Pharmacist Conscious Protections

S.B. 113 – Sen. Michele Hoitenga

Current Status

S.B. 113 was introduced on March 1, and was referred to the Senate Government Operations Committee.

Description

S.B. 113 allows for any pharmacist or pharmacy technician to refuse to perform or participate in an abortion including refusal to dispense the abortion pill, and may also refuse to allow an abortion to be performed on the premises of a pharmacy clinic.

Background

In January of 2023, the Food and Drug Administration changed its rules regarding the abortion pill dispensing, now allowing dispensing by pharmacies. Previously, only a licensed healthcare provider could prescribe or dispense the abortion pill. Michigan law provides conscience protections for physicians who object to participation in abortion, but pharmacists currently do not enjoy such protections. It is wrong to force anyone to violate his or her conscience and participate in an abortion, including dispensing abortion pills. S.B. 113 will ensure no pharmacist must violate his or her sincerely held religious beliefs or morals.

History

In the 1970’s, federal conscious protections, known as the “Church Amendments,” were passed to protect the rights of doctors who objected to performing or assisting in the performance of abortion or sterilization procedures if doing so would be contrary to the provider’s religious beliefs or moral convictions. At the time, the only abortions being performed were surgical. In 2000 the FDA approved the abortion drug mifepristone. Currently, almost half of the abortions performed in Michigan are chemical abortions. When the abortion pill was approved by the FDA, it was with the stipulation that the pills must be dispensed in person by a licensed physician in order to ensure the safety and well-being of the woman taking the pills. In 2020, the Biden administration temporarily lifted the in-person requirement to allow women to obtain the abortion pill citing the Covid pandemic, and in 2021, doctors were permanently allowed to forgo the in-person requirement. Now that abortion pills are allowed to be dispensed by pharmacies, it will become commonplace for women to have a telemedicine visit with an abortion provider and have her abortion pill prescription sent to the nearest pharmacy or mailed directly to her home from the pharmacy. This practice omits a physical exam and puts women in potential danger from ectopic pregnancies or incorrect gestational age limits leading to increased adverse events.