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Pharmacists For Life International - PFLI.org - ©MCMLXXXIV-MMV
Legal
News and Information for Pro-Life Pharmacists of Conscience
Recent events in the pharmaceutical world point to the
overwhelming need for a Pharmacist's Conscience Clause (CC) as an
immediate imperative. Until all 50 states and US territories have
such protection for Pharmacists of Conscience, many such good and
noble pharmacists continue to be persecuted for their sincerely held
religious, moral and ethical beliefs. This can only add to the
currently dire situation of a grave shortage of pharmacists,
especially those who are competant clinically as well as of good
moral character, a required condition of licensure, membership and
employment in most states, trade associations and employers,
respectively.
As such, PFLI here provides some resources and information for
such Pharmacists of Conscience who find themselves under attack by
legal and judicial mechanisms, employers, fellow employees, the left,
radical feminazis, and all those who harbor the great error of this
age that they have an inherent "right" to kill the
innocent, weak, and defenseless, most especially the preborn.
While not intended to be legal counsel in any shape or form,
this would provide a good "starting point" for pharmacists
who need such assistance, help, and guidance as they handle hostility
by those who would impose their version of immorality on these noble
Pharmacists of Conscience.
Several contacts and resources are provided of individuals and
organizations which have indicated a willingness to assist these
Pharmacists of Conscience.
If you think your civil rights have
been violated in the pharmacy workplace due to invoking your rights
of conscience, please contact the PFLI PharmAid Center as soon
as you can for assistance at: PFLI
Member Services
Utah
adds Conscience Clause; passes three pro-life bills, fourth signed
into law
by
Peter
Smith Fri
Mar 11, 2011 18:20 EST
SALT LAKE CITY, Utah, March
11, 2011 (LifeSiteNews.com) – The state of Utah is enacting
tighter controls on the state’s abortion industry and
guaranteeing conscience rights of health care providers with the
recent passage of pro-life legislation.
The
Utah House and Senate, chambers dominated by Republicans,
overwhelmingly passed three major pieces of pro-life legislation for
this year’s legislative session, while another bill was
recently signed into law by the governor.
The
first bill, HB353, “Abortion Freedom of Conscience Act, as
amended, ” establishes
that both doctors and hospitals have freedom of conscience rights to
refuse to perform abortions, and that medical professionals cannot
be fired for refusing to perform abortions.
The bill clearly
covers all health care professionals, including pharmacists,
objecting to being involved in any manner with any abortion. This
can easily be construed to include all drugs which are known to be
abortifacients, including so-called 'oral contraceptives", Plan
B [so-called "morning after pills"], ella, mifepristone,
etc.
Monday,
March 29, 2010
[Idaho] Conscience Protections Become Law
On Saturday, Idaho
Governor Butch Otter allowed SB1353 to become law without his
signature.
While that is an admittedly disappointing
development, we cannot allow that to take away from the huge pro-Life
victory this legislation represents. Frankly, it is also rather
surprising given Otter’s strong constitutional orientation.
SB1353 codifies the very spirit of our 1st Amendment’s promise
of religious and moral liberty.
After some two years’
worth of work, Idaho joins a handful of other states with
comprehensive conscience protections for health care professionals.
It couldn’t have come at a more opportune moment.
With
the federal government now busily erecting hundreds of new agencies
with which to invade our hospitals, clinics and insurance providers’
offices – this new law may well prove vital to protecting the
integrity of our vital health care professions. We are confident that
it will also help protect the very lives of vulnerable Idahoans.
Our
special thanks to the Idaho statesmen who went beyond the call of
duty to make this new law reality: Senators Russ Fulcher, Chuck
Winder and Representatives Tom Loertscher and Erik Simpson. We
received support and encouragement from many tremendous legislators –
who offer Idaho courageous and principled leadership at a difficult
time in our nation’s history.
And thank you
… our many readers and supporters from across the
state who help us fight these battles. May the Lord continue to
prosper you for your active and powerful love of neighbor and
community.
