time WalMart has done this, the routinuely pull books and magazines whose covers do not match their moral beliefs. If WalMart wants to enter the pharmacy market (and honestly, I'd rather they not after visiting the pharmacies here), then they need to realize blanket moral bias isn't going to work for script pushing.

sources
http://www.cbc.ca/story/arts/national/2004/10/21/Arts/jonstewart041021.html

http://www.local6.com/entertainment/3879467/detail.html

http://www.fool.com/news/take/2003/take030506.htm
 
KUMoose said:
I actually love this lawsuit. The law in Mass is very vague, that pharmacies must maintain drugs that are commonly perscribed. If the law is on the book and that vague, the system is begging to be challenged.

And lets be real, WalMart IS making a moralistic statement in not carrying plan B. This isn't the first time WalMart has done this, the routinuely pull books and magazines whose covers do not match their moral beliefs. If WalMart wants to enter the pharmacy market (and honestly, I'd rather they not after visiting the pharmacies here), then they need to realize blanket moral bias isn't going to work for script pushing.

sources
http://www.cbc.ca/story/arts/national/2004/10/21/Arts/jonstewart041021.html

http://www.local6.com/entertainment/3879467/detail.html

http://www.fool.com/news/take/2003/take030506.htm

I agree with you KUMoose - a vague law is a bad law....and too much law, IMO, prevents or restricts good practice. I practice in a setting which is close to two teaching hospitals, I deal w/ lots of drugs for transplant rejection, cancer treatment, AIDS....all are very expensive & we don't routinely keep them & only order them as we dispense them. But, for my practice, they are "commonly prescribed". However, if you go 100 miles north, these same drugs would be very rarely used in a community pharmacy. Funny how a state as diverse as MA would have such standard? Perhaps it was originally used to describe the "100 most commonly prescribed drugs" - ie HCTZ, furosemide, digoxin, pcn, etc...if so, the law is sorely out of date. One last funny note - I practice less than 1 mile from a Walmart which has a pharmacy - they stock EC & have a pharmacist who is able to prescribe & dispense it without an MD rx, which is legal in my state. I'll have to call her up & ask her what she thinks!
 
bullpuckey...i just pulled plan b off my shelf last week because it wasn't selling. ive dispensed it once in the last few years and from a business standpoint i don't want it sitting on my shelf waiting to expire
 
KUMoose said:
I actually love this lawsuit. The law in Mass is very vague, that pharmacies must maintain drugs that are commonly perscribed. If the law is on the book and that vague, the system is begging to be challenged.

And lets be real, WalMart IS making a moralistic statement in not carrying plan B. This isn't the first time WalMart has done this, the routinuely pull books and magazines whose covers do not match their moral beliefs. If WalMart wants to enter the pharmacy market (and honestly, I'd rather they not after visiting the pharmacies here), then they need to realize blanket moral bias isn't going to work for script pushing.

sources
http://www.cbc.ca/story/arts/national/2004/10/21/Arts/jonstewart041021.html

http://www.local6.com/entertainment/3879467/detail.html

http://www.fool.com/news/take/2003/take030506.htm

I am certainly not the best when it comes to law, but don't private businesses have the right to carry what they please? I'm not trying to compare the EC pill to music CDs w/ explicit lyrics, but should people not have a right to their own personal beliefs as long as an appropriate alternative is available? Don't Orthodox Jewish MDs close their offices early on Friday and all day on Saturday in observation of the sabbath? Would someone go to a catholic hospital asking for an abortion?

Aside from any of the cultural concerns the part about these EC cases that concerns me the most is the inference that law makers can tell an entire profession (i.e. pharmacy) what they should do regardless of their ethical beliefs. I'm not against abortion (nor do I want to get into a pro-choice/pro-life debate) but I think each individual has the right to feel the way they do and the right to function in a capacity that coincides w/ their personal beliefs. Secondly, I don't think this is the same thing as a ER MD refusing to care for a HIV + pts or a rapist or anyone on the lower end to the public scale as these are instances involving an expected standard of care. As a remedy the public sector should provide an alternative for pts seeking the EC pill by providing a list of pharmacies willing the provide the pill and those not willing or provide a public means (i.e. public health clinic) to obtain the pill in the rare event that no pharmacies in the immediate vicinity are willing to provide the EC pill. A pharmacist must reserve their right to refuse to fill a prescription.

