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Arizona pharmacists must dispense emergency contraception

By The Associated Press
04.14.05

PHOENIX — Arizona Gov. Janet Napolitano has vetoed a bill that would have allowed pharmacists to refuse to provide emergency contraception if doing so conflicts with their moral or religious beliefs.

Napolitano, who supports abortion rights, said in her veto letter to lawmakers yesterday that pharmacists and other health care providers "have no right to interfere with the lawful personal medical decisions made by patients and their doctors."

The bill would have permitted pharmacies and hospitals to refuse to dispense drugs "prescribed to accomplish an abortion and emergency contraception based on a moral or religious objection." Emergency contraception, or the morning-after pill, reduces a woman's chance of becoming pregnant within 72 hours of intercourse by preventing ovulation or fertilization and interfering with implantation of a fertilized egg in the uterus.

Bill supporters expressed disappointment with the veto of what three Catholic bishops called civil rights legislation for health care professionals and institutions.

"For these providers, including Catholic hospitals, 'rights of conscience' are particularly important when they involve the taking of an innocent human life," Bishops Thomas Olmstead of Phoenix, Gerald F. Kicanas of Tucson and Donald Pelotte of Gallup, N.M., said in a joint statement.

Napolitano noted the bill was opposed by groups representing pharmacists, hospitals and nurses. "It is unwise to pass laws opposed by the leading associations of professionals whom the bill purports to protect," she wrote.

The Legislature approved the bill by margins less than those that would be needed to override a veto.

In Wisconsin, meanwhile, a state board yesterday approved sanctions against a pharmacist who refused to fill a prescription for birth-control pills or transfer it to another pharmacy because he believed providing a contraceptive would be against his religion.

The Pharmacy Examining Board said Neil Noesen had the right to refuse to fill the prescription if he thought it was wrong, but he then had the responsibility of getting the prescription to another pharmacist.

The board reprimanded Noesen and ordered him to attend ethics classes; he also is liable for an estimated $20,000 in costs for the proceedings against him. His lawyers did not immediately return messages last evening.

He will retain his license if he informs all future employers in writing he won't dispense birth-control pills. He also must put in writing the steps he would take to make sure a patient has access to medication.

Michael Bettiga, the board chairman, said that Noesen, of St. Paul, Minn., could refuse to dispense birth control pills if he believed it was wrong. But he had no right to refuse to transfer the prescription, which is a patient's property, Bettiga said.

"The prevailing issue is the safety and health of the patient becomes the overriding issue. You can exercise your belief, but you have to make sure there's a continuance of care and that patient is taken care of," said Bettiga, himself a pharmacist in Green Bay.

Noesen can appeal the ruling in circuit court.

Also yesterday, two Illinois pharmacists sued Gov. Rod Blagojevich for ordering them to fill prescriptions for emergency contraception even if it violates their religious beliefs.

The American Center for Law and Justice, which specializes in constitutional law, filed suit in state court in Springfield on behalf of Peggy Pace and John Menges, registered pharmacists who are both from Edwardsville. The center is seeking injunctions against Blagojevich's emergency rule, filed April 1, that requires pharmacies that sell contraceptives to fill birth-control prescriptions, including for the morning-after pill, without delay.

The lawsuit argues the rule is unenforceable because it violates state laws, including the Illinois Health Care Right of Conscience Act. That act makes it unlawful for public officials to discriminate against or punish those who refuse to participate in health care services contrary to their conscience.

The center argues the act covers pharmacists; Blagojevich has said it does not.


Related

Board questions pharmacist's refusal to dispense birth-control pills

Wisconsin regulators hear testimony from Neil Noesen, who cited his religious beliefs in declining to refill college student's prescription. 10.13.04

Illinois pharmacists told to fill birth-control prescriptions

Meanwhile, Tennessee lawmakers are considering bill that would allow pharmacists to refuse to dispense any medicines that violate their moral principles. 04.04.05

Governor vetoes bill mandating emergency-contraception info
Colorado's Bill Owens says measure would have crossed the line by forcing church-backed hospitals to violate their ethics guidelines. 04.06.05

California Assembly prescribes new rules for drug stores
Under A.B. 21, pharmacies would have to find ways to fill prescriptions when individual pharmacists refuse to provide medication on moral grounds. 06.04.05

Nurse sues university over morning-after pills
Denied promotion, Andrea Nead says it was because she won't dispense medicines that violate her religious beliefs. 06.09.05

Wis. governor vetoes 'conscience-clause' bill
Measure would have allowed health-care workers to opt out of half-dozen procedures on religious or moral grounds without fear of reprisal. 10.17.05

Pharmacist who refused to dispense birth control can't sue employer
Federal judge rejects Neil Noesen's claims that Wal-Mart fired him for refusing to fill certain prescriptions, violating his religious freedom. 06.10.06

Regulators: Pharmacists must dispense emergency contraception
Former Washington pharmacy association president says new rule essentially tells him and other druggists to 'stuff my conscience.' 09.04.06

Wash. pharmacists challenge emergency-contraception rules
Pharmacy owner, two druggists say state regulation forces them to choose 'between their livelihoods and their deeply held religious and moral beliefs.' 07.30.07

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