The U.S. Department of Health and Human Services’ Office for Civil Rights issued new guidance Wednesday, warning U.S. pharmacists that dispensing drugs used in abortion could be a federal violation.
“We are committed to ensuring that everyone can access health care, without discrimination,” Minister Xavier Becerra said in a press release. “This includes access to prescription drugs for reproductive health and other types of care.”
FILE: Health and Human Services Secretary Xavier Becerra speaks June 28, 2022, in Washington. (AP Photo/Patrick Semansky, File)
The new guidance was issued to approximately 60,000 pharmacies across the US, “reminding them of their obligations under federal civil rights law,” according to the release. The guidance is in conjunction with President Joe Biden’s executive action on abortion access issued on July 8, following the Women’s Health Agency’s Dobbs v. Jackson that overturned Roe v. Wade.
“Discrimination against pregnant women because of their pregnancy or related conditions is a form of gender discrimination. Such discrimination can have significant health consequences from the denial of medication or treatment that may have a negative impact on the patient’s health. According with federal civil rights law, Pregnancy discrimination includes discrimination based on current pregnancy, previous pregnancy, potential or anticipated pregnancy, and medical conditions related to pregnancy or childbirth,” the directive states.
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HHS specifically used an example of early pregnancy loss where the patient is prescribed medication “to help prevent miscarriage.” The guidance said that if a pharmacist refuses to fill a patient’s prescription because those same drugs can be used to terminate a pregnancy, the pharmacy can discriminate on the basis of sex.
A pharmacy that refuses to fill a misoprostol prescription prescribed to help treat serious complications from a stomach ulcer may be discriminating on the basis of disability, HHS said. The agency noted that a pharmacy can also discriminate if it refuses to stock the drug based on its alternative use.
HHS also cited as another example of potential discrimination: a pharmacy that refuses to fill a prescription for methotrexate to stop an ectopic pregnancy, which develops outside the uterus and is not viable.
WASHINGTON – AUGUST 16: The US Department of Health and Human Services building. (Photo by Mark Wilson/Getty Images)
“President Biden’s sweeping executive order turns the US Department of Health and Human Services into the profit-driven marketing arm of the abortion industry. By promoting dangerous abortion drugs through the mail without restrictions or oversight, the Biden administration is complicit in endangering the lives of countless women and girls and their unborn children,” Susan B. Anthony Pro-Life America President Marjorie Dannenfelser said in a statement to Fox News Digital.
Biden’s executive order to protect access to reproductive health care services specifically asks HHS to enforce actions that will protect access to reproductive products and services, “including access to drugs FDA has approved as safe and effective,” according to a White House press release.
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Planned Parenthood issued a statement after the Executive Order was announced, calling on officials to fight for abortion after the Dobbs decision.
“Planned Parenthood is encouraged that the administration is reaffirming its commitment to abortion access and looks forward to working to implement these and other strategies to address this crisis,” said Jacqueline Ayers, Senior Vice President of Policy, Organizing and Campaigns at Planned Parenthood . statement.
Fox News reached out to Planned Parenthood and NARAL for comment, but did not immediately hear back.
The Associated Press contributed to this report.
Haley Chi-Sing is a production assistant at Fox News Digital. You can reach her at @haleychising on Twitter.