Nevermind the other questions like:
-Why are pharmacists dealt the responsibility of the EC pill?
-Is it b/c no one else wanted this type of ethical dilemma on their table?
-What about the side effects, bleeding risks, psychosocial, depression, etc?
-Should you really be taking an EC pill without appropriate follow up and/or medical supervision and/or appropriate counseling (i.e. health care clinic) for either the process itself and/or the trauma leading one to take the EC pill (i.e. possibility of rape)?

Its late and I'm tired, but I hope all of this makes sense and doesn't offend anyone as I know this is a sensitive subject so I apologize in advance for any unintended comments that may be perceived as offensive. My intent is to create dialogue and not to offend anyone's personal beliefs.
 
sdn1977 said:
One last funny note - I practice less than 1 mile from a Walmart which has a pharmacy - they stock EC & have a pharmacist who is able to prescribe & dispense it without an MD rx, which is legal in my state. I'll have to call her up & ask her what she thinks!
When I worked for WM in college, they had contracted with their suppliers (WM warehouse and Cardinal) not to allow Plan B to be shipped to their stores. I am surprised to find that any WM stocks the product. I wonder if they are ordering from their regular suppliers or not.
 
kwizard...some of the points you brought up were covered in a previous thread on the ethics of EC. I'm thinking each person needs to sort out for themselves what they believe, how far they want to take their own beliefs (professionally), and be up front with their employers before they are faced with the decision. But...to address some of your points - no..a state cannot mandate what a pharmacist can and cannot do - UNLESS there is a law which addresses it directly. That is not to say there is not a "reasonable man" portion to laws. This is what courts use to see if we acted in a way a "reasonable man" with all the skills and abilities we have professionally would act. However, apparently, Illinois does have a law which directly addresses the stocking of EC - it was news to me, but I only know CA law and that does not exist here - for any drug. Acknowledging the fact the law exists does not make it a good one, just one which must be followed by Illinois pharmacists (& in the case of MA - one which some want adopted there). Again, each pharmacist must make their own personal decision, and IMO - this is the least of the controversial ones. The best service you can do for patients - again, just my opinion, is to educate yourself very well in how the drug works, when it will work & when it won't, side effects and the correct circumstances in which it should be used. This is what you would do for any drug to correctly educate your patient. There is far too much misinformation, IMO. The reason the responsibility for dispensing falls to pharmacists is because dispensing drugs & educating patients is a responsiblity we agree to perform when we agree to become pharmacists!
 
sdn1977 said:
kwizard...some of the points you brought up were covered in a previous thread on the ethics of EC. I'm thinking each person needs to sort out for themselves what they believe, how far they want to take their own beliefs (professionally), and be up front with their employers before they are faced with the decision. But...to address some of your points - no..a state cannot mandate what a pharmacist can and cannot do - UNLESS there is a law which addresses it directly. That is not to say there is not a "reasonable man" portion to laws. This is what courts use to see if we acted in a way a "reasonable man" with all the skills and abilities we have professionally would act. However, apparently, Illinois does have a law which directly addresses the stocking of EC - it was news to me, but I only know CA law and that does not exist here - for any drug. Acknowledging the fact the law exists does not make it a good one, just one which must be followed by Illinois pharmacists (& in the case of MA - one which some want adopted there). Again, each pharmacist must make their own personal decision, and IMO - this is the least of the controversial ones. The best service you can do for patients - again, just my opinion, is to educate yourself very well in how the drug works, when it will work & when it won't, side effects and the correct circumstances in which it should be used. This is what you would do for any drug to correctly educate your patient. There is far too much misinformation, IMO. The reason the responsibility for dispensing falls to pharmacists is because dispensing drugs & educating patients is a responsiblity we agree to perform when we agree to become pharmacists!