Posted at 3/29/2010
02:27:00 PM Link
to this article
WI
PASSES MANDATORY ABORTIFACIENT DISPENSING IN Jun 2009...
Date
of enactment: 13 March 2008 * 2007 Assembly Bill 377 *
Date of publication*: 27 March 2008
2007 WISCONSIN ACT 102
The
Wisconsin edict which forces pharmacists to dispense all s-called
"contraceptives" is buried in a huge amount of legal
gibberish. You need scroll way down in the pdf file to
the "450 section".... It took a long time for the
regulation to be promulgated to the affected parties.....
http://www.legis.state.wi.us/2009/data/acts/09Act28.pdf
Act
28 Date
of enactment: June 29, 2009
2009 Assembly Bill 75 Date
of publication*: June 29, 2009
2009 WISCONSIN ACT 28
(Vetoed
in Part)
Starts with "AN
ACT relating
to: state finances and appropriations, constituting the executive
budget act of the 2009 legislature.
The people of the state of Wisconsin,
represented in senate and assembly, do enact as follows:"...
Hiz Honor, [former] Guv.
"Slobodan" Blagojevich, often known for impersonating his
Serbian namesake, of war crimes fame and now ostensibly answering for
his misdeeds, is at it again!
Seems "Slobo" had one of his functionaries send a letter
recently to all pharmacies and pharmacists dissing them on the
subject of honesty (now there's the pot calling the kettle black!).
He claims pharmacists of conscience, not hounded enough already by
Slobo, are now deceiving patients who wish to phagocytize high
powered steroids which have a proclivity for causing terminal death
of their preborns and causing grave and, at times, long term damage
to the mother. So much so that the CDC, itself not a pro-life
bastion, desingated all so-called oral "contraceptives" as
Class A carcinogens i.e. known without a doubt to induce cancers in
those exposed to them. His desired end result: pin a red letter 'A'
on pharmacists with a conscience so they may be persecuted further.
Guv
'Slobodan' sends threatening enforcement letter to IL pharmacists,
dictatorial grip tightens, demands they wear 'scarlet letter' showing
they have a conscience
Note on demands of some
pharmacy chains requiring Religious Declaration of pharmacists of
conscience may constitute prima faciae violation of religious
discrimination under various state and federal labor laws
Some employers are requesting or requiring that their pharmacists
submit a letter concerning their religious beliefs, if they choose
not to dispense hormonal birth control drugs which can stop the life
of a human embryo (i.e. act as an abortifacient).
That the religious beliefs are being questioned means that there
is an intent to religiously discriminate.
The desire to avoid killing any humans is always based upon a
religious belief that humans have sufficient value that they ought
not to be purposely killed. This belief is ALWAYS religious, since it
postulates a value of human life which is not objectively proven by
physical means. This undeniable fact demonstrates that all people,
(including atheists and non-theists,) should be able to behave as
proper humans and health care providers, under the protection of
Title VII of the Civil Rights Act.
Pharmacists who are being asked to submit these letters should
point this out to the employers, and also be especially attentive to
the refusals to dispense which ARE tolerated by the employer. These
constitute evidence of religious discrimination, since only those
pharmacists who refuse to dispense the abortive drugs are being
requested to justify their refusal to kill a human.
If you think your civil rights have been violated in the pharmacy
workplace due to invoking your rights of conscience, please contact
the PFLI PharmAid Center as soon as you can for assistance at:
PFLI
Member Services
Karen Brauer, MS, RPh
President PFLI
November 2005
Recent Legislation regarding Conscience Clauses by State:
Last updated 6 Apr 2010 AD
Legislation
In the 2005 legislative session, 15 states (AZ, AR, CA, GA, IN,
MD, MI, MO, NJ, RI, SD, TN, TX, VT, WV) have introduced 20 relevant
bills regarding pharmacist refusal. Of these, 11 states are
considering bills that would permit a pharmacist to exercize rights
of conscience in safeguarding patient lives (AZ, AR, GA, IN, MD, RI,
SD, TN, TX, VT, WV) and 4 states (CA, MO, NJ, WV) are considering
bills which would not protect pharmacists.
