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July 29, 2022

Office for Civil Rights (OCR), U.S. Department of HHS, releases guidance for pharmacies, in light of the Dobbs v. Jackson Women’s Health Organization Supreme Court decision

The OCR guidance discusses the nondiscrimination laws and provides examples of how refusals to fill prescriptions for certain medications that could also be used to terminate a pregnancy could constitute discrimination on the basis of sex or disability.  On one hand, the guidance could affect the ability of pharmacists to use their professional judgment in making decisions about the suitability of prescriptions or advising patients about taking them.  On the other hand, a serious concern for pharmacists is that not adhering to the guidance may violate federal law.  

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