Biden administration says pharmacies cannot deny legally prescribed abortion medication
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WASHINGTON – The Biden administration warned pharmacists Wednesday that they are at risk of violating federal civil rights laws if they deny filling prescriptions to medications that could be used for abortions.
The U.S. Department of Health and Human Services’ Office for Civil Rights issued the guidance to roughly 60,000 U.S. retail pharmacies after reports that patients were being denied abortion medication after it was prescribed or medication to treat certain ailments that could cause abortions.
“We are committed to ensuring that everyone can access health care, free of discrimination,” HHS Secretary Xavier Becerra said in a statement. “This includes access to prescription medications for reproductive health and other types of care.”
The guidance comes roughly two weeks after a Supreme Court ruling overturned Roe v. Wade, the landmark 1973 ruling that had established a constitutional right to abortion.
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The Department also issued guidance to hospitals reminding them they have to provide stabilizing care to pregnant patients and perform an abortion if the person’s life is at risk, even when the procedure is illegal in the state where they practice.
The office noted that discrimination against pregnant people on the basis of their pregnancy is considered sex discrimination and certain scenarios could violate federal civil rights laws.
For example, a pharmacy cannot deny filling a prescription for mifepristone, which can help assist with the passing of a miscarriage to a person who is experiencing a first-trimester miscarriage. The office said that would be discrimination on the basis of sex.
There have also been some cases of individuals who need medication for an ailment that are being denied because it could be used for abortions.
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One example is with methotrexate, which is typically used to treat rheumatoid arthritis but can also be used to treat an ectopic pregnancy, which is when a pregnancy starts outside the uterus. The HHS Office of Civil Rights said that a pharmacy denying to fill a prescription for that medication could be discriminating on the basis of disability.
Following the Supreme Court’s ruling, President Joe Biden is facing increased pressure by abortion rights advocates to protect reproductive care services.
Biden announced last Friday that he will protect access to medication and make legal representation available to women who choose to travel out of state for an abortion. He also instructed Becerra to submit a report in 30 days on protecting access to abortion medication and contraception and ensuring that women have access to emergency medical care.
Contributing: Michael Collins
Reach Rebecca Morin at Twitter @RebeccaMorin_
This article originally appeared on USA TODAY: HHS: Pharmacists cannot deny filling abortion pill prescriptions
