I hate to keep bringing this up, but pharmacy laws are a state by state issue, except for controlled drugs. However, even in these cases, state laws always trump federal laws if state laws are more strict. So...a corporate policy can never exceed that which state laws allow. All states have now recognized the professional judgement required by a pharmacists in excuting their duties as a pharmacist. Prior court judgements have clearly indicated that pharmacists do not own rxs and cannot refuse to transfer it or return it to the patient if the pt chooses to not fill it. If Walgreens or any other corporation forces their pharmacists sign a statement of compliance that the pharmacist is obligated to fill an rx (for Plan B or any other prescription drug) then the real question here is....is Walgreen's trying to override the pharmacists judmental capability? This, IMO, is the crux of the legal dispute currently - legally, it has nothing to do with the morality or otherwise of Plan B. It should not matter if it is Plan B or Thalidomide for myeloma - can a corporation override professional judgement??? We could bring up all sorts of "moral" issues which involve shoulds and should nots. However, the problems arises when someone outside the situation (a corporation in this case) requires someone (a pharmacist) to do a task which requires a certain professional discretion.
If you'll allow...I'll give you an example from a long time ago....When I was early in my career, I was the IV Clinical Pharmacist in a staff of 8 pharmacists of a community hospital which had a progressive cardiovascular surgical service. The chief of the CV surgery group asked us to make (about 8PM mind you..) a nitroglycerin drip. Now, this was before this product was commercially available, but it had been written up in the literature. I made it (from Sl tablets), but the next weeks were filled with meetings about if we would continue to make it or not....what were the complications, liabilities, etc (you can imagine...potency, lability, adherence to tubing, pyrogens, pathogens, on and on and on..) Some (the Asst Director) wanted to insist all pharmacists had to make it, others wanted to follow their own judgement - same discussion, but this now had consequences we could see - patients fared better with the drip. However, we all came to the consensus (except for the Asst Dir - she never agreed to this) that we would follow our own judgement and we developed protocols for how to handle the situation when someone was working who did not feel comfortable making it.
I guess I'm trying to show it is an argument that has to do with the pharmacist's ability to have independent judgement. I will always dispense Plan B and have counseled my own children & their friends in its existence and how it is obtained in this state. However, I will respect the right to have another pharmacist not want to dispense it as long as they allow the patient the ability to obtain it elsewhere. I will also NEVER sign a corporate mandate to dispense anything since I use my professional judgement on each and every rx I fill. Sorry for the long post!