The penalty for obstruction to access abortion drugs, once convicted, is a fine or imprisonment of up to 10 years. Picture: File
THE South African Pharmacy Council (SAPC) has issued a notice confirming that pharmacists may not refuse to dispense medication - due to personal beliefs or moral reasons - to a person who wants to terminate a pregnancy.
This notice comes after 13 NGOs and legal centres addressed an open letter to the SAPC and the National Department of Health.
The letter highlighted alarming reports of pharmacists refusing to dispense abortifacients despite patients having valid prescriptions.
A vast majority of these pharmacists cited moral or religious grounds as the reason for their refusal to dispense.
A staggering 40% of surveyed pharmacies were reported to have refused these medications, which the NGOs said undermined constitutional rights to reproductive autonomy and access to healthcare.
Victoria Satchwell, from Abortion Support South Africa, said the refusal has devastating consequences.
“When a woman in a rural part of the country is told by the only pharmacist in town that they won’t dispense her valid prescription for abortion medication, this often means she won’t get the help she needs or she’ll resort to unsafe methods.”
Satchwell added that pharmacists cannot decide for a woman if she should have an abortion, and they should not push women into the backstreet.
The open letter was accompanied by a legal opinion that set out in detail what the legal position is in respect of pharmacists who refuse to dispense abortion drugs when a valid prescription is presented.
The legal opinion emphasised that under the Choice on Termination of Pregnancy Act (CTOP), and the National Clinical Guideline for Implementation of the Choice on Termination of Pregnancy Act, pharmacists who refuse to dispense these drugs due to personal beliefs and morals may be guilty of unlawful conduct in the form of obstruction to access of healthcare.
The guideline expressly states that pharmacists, as indirect healthcare providers, may not refuse to provide general or standard care to an individual, based on personal beliefs.
The penalty for obstruction to access in terms of the CTOP Act, once convicted, is a fine or imprisonment of up to 10 years.
In response to the open letter, the SAPC issued a notice affirming that pharmacists may not hinder or prevent any woman from exercising their choice to terminate a pregnancy based on their personal opinion or beliefs.
They must act in the best interests of their patients and respect patients’ autonomy in making reproductive health choices.
The SAPC further clarified its authority, as provided in the Pharmacy Act, to investigate and sanction improper conduct committed by pharmacists who refuse to dispense due to personal or moral beliefs.
The NGOs, meanwhile, welcome the SAPC’s response and the clarification that it has provided to its members on what their duties are under the CTOP Act and the guideline.
They said in doing so, the SAPC has ensured that pharmacists are aware of their obligations to their patients which will have a significant impact in improving women’s access to reproductive healthcare.
Misoprostol is standard care for abortion as per the guideline and the World Health Organization Abortion Care Guideline. While misoprostol’s off-label use for abortion remains discretionary, efforts are under way to introduce registered abortion-specific products.
“Despite our advocacy milestone, further work is needed to ensure widespread compliance and access. We commend all endorsing organisations for championing this critical issue.
“Together, we have reaffirmed that access to healthcare must be equitable, compassionate, and in line with our constitutional values. We remain committed to fighting for reproductive justice,” the NGOs said.
People who wish to report pharmacists refusing to dispense prescribed abortion medication due to personal beliefs are encouraged to file complaints with the SAPC.
zelda.venter@inl.co.za
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