Laws and Administrative Action
Right to Conscience Clause Protection:
The federal Dept of HHS has introduced regulations which
essentially protects the rights of conscience for any health care
worker, including pharmacists, from discrimination, recrimination and
harrassment. The regulation explanatory note from HHS secretary Mike
Leavitt reiterated the regulations only reinforce at least 3 existing
laws which already are in force at the federal level. Click
for a detailed memo from HHS as well as a copy
of the proposed regulations themselves, introduced 22 August 2008.
There are currently four states with existing laws (AR, MS, SD) or
regulations (GA) that explicitly permit pharmacists to use their
intellect and properly formed conscience in exercizing their right of
conscience or define services broadly enough to include so-called
"contraception", most of which are highly potent steroids
that are scientifically verified abortifacients.
PA
Issues Board of Pharmacy Conscience Policy:
PA added a "Matter of Conscience"
administrative policy to the official actions of the commonwealth's
Board of Pharmacy in Oct 2007, and published it in their Mar 2008
Newsletter to licensed pharmacists. The "policy" is
contradictory, vague in some areas and offers little substantive
guidance for Pharmacists of Conscience in the Keystone State. It does
give pharmaicsts who still have a conscience in PA some coverage of
rights of conscience but takes it right back with other onerous
stipulations. Only a legal challenge to this policy, or legislative
action correcting it, can bring true Rights of Conscience protection
to PA pharmacists. It is clear those with abortoholic proclivities
had the Board's ear when drafting this policy.
Laws
Arkansas § 20-9-1001 allows certain individuals or
entities to refuse to perform abortion services and provide or
dispense so-called “contraceptives” in all or most
circumstances.
California
SB 644 Chapter No. 417 prohibits a health
care licentiate from obstructing a patient in obtaining a
prescription drug or device and would require the licentiate to
dispense drugs and devices pursuant to a lawful prescription or order
except in specified circumstances, including on ethical, moral, or
religious grounds asserted by the licentiate.
Colorado Rev.
Stat. 25-6-102 states that no private institution, it
employees, or physicians may be held liable for refusing to dispense
contraceptive supplies, procedures or information if their refusal is
based on a moral or religious objection to such activities.
Florida
2003 Stat. XXIX 381.0051 states that physicians or
other people may not be held liable for refusing to dispense
contraceptive or family planning devices, services or information.
Georgia
Admin. Code § 480-5-.03 provides that a
pharmacist shall not be required to fill a prescription for an
emergency contraceptive drug; provides that such refusal shall not be
the basis for any claim for damages; provides for the duration of the
effectiveness of the written objection; provides for related matters;
repeals conflicting laws.
Idaho
(3/31/10) passed
Rights of Conscience legislation AMENDING CHAPTER 6, TITLE 18, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 18611, IDAHO CODE,
in both the House and Senate and sent the bill to the Governor
"Butch" Otter for signature. After 10 days, the legislation
became law without the Governor's signature, as allowed by statute.
Any health care provider, including pharmacists, may exempt
themselves from participating in any health care provision which
violates their sincerely held religious, moral or ethical beliefs,
without fear of civil or criminal lawsuit. Click the link to read the
new law.
Indiana
SB 3 (Jan 28, 2008 version) [DIGEST OF SB3 (Updated January
29, 2008 2:37 pm - DI 84)] - regulates dispensing of certain
dangerous drugs by pharmacists. Provides that a pharmacist may not be
required to dispense or sell a drug or medical device if the drug or
medical device would be used to: (1) cause an abortion; or (2) cause
the death of a person by means of assisted suicide, euthanasia, or
mercy killing. Specifies certain actions that a pharmacist must take
when refusing to dispense a drug or medical device. States that a
pharmacy must have a policy in place to dispense or sell a drug or
medical device that a pharmacist refuses to dispense or sell.