I hear what you are saying and I've been a practicing pharmacist for a minute myself. However, the Illinois case in particular is concerning b/c of the potential for it so set a precedence for how states view the role of pharmacy (independent of any ethical issues). For instance in MD they just passed a bill referred to by the press as the "Walmart Bill" which was a supposedly a bill supported by other supermarkets and their unions to ensure that Walmart contributes a certain amount to health care coverage as a means to limit Walmart growth in the area. As a small point of clarification the bill had some generic name, but was deemed by the press and others oppose to it to be directly aimed at Walmart bill. The specifics of the case are a bit much, but the end outcome is that the bill was passed and the impression is that b/c of the bill, Walmarts scheduled for future construction in various areas have cancelled plans for construction and ceased expanding in the state. Forgive me if I am a bit sketchy on the facts, but this bill was initially consdired to just be an isolated situation in Maryland. Well about 2 weeks after passing a similar bill gets brought to the attention of the legislators in Kentucky.

First the case in Illinois, now the case the one in Massachusetts.

For the record I would have no problems dispensing EC pill and yeah I know pharmacists agree to dispense to pts (basically the primary role of the profession in community sector), but is the EC pill only dispensing. Obviously prescribing practices are more liberal in California and in Washington state, but the EC pill is PRESCRIBING and DISPENSING and the two shouldn't be so easily. Why aren't all the OC pills OTC is they are so safe. I'm familiar w/ the statistics that 68% of people took the pill appropriately, but what is happening to the other 32% and how deeply are we really following outcomes.


I am fine w/ agreeing to disagree, but in my opinion the prescribing and dispensing of the EC pill is just an example of an issue that other professions may not of wanted to deal w/ directly so they figured Oh.. just make the pharmacist do it.
 
Walmart is an easy target right now. They have done some things with which many are in disagreement (health insurance issues, desire by employees to form unions, etc). I wonder if this did not come about because people are trying to reign-in the power that Walmart has.
 
kwizard said:
I hear what you are saying and I've been a practicing pharmacist for a minute myself. However, the Illinois case in particular is concerning b/c of the potential for it so set a precedence for how states view the role of pharmacy (independent of any ethical issues). For instance in MD they just passed a bill referred to by the press as the "Walmart Bill" which was a supposedly a bill supported by other supermarkets and their unions to ensure that Walmart contributes a certain amount to health care coverage as a means to limit Walmart growth in the area. As a small point of clarification the bill had some generic name, but was deemed by the press and others oppose to it to be directly aimed at Walmart bill. The specifics of the case are a bit much, but the end outcome is that the bill was passed and the impression is that b/c of the bill, Walmarts scheduled for future construction in various areas have cancelled plans for construction and ceased expanding in the state. Forgive me if I am a bit sketchy on the facts, but this bill was initially consdired to just be an isolated situation in Maryland. Well about 2 weeks after passing a similar bill gets brought to the attention of the legislators in Kentucky.

First the case in Illinois, now the case the one in Massachusetts.

For the record I would have no problems dispensing EC pill and yeah I know pharmacists agree to dispense to pts (basically the primary role of the profession in community sector), but is the EC pill only dispensing. Obviously prescribing practices are more liberal in California and in Washington state, but the EC pill is PRESCRIBING and DISPENSING and the two shouldn't be so easily. Why aren't all the OC pills OTC is they are so safe. I'm familiar w/ the statistics that 68% of people took the pill appropriately, but what is happening to the other 32% and how deeply are we really following outcomes.


I am fine w/ agreeing to disagree, but in my opinion the prescribing and dispensing of the EC pill is just an example of an issue that other professions may not of wanted to deal w/ directly so they figured Oh.. just make the pharmacist do it.

kwizard - hope you got some sleep last night! I certainly didn't mean to come down on you after such a long day & I do hope you take my sentiments in the manner you intended - as a lively discussion only - not judgemental at all.

