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June 23, 2023
Health Law Weekly

Walgreens, CVS Taking Steps to Ensure Timely Access to Meds That May End Pregnancy but Prescribed for Other Purposes

  • June 23, 2023

CVS and Walgreens voluntarily agreed to implement new processes at their pharmacies to help ensure timely access to medications that may be used to terminate a pregnancy but are prescribed for other purposes such as miscarriages or conditions unrelated to abortions, the Department of Health and Human Services Office for Civil Rights (OCR) announced June 16.

OCR said it received complaints that the retailers' pharmacies were denying and delaying lawful access to medications such as methotrexate and misoprostol or to emergency contraceptives.

“Since Dobbs v. Jackson Women’s Health Organization, women across the country have reported delays in accessing medication for purposes unrelated to abortion,” OCR said.

After the Supreme Court overturned Roe v Wade last summer, OCR issued guidance warning pharmacies that refusing to fill prescriptions for medications because they also could be used to terminate pregnancy could violate federal anti-discrimination laws. The guidance came after reports that some pharmacies were denying women access to certain drugs to manage a miscarriage or complications from pregnancy loss or for other conditions like rheumatoid arthritis because the medications also could be used for ending a pregnancy.

OCR said it provided technical assistance to CVS and Walgreens, which agreed to take steps to ensure women receive timely access to lawfully prescribed medications to resolve the complaints against them. These efforts include establishing specialized teams to prevent discrimination at the pharmacy level, launching new trainings on reproductive health care, and creating direct paths for customers to submit complaints.

“None of these voluntary steps require CVS or Walgreens to dispense drugs for the purpose of abortion,” OCR noted.

 

 

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