Specifies that a pharmacist's refusal to dispense or sell a drug or
medical device may not be the basis for: (1) a claim of damages
against the pharmacist or pharmacy; and (2) disciplinary action
against the pharmacist. Provides that an employer who knowingly or
intentionally takes disciplinary, recriminatory, or discriminatory
action against a pharmacist who refuses to dispense or sell a drug or
medical device commits pharmacy discrimination, a Class A
misdemeanor. Makes a second or subsequent offense a Class D felony.
Authorizes the Indiana board of pharmacy to assess additional fines
against the employer.
Illinois requires pharmacies to dispense contraception.
Gov. Rod “Slobodan” Blagojevich issued emergency rules
[edicts] that require pharmacies in the state to dispense
FDA-approved so-called “contraceptives”. If the pharmacy
does not have the drug or a suitable substitute in stock, then the
pharmacy must order the medication through standard procedures,
transfer the prescription to another local pharmacy or return the
prescription to the patient. The emergency rules will be in effect
only for 150 days, after which the state is expected to begin the
normal rulemaking process in order to make the requirement rule
permanent. This edict has the net effect of making pharmacists
slave-wards of the state with no free will or ability to make
professional and moral judgments for themselves in violation of IL
law and the US Constitution's First Amendment.
Maine
Rev. Stat. tit. 22, 1903 (1973) gives physicians and
agents of medical and related facilities the right to refuse to
provide family planning services when such actions would
interfere with moral or religious beliefs.
Mississippi
Code Ann. § 41-41-215 permits health care providers,
including pharmacists or other pharmacy employees, counselors, social
workers, health insures and health care facilities to refuse to
provide [any] medical services, including counseling and referral, on
religious or ethical grounds (SB 2619).
NC
Board of Pharmacy Newsletter April 2005 - see especially pg. 4
The NC Board of Pharmacy's reasoning has a huge hole in it, as
does that of the parties cited, to wit: Does the so-called "right
to obtain a drug" pursuant to a legal prescription mean that the
patient does not have to pay for it? If this isn't the case, then
there is no "right". Yet, the NCBOP, APhA, NABP and their
amen corner in the media and legislatures would have the public think
otherwise. Having used a false premise for their "argument",
their conclusion is also false by the laws of logic as well as that
of right reason, equity, fairness and basic justice. It could be
justice and equity will be found only in the form of a multiplicity
of litigation as the ditatorial governor of Illinois. "Slobodan"
Blagojevich, is experiencing. One has to pause and wonder how a fair
state such as NC with its exemplary laws on clinical consultative
agreements between pharmacists and physicians could be so myopic and
backwards in the area of public morals and ethics? It remains a great
mystery.
South
Dakota Codified Laws § 36-11-70 allows pharmacists the
right to refuse to provide services.
Tennessee
Code Ann. 68-34-104 allows physicians or any agent of
such an entity to refuse to offer contraceptive services, supplies,
or information if it interferes with a moral or religious belief.
States that physicians or other agents may not be held liable for
this refusal.
On June 1, 2006 the Washington Board of Pharmacy approved proposed
rule language regarding a pharmacist’s
responsibilities in dispensing a lawful prescription. This
language would amend Washington
Admin. Code 246-863-095 to prohibit a pharmacist
from delegating the decision not to dispense prescriptions for any
reason. The board will address this tentatively at a meeting on 11
December 2006.
2006-07 Legislation
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PHARMACIST CONSCIENCE CLAUSES
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AL
HB
609
Rep. McClurkin
|
Would give health care providers, health care institutions, and
health care payers the authority to refuse to perform or to
participate in health care services that violate their conscience
and would provide immunity from discrimination based on and
liability for such refusal. Although a general refusal
clause, the bill defines "health care provider" to
include pharmacists.
(Filed and referred to committee
2/9/06; did not pass by end of 2006
regular session)
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CA
AB
2583
Rep.