First...for EC...yes, in CA we have 2 options for how pharmacists deal with this drug. It can be filled like any other rx from a prescriber (which includes midlevels here - NP, PA as well as MD/DO). The second option is for pharmacists who have completed a training program (we become a midlevel prescriber and are recoginzed as such legally.) We have been allowed to prescribe & dispense EC under a statewide protocol since 2002. The protocol was developed as a joint effort between the American College of Obstetricians & Gynecologists, CPhA, the CA State Dept. of Health Services & CA State Board of Pharmacy. This prescribing protocol has massive support by the medical community in our state since access to medical practioners is so difficult. CA actually has many legend drugs in which phamacists can furnish without an rx if done under an protocol. Those of us who chose to be trained and furnish EC as pharmacists are as comfortable with doing this as we are with advising on the use of Prilosec because we know what it does & does not do.

As for outcomes - we actually have years of use. For safety outcomes, the data indicates the drug used OTC is safe. As for effective, again the data is clear. EC is most effective if used within 5 days of unprotected intercourse. It will NOT cause an abortion, interrupt an established pregnancy or harm a developing fetus. This data was in place well before our legislature chose to allow the law to pass.

Now, why are OC's not OTC? Because there are risks associated with OC's you do not have with EC. Because of this you must have an H&P, a PE & continuing medical followup. There really is a difference between 2 tablets of levonorgestrel & using Micronor daily. The medical community knows this and so do we. IMO, we can say the sky may fall - a patient may have a pulmonary embolism from using EC, but the reality is that they don't, however they do from OC - which is the crucial difference. Experience in CA & WA indicate it is safe and effective. I have always chosen to think at the edge of pharmaceutical care & in my state, this is an effective way to promote good pharmaceutical care without impinging upon individual beliefs.

Finally, the Walmart bill you refer to has to do with labor issues - not pharmaceutical issues. Walmart traditionally has employed part-time folks who do not qualify for medical insurance (because they are scheduled for less hours per week than Walmart requires for health benefits) which is how they keep their labor costs low. Unions, state government, businesses who don't have labor forces like this all dislike this because these employees do have to utilize the healthcare system (everyone at some point sees an MD if its for a URI or MI) and they are often on public assistance for their healthcare needs. Other businesses (like the supermarkets you refer to) can't compete because the unions over the years have negotiated healthcare even for the low end wage earners. States are forcing Walmart (& Target is sometimes in this same situation) to contribute to the state fund for healthcare compensation to offset the burden these employees place when they do utilize the healthcare system.
All states have issues with this kind of labor practice which is why states are following others lead. This is a political issue - some will agree with Walmart, others won't - I don't choose to side with either on this forum.

I apologize for being so long winded. I feel strongly one of our main issues as pharmacists is to educate the public. But, first, we need to educate ourselves on these controversial issues. One of the negatives of our profession, IMO, is how difficult it is to really find out what others are doing in other parts of the country. We can read about an off label use of a drug in a journal and accept if far more readily than different practice patterns in other states. I feel this lack of good communication professionally is a barrier to how we educate the public - not just our own state's public, but the public in general - perhaps a failing of our national organizations? I hope you and other pharmacy professionals know I firmly respect those choices each of us makes - I've been given that benefit many, many times and I would willingly extend that to all in the profession. Respectfully.....
 
sdn1977 said:
kwizard - hope you got some sleep last night! I certainly didn't mean to come down on you after such a long day & I do hope you take my sentiments in the manner you intended - as a lively discussion only - not judgemental at all.

Respectfully.....

Point well taken and well stated. I was actually up all night laying down a new floor in the basement and nothing keeps the brain stimulated early in the morning like this forum so the dialogue and information is appreciated. Thanks.
 
Someone tell me if you know...

Does any state have laws that specifically state that birth control (or any specific medication) must be stocked at specific businesses?

I know Illinois has the emergency rule "must fill" thing now, but what about legislation requiring pharmacies to stock birth control specifically?
 
DHG said:
Someone tell me if you know...

Does any state have laws that specifically state that birth control (or any specific medication) must be stocked at specific businesses?

