Pharmacist refuses to fill birth control prescription for "religious reasons"

[Nightingale 0]

http://www.cnn.com/2004/HEALTH/10/12/contraceptive.complaint.ap/index.html

MADISON, Wisconsin. (AP) -- A former pharmacist said Monday he refused to fill a college student's prescription for birth control pills or transfer it to another pharmacy because he did not want to commit a sin.

Neil Noesen, 30, testifying before a judge at a disciplinary hearing, could face a reprimand or loss of his pharmacist's license for refusing to help Amanda Phiede obtain her pills.

"I could have trouble sleeping at night. I could be suffering the worst kind of pain. Spiritual pain," Noesen told an administrative law judge.

The state Department of Regulation and Licensing accuses Noesen of unprofessional conduct for not transferring Phiede's prescription.

"The additional risk of pregnancy should not have been imposed on her by someone else," said John Zwieg, a lawyer for the department.

Noesen's attorney, Krystal Williams-Oby, said Noesen broke no laws. She described him as a devout Roman Catholic and said any punishment would violate his constitutional right to religious expression.

According to the complaint, Noesen was an independent pharmacist filling in at a Kmart pharmacy in Menomonie in July 2002 when Phiede, then a student at the University of Wisconsin-Stout, asked to renew her birth control prescription.

Noesen, the only pharmacist on duty at the store at the time, asked if the prescription would be used for contraception, then refused to refill it when she said it would. "I just wanted to get my pills and go home," Phiede said.

Noesen also refused a Wal-Mart pharmacist's request to transfer the prescription, she said.

Phiede returned to Kmart the next day with police, she said, and the store manager called Ken Jordanby, the pharmacy director who was out of town. Jordanby filled her prescription when he returned the following day.

In his testimony, Noesen talked about God's law and accused Zwieg of harassing him.

"It's good for a person to be persecuted," he said when asked by his lawyer how the proceedings have affected him. "Really, it helps you grow in your faith."

The hearing was expected to conclude Tuesday. The judge will make a recommendation to the examining board on what punishment, if any, Noesen should receive.

[wmw999 2,589]

Sounds like it's started out on the right foot -- the store is making sure she gets her prescription, and he'll face due process.

It'd suck for pharmacies to have to start asking people if they will be willing to fill out prescriptions as written. Because, well, if you're a pharmacist, you should have to do that. If you see a pattern (e.g. a single doctor who prescribes too much speed), there should be a way to report that, and I'm sure there is.

But normally one person doesn't get to both make up and enforce the law. Unless he or she is a vigilante.

But in this case, sounds like the system is working so far.

Wendy W.

There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown)

[peregrinerose 0]

Just the fact that the pharmacist refused to transfer the prescription to another pharmacy at the direct request of the patient is a violation of the law. All records belong directly to the patient, so can not be withheld like that.

Do or do not, there is no try -Yoda

[Rebecca 0]

What I'm wondering is, if he's always been a "devout Roman Catholic", why did he become a pharmacist in the first place, knowing he'd have to fill OCP prescriptions? Not to mention other 'sinful' drugs (STDs)...

Yep, system's working alright.

you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk?

[quade 4]

Not that this happens exclusively, but have you ever noticed that it's mostly men that want to control the reproductive cycles of women and deny them access to birth control and choice?

quade -
The World's Most Boring Skydiver

[Rebecca 0]

Who voted to keep the morning-after pill out of the US (legally)? Mostly men.
Who deliberates the legality of abortion (partial birth and other)? Mostly men.

Ect. ect. ect. ad infinitum

I try not to think about, because in general, I like men (a lot), and that just pisses me off.

you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk?

[happythoughts 0]

Quote

Not that this happens exclusively, but have you ever noticed that it's mostly men that want to control the reproductive cycles of women and deny them access to birth control and choice?

That is what I think about a lot. Controlling womens ovaries.

And sometimes, other organs. Bladders, I want them to only pee after we get to the theme park, not at every 7-11 along the way.

[quade 4]

Excuse me. I should have qualified the statement as being about extremists; the people that think killing doctors and bombing clinics is a "just cause".

There are very few instances of women being active in those types of things.

quade -
The World's Most Boring Skydiver

[wmw999 2,589]

Like many rules, there's always a loophole. I don't think it occurred to anyone to ask him if he'd refuse to fill some prescriptions, and the situation might not have occurred to him at the time either.

And it could be that he used to fill them, and has become more devout.

Either way, I'm glad he denied it to someone who was willing to kick up a fuss.

But I'll bet he won't be working there as a pharmacist, alone, much longer. Maybe he can work for a Catholic pharmacy, who might have no problems having such a rule.

I'm OK with companies having clearly-stated rules like that. Not all companies are public utilities. But the customer should be able to have legal needs filled in a reasonably easy manner.

Wendy W.

There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown)

[lawrocket 3]

Quote

But I'll bet he won't be working there as a pharmacist, alone, much longer. Maybe he can work for a Catholic pharmacy, who might have no problems having such a rule.

Well, I cannot see him ever working as a pharmacist again. His job is to check for a valid prescription and fill it. That's it. And it's why he's before an ALJ.

My wife is hotter than your wife.

[Rebecca 0]

Quote

Excuse me. I should have qualified the statement as being about extremists; the people that think killing doctors and bombing clinics is a "just cause".

There are very few instances of women being active in those types of things.

Ah yes, that too. Is it a control thing with those guys?

My comment was more in reference to the fact that most of our governing entities, the ones who decide on issues related to 'women's bodies', i.e. abortion, birth control or lack thereof, etc., are comprised of mostly men. It's not that I get mad at men, per se, when legislation swings away from women's rights (morning-after pill), I just get mad at the situation.

Clear things up?

you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk?

[AndyMan 7]

Quote

My comment was more in reference to the fact that most of our governing entities, the ones who decide on issues related to 'women's bodies', i.e. abortion, birth control or lack thereof, etc., are comprised of mostly men.

What on earth would make you say THAT?

http://www.whitehouse.gov/news/releases/2003/11/images/20031105-1_p35410-21-515h.html

__

You put the fun in "funnel" - craichead.

[SkyDekker 1,465]

Quote

What on earth would make you say THAT?

http://www.whitehouse.gov/..._p35410-21-515h.html

well, at least the picture was taken by a woman, you can't claim no women were involved

[AndyMan 7]

There also appears to be the forehead of a woman in the bottom of the frame...

_Am

__

You put the fun in "funnel" - craichead.