FINDINGS OF FACT AND CONCLUSIONS OFLAW - 3
The Mission Statement of the Board, which appears on its website and is centralto its decision making process, is “to promote public health and safety by establishing the higheststandards in the practice of pharmacy and to advocate for patient safety through effectivecommunication with the public, profession, Department of Health, Governor, and theLegislature.”
Defendant-Intervenors Judith Billings, Rhiannon Andreini, Jeffrey Schouten,Molly Harmon, Catherine Rosman, Emily Schmidt, and Tami Garrard (together “Defendant-Intervenors”) each claim to have an interest in this lawsuit. Two of the intervenors are HIV-positive and the remaining intervenors are women of child-bearing age who seek to ensureaccess to emergency contraception.11.
Plaintiffs’ religious beliefs prevent them from taking part in the destruction of innocent human life, and Plaintiffs believe that human life begins at the moment of fertilization.Plaintiffs have reviewed the labeling, FDA directives and other literature regarding themechanism of action of Plan B and
(“emergency contraceptives”) and believe thatemergency contraceptives can prevent implantation of a fertilized ovum. Accordingly, Plaintiffs’religious beliefs forbid them from dispensing these drugs.12.
When Plaintiffs receive requests for these drugs, they provide the customer with a“facilitated referral.” By stipulation, Plaintiffs and the State-Defendants have defined afacilitated referral as “referr[ing] the customer to a nearby provider and, upon the patient’srequest, call[ing] the provider to ensure the product is in stock.”
None of Plaintiffs’ customershas ever been denied timely access to emergency contraception.13.
In 2007, the Board enacted a new regulation (WAC 246-869-010) and revised anexisting regulation (WAC 246-863-095). Together with WAC 246-869-150(1) (collectively, the“Regulations”), these Regulations prohibit pharmacies from providing facilitated referrals if apharmacy or pharmacist has a conscientious objection to delivering or dispensing that drug
Plaintiffs’ Exhibit (“PX”) 348 (Stipulation, Dkt. 441), ¶ 1.2.
Case 3:07-cv-05374-RBL Document 562 Filed 02/22/12 Page 3 of 97