I know Illinois has the emergency rule "must fill" thing now, but what about legislation requiring pharmacies to stock birth control specifically?

I can only speak for CA since that is where I'm licensed. I might have mentioned before...we are only obligated to stock basic resusitative medications if we are providing immunization by pharmacists on site. Otherwise....we have no obligation to stock any medication at all. (The exception - always an exception....is a hospital pharmacy which has an emergency physician on duty. In that case, the full complement of resusitative medications must be available - ie for a full code. But, I took the question as relating to retail pharmacies...)
 
I am not against EC. However, I think it's ridiculous to sue WM b/c they do not carry the drug. Especially when in most cities there are more Walgreens/CVS/chain pharmacies than WM's that do carry EC. I am a little concerned that the government will be dictating what private pharmacies carry. They don't tell doctors that they have to prescribe it so why would they tell us that we have to dispense it. Like I said, I am not against EC, I'm just against lawmakers telling us how to do our job. This just seems like another "sue the big company to make our group look better schemes."
 
I agree. Going way back into my business law readings I would swear that this could be a violation of the UCC, or possibly even equal protection. This could be the third time I am wrong though.
 
sdn1977 said:
Apparently the state of Illinois can require that. I apologize for beating this horse yet again...but...EC laws are controlled by each state. It appears there is a political segment in MA who feel they should have a law similar to that in Illinois. They need to go through the channels to get that done if they feel strongly. .)


So if all the pharmacists in MA turned in their licenses to protest the draconian environment, could they be sued? Can you be FORCED to practice?
 
baggywrinkle said:
So if all the pharmacists in MA turned in their licenses to protest the draconian environment, could they be sued? Can you be FORCED to practice?

mmmmm.....my mortgage company tells me I'm forced to practice - does that count????
 
I wonder if we can be forced to practice in a state of emergency. By that, I mean a natural disaster or similar unpredicatable incident, not one of those "I can't think of another solution so I'll use my power as a governor to call this a public health emergency so as to make you do what I say" type scenario.
 
bananaface said:
I wonder if we can be forced to practice in a state of emergency. By that, I mean a natural disaster or similar unpredicatable incident, not one of those "I can't think of another solution so I'll use my power as a governor to call this a public health emergency so as to make you do what I say" type scenario.

I was working in the SF bay area when the 1989 earthquake occurred. Pharmacists were not allowed to leave if they were working at the time until extra pharmacists came on duty (same as all the hospital folks) & the emergency call system, which all our hospitals have for call back immediately was initiated. There were enough volunteers to cover all needs and enough of us still had ways to reach hospitals so those who had issues at home were not put in situations where they had to choose between home/family & work. My experience was the immediate issues are narcotic availability & IV fluids/rescusitation drugs. Those pharmacists who worked NYC during/after 9/11 & the south during hurricanes would have a different perspective. None of us were forced to work if we didn't feel we could which was definitely a comfort.
 
Woo Hoo hurricanes!!!!

when Ivan came through (yes it was still a hurricane when it got to us)
i had some friends working retail (as rphs) and they were not allowed to leave their stores... it was a DM thing i think....

the unfortunate thing is that they had to stay until it was literally too dangerous for them to get to their homes. his wife begged him to come home but they were told they would be fired if they left the store...

we also have very very frequent tornadoes and you can't leave for those either

people on the gulf and down in FL can answer on a more regular basis...
 
bananaface said:
When I worked for WM in college, they had contracted with their suppliers (WM warehouse and Cardinal) not to allow Plan B to be shipped to their stores. I am surprised to find that any WM stocks the product. I wonder if they are ordering from their regular suppliers or not.

yes, wal-mart had a contract with mck & warehouse not to allow plan B but few states with state law requiring dispensing of plan B and thus u see those wm carrying plan B. However, with the latest news, wm is now dispensing plan B throughout the united state.
 
OHMAN0125 said:
yes, wal-mart had a contract with mck & warehouse not to allow plan B but few states with state law requiring dispensing of plan B and thus u see those wm carrying plan B. However, with the latest news, wm is now dispensing plan B throughout the united state.
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