Nation
|
Would require the State Board of Pharmacy to create and
provide a sign informing a patient of his or her right to timely
access to a prescribed drug or device that a licensed pharmacist
has refused to dispense based on ethical, moral, or religious
grounds. The bill would require pharmacists authorized to
make such a refusal, or their employers, to visibly place the sign
at or near the entrance of the business.
(Filed and
referred to committee 2/24/06; passed House
47y-31n, 5/25/06; passed Senate
24y-15n, 8/17/06; signed into law by governor
as Ch.
487, 9/26/06)
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GA
HB
566
Rep. Loudermilk
|
Would allow any employee of the agencies engaged in the
administration of this chapter to refuse to accept the duty of
offering family-planning services to the extent that such duty is
contrary to such employee´s personal religious
beliefs; would provide that such refusal not be grounds for
any disciplinary action, for dismissal, for any interdepartmental
transfer, for any other discrimination in employment, for
suspension from employment, or for any loss in pay or other
benefits. Would authorize the directors or supervisors of
such agencies to reassign the duties of any such employees in
order to carry out this chapter effectively. Would only
apply to state employees.
(Filed and referred to
committee 2/18/05; carried over from 2005 regular session;
did not pass by end of 2006 regular
session)
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GA
SB
123
Sen. Whitehead
|
Would allow a pharmacist who states in writing an
objection to any abortion to be exempt from filling a prescription
for a drug if the pharmacist believes the drug would have the
effect or possible effect of terminating a pregnancy.
(Filed
and referred to committee 2/7/05; passed
Senate 3/2/06; did not pass House
by end of 2006 regular session)
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IL
HB
4230
Rep. Granberg
|
Would amend the Pharmacy Practice Act of 1987. Would
provide that a pharmacist licensed under the Act may, based on his
or her personal religious beliefs, refuse to fill a prescription
for and to dispense emergency contraception.
(Filed and
referred to committee 12/5/05; re-referred to committee 1/4/06)
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IL
HB
4246
Rep. Stephens
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Would amend the Pharmacy Practice Act of 1987. Would
provide that a pharmacist licensed under the Act may, based on his
or her personal religious beliefs, refuse to fill a prescription
for and to dispense emergency contraception.
(Filed and
referred to committee 12/12/05; re-referred to committee
1/4/06)
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IL
HB 4346
Rep.
Granberg
|
Would amend the Pharmacy Practice Act of 1987. Would
provide that a pharmacist licensed under the Act may, based on his
or her personal religious beliefes, refuse to fill a prescription
for and to dispense emergency contraception.
(Filed and
referred to committee 1/3/06; first reading and referred to
committee 1/4/06; reassigned to committee 3/3/06)
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IL
HB
4786
Rep. Stephens
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Would amend the Pharmacy Practice Act of 1987 to provide
that a pharmacist licensed under the Act may, based on his or her
personal religious beliefs, refuse to fill a prescription for and
to dispense emergency contraception. Amends the Health Care
Right of Conscience Act to add the dispensation of prescribed
medication to the list of activities included in the definition of
"health care", adds pharmacist to the list of
occupations included in the definition of "health care
personnel", and adds pharmacy to the list of facilities
included in the definition of "health care facility".
(Filed
and referred to committee 1/18/06)
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IL
SB
2343
Sen. Brady
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Would amend the Pharmacy Practice Act of 1987 to provide
that a pharmacist licensed under the Act may, based on his or her
personal religious beliefs, refuse to fill a prescription for and
to dispense emergency contraception. Amends the Health Care
Right of Conscience Act to add the dispensation of prescribed
medication to the list of activities included in the definition of
"health care", adds pharmacist to the list of
occupations included in the definition of "health care
personnel", and adds pharmacy to the list of facilities
included in the definition of "health care facility".
(Filed
and referred to committee 1/12/06)
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IN
SB
4
Sen. Drozda
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Would provide that a person may not be required, as a condition
of training, employment, pay, promotion, or privileges, to
dispense a medical device or drug that may result in an abortion
or a birth control device or medication.
