Kaiser Daily Women's Health Policy Report Highlights Issues In Various States

The following highlights recent news of state actions on women's health issues.

Abortion Regulations
Louisiana: The state Senate on Monday voted 27-0 to give final approval to a bill (SB 33) that would ban abortion in the state except when the pregnancy threatens the life of the woman or could cause her severe health problems, the New Orleans Times-Picayune reports (Anderson, New Orleans Times-Picayune, 6/6). The measure would take effect only if the U.S. Supreme Court overturns Roe v. Wade -- the 1973 Supreme Court case that effectively barred state abortion bans -- or if the U.S. Constitution is amended to allow states to ban the procedure (AP/MSNBC, 6/5). The bill, which was approved by the state House last week, would punish doctors who perform abortions with one to 10 years in prison and fines of $10,000 to $100,000, but it would not punish women who undergo the procedure. However, the legislation would allow abortions when there would be "permanent impairment of the function of a life-sustaining organ or organs or to prevent the substantial risk of a pregnant woman" (Kaiser Daily Women's Health Policy Report, 6/2). Gov. Kathleen Blanco's (D) office on Tuesday said the governor would sign the measure into law. Deputy Press Secretary Roderick Hawkins said Blanco plans to sign the bill as soon as possible. He added that even though the governor previously supported exceptions for rape and incest in abortion-related restrictions, she thinks the bill's "safety measures" that protect the life of the woman are sufficient. Hawkins said, "The governor has always been a pro-life person," adding that the bill "fits into her beliefs of supporting life and being antiabortion" (Alford, New York Times, 6/7).

Emergency Contraception
Illinois: The state Department of Financial and Professional Regulation on Friday at Southern Illinois University-Edwardsville held the last of three hearings to collect public comments on a proposed rule that would require each of Illinois' 2,700 pharmacies to post a sign informing customers that pharmacists are required to dispense prescriptions for emergency contraception, the St. Louis Post-Dispatch reports (Beder, St. Louis Post-Dispatch, 6/2). A state rule, which was proposed by Gov. Rod Blagojevich (D) and approved in August 2005 by the joint committee on rules, requires pharmacies to dispense EC -- which can prevent pregnancy if taken up to 72 hours after sexual intercourse -- if they stock any FDA-approved contraceptive or risk losing their licenses. If any prescribed contraceptive is out of stock, pharmacies must provide an alternative, order the drug, make arrangements for another local pharmacy to fill the order or return the prescription to the customer. The rule allows pharmacies to opt not to sell any contraceptives (Kaiser Daily Women's Health Policy Report, 6/2). Speakers at the hearing "overwhelmingly favored" the proposal, the Post-Dispatch reports. The proposal now moves to the state Legislature's Joint Committee on Administrative Rules for consideration (St. Louis Post-Dispatch, 6/3). Rules for professionals such as pharmacists do not need action by the full state Legislature to be approved (Kaiser Daily Women's Health Policy Report, 6/2). If the joint committee does not block it, the rule could take effect this fall, according to the Post-Dispatch (St. Louis Post-Dispatch, 6/2).

Washington state: State pharmacy regulators might be overruled or removed if they allow pharmacists to refuse because of their moral beliefs to fill prescriptions for certain medications, Gov. Christine Gregoire (D) said Monday, the AP/KOMOTV reports (Woodward, AP/KOMOTV, 6/6). The state Board of Pharmacy last week voted to approve a rule that would allow pharmacists who oppose emergency contraception -- which can prevent pregnancy if taken up to 72 hours after sexual intercourse -- to refuse to fill prescriptions for the medication. Pharmacists cannot "obstruct a patient in obtaining a lawfully prescribed drug or device," and they must make an alternative available in a timely fashion if they "cannot dispense" a prescription, according to the rule. The rule, which faces public comment before taking effect, can be altered before the board considers it for final approval, which is expected in August (Kaiser Daily Women's Health Policy Report, 6/5). Gregoire said the board needs to change the rule to protect patients' rights, adding that if the board does not change the rule, the state Legislature likely will overrule their decision. Gregoire also said that because the board members' appointments were never confirmed by lawmakers, she can remove the board membership in January if she has the state Legislature's consent. She also would be able to pre-empt the board's decision with an executive order. Pharmacy board officials on Monday did not return calls for comment, the AP/KOMOTV reports (AP/KOMOTV, 6/6).















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