HealthLawProf Blog

Editor: Katharine Van Tassel
Akron Univ. School of Law

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Sunday, February 26, 2012

Rule Requiring Pharmacy to Deliver Prescribed Medications Regardless of Religious or Conscientious Objection Held Unconstitutional

A decision that was handed down by the U.S. District Court in the Western District of Washington this week in Stormans v. Selecky held that the Washington State Department of Health’s Pharmacy Board’s rule that requires pharmacies to deliver lawfully prescribed drugs or devices to patients, with no exception for conscientious or religious objection, was unconstitutional as applied to a licensed pharmacy and two licensed pharmacists who challenged the rule. The opinion may be found at http://www.wawd.uscourts.gov/documents/HomePageAnnouncements/C07-5374%20Opinion.pdf. Hat tip to Vickie Williams, Associate Dean for Academic Affairs, Gonzaga University School of Law.

[KVT]

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