(Filed and
referred to committee 1/9/06; did not pass
by end of 2006 regular session)
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MI
HB
4741
Rep. Palmer
SB
938
Sen. George
|
Would provide standards for personnel policies to protect and
accommodate the right of conscience of health care providers who
conscientiously object to providing or participating in certain
health care services under certain circumstances; would provide
for protection from certain liability; would provide for penalties
and remedies.
(HB 4741 filed and referred to
committee 5/5/05; SB 938 filed and referred to
committee 12/13/05; carried over from 2005 regular session)
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MI
HB
5978
Rep. Gonzales
|
Would prohibit a pharmacist from refusing to dispense or
transfer a prescription based solely on his or her ethical, moral,
or religious beliefs.
(Filed and referred to committee
4/25/06)
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MN
HF
2597
Rep. Emmer
SF
2430
Sen. Wergin
|
Would authorize pharmacists to refuse to dispense medication
that they find morally objectionable.
(Filed and referred
to committee 3/1/06; did not pass by end
of 2006 regular session)
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MN
HF
3032
Rep. Emmer
SF
2647
Sen. Kiscaden
|
Would prohibit pharmacists from refusing to dispense a
prescription drug or device except under certain
circumstances.
(Filed and referred to committee 3/1/06; did
not pass by end of 2006 regular session)
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MN
HF
3104
Rep. Goodwin
SF
3277
Sen. Lourey
|
Would require the Board of Pharmacy to investigate and
take appropriate discipline against a registered pharmacy if
pharmacy employees fail to compound or dispense a drug that is
medically appropriate for the patient for which it was prescribed,
and the patient is denied a drug that may reasonably be expected
to be compounded or dispensed in pharmacies by pharmacists.
(Filed and referred to committee 3/2/06; did
not pass by end of 2006 regular session)
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MN
HF
3560
Rep. Goodwin
SF
3242
Sen. Lourey
|
Would prohibit pharmacists from refusing to dispense a
prescription drug or device except under certain
circumstances.
(Filed and referred to committee 3/15/06;
did not pass by end of 2006 regular
session)
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MO
HB
1539
Rep. Stevenson
|
Would establish the Health Care Rights of Conscience Act to
protect the religious, moral, or ethical principles held by a
health care provider, health care institution, or health care
payer. Specifies that a health care provider is not
required to participate in a health care service that violates his
or her conscience and will not be held liable for or descriminated
against for refusing to provide a health care service.
Although a general refusal clause, the bill defines "health
care provider" to include pharmacists.
(Filed and
referred to committee 2/2/06; favorable committee report 3/8/06;
did not pass by end of 2006 regular
session)
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|
MO
SB
609
Sen. Crowell
|
Would protect the conscience rights of pharmaceutical
professionals, who shall not be required to perform, assist,
recommend, refer for, or participate in any service involving a
particular drug or device that they have a good faith belief is
used for abortions. In these instances, the pharmaceutical
professional shall be immune from civil or criminal liability and
will not have their license suspended or revoked. Would
provide that employers cannot refuse to hire, discriminate
against, segregate, or terminate a pharmaceutical professional
because of their opposition to any service involving a particular
drug or device that they have a good faith belief is used for
abortions.
(Filed and referred to committee 1/4/06;
committee hearing conducted 2/13/06; did not pass
by end of 2006 regular session)
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NH
HB
1492
Rep. Hunter
|
Would grant immunity from liability to pharmacists who
refuse to dispense an emergency contraceptive pill.
(Filed
and referred to committee 1/4/06; public hearing set for
2/14/06; did not pass by end of 2006
regular session)
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NH
SB
343
Sen. Letourneau
|
Would establish a pharmacist conscience clause which shields
pharmacists refusing to fill emergency contraceptive prescriptions
from civil liability and disciplinary action by the pharmacy
board.
(Filed and referred to committee 1/4/06; did
not pass by end of 2006 regular session)
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NJ
AB
992
Rep. Stender
S
1195
Sen. Madden
|
Would prohibit pharmacists from refusing to dispense medication
solely for philosophical, moral or religious reasons.
(AB
992 filed and referred to committee 1/10/06; added as a substitute
to S 1195 10/19/06)
(S 1195 filed and referred to committee
1/30/06; passed Senate 31y-6n, 6/26/06;
to Assembly 2nd reading 10/19/06)
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NY
A
9536
Rep. Seminario
|
Would give complete and effective civil rights protection to
health and human services workers who have conscientious
objections to morally offensive medical procedures and policies,
including pharmacists who provide contraception.
(Filed and
referred to committee 1/17/06)
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NY
S
1873
Sen. Maltese
|
Would allow any individual to refuse to provide assistance or
information, or refuse to refer a person for such assistance or
information, when providing a person with any form of assistance
of information about contraception or contraceptive devices would
be contrary to the conscience or religious beliefs of that
individual; would prohibit discrimination by any public
or private human services or health care agency, hospital, person,
firm, corporation or association against the person so refusing to
act.
(Filed and referred to committee 2/4/05; carried
over from 2005 regular session; refiled and referred to committee
1/4/06)
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NY
S
5994
Sen. Schneiderman
|
Would prohibit pharmacists from refusing to dispense medication
solely for philosophical, moral, or religious reasons.
(Filed and
referred to committee 10/12/05; carried over from 2005 regular
session; reassigned to committee 1/4/06)
|
|
NY
S
7361
Sen. Duane
|
Would establish duties for pharmacies when pharmacists employed
by such pharmacyrefuse to fill prescriptions on the basis of
personal beliefs and would require a pharmacy to ensure the
prescription is filled by another pharmacist.
(Filed and
referred to committee 4/19/06)
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NC
HB
1407
Rep. Barnhart
|
Would allow a pharmacist who states an objection to
abortion on moral, ethical, or religious grounds, to refuse to
prescribe or dispense drugs or devices that result in an abortion;
such refusal would not be a basis for damages or for any
disciplinary or any other recriminatory action against the
pharmacist.
(Filed and referred to committee 4/20/05;
carried over from 2005 regular session; did not pass
by end of 2006 regular session)
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|
OK
HB 2884
Rep. Steele
|
Would authorize a pharmacist's refusal to dispense
medication.
(Filed and referred to committee 2/6/06; passed
House 64y-34n, 3/14/06; did not pass
Senate by end of 2006 regular session)
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PA
HB
2311
Rep. Kirkland
|
Would make it illegal for any
pharmacist to refuse to dispense or refill a prescription
solely on the grounds that dispensing or refilling the
prescription would contravene the pharmacist's philosophical,
moral or religious beliefs.
(Filed and referred to
committee 12/7/05; carried over from 2005 regular session)
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|
PA
HB
2217
Rep. Frankel
|
Would establish certain duties for pharmacies when pharmacists
employed by the pharmacies refuse to fill valid prescriptions for
drugs or devices on the basis of personal beliefs.
(Filed
and referred to committee 11/14/05; carried over from 2005 regular
session)
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PA
SB
1089
Sen. Williams
|
Would establish certain duties for
pharmacies when pharmacists employed by the pharmacies refuse
to fill valid prescriptions for drugs or devices on the basis of
personal beliefs.
(Filed and referred to committee 3/16/06)
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|
RI
HB
5085
Rep. Corvese
|
Would provide protection from discrimination to all health care
providers who chose not to participate in a health care service
that violates the conscience of the health care provider. The act
would also provide a civil cause of action for damages in
instances of violations of this act.
(Filed and referred to
committee 1/13/05; carried over from 2005 regular session; did
not pass by end of 2006 regular session)
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|
RI
HB
6793
Rep. Corvese
SB
2804
Sen. Alves
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Would provide protection from discrimination to all health care
providers, including pharmacists, who choose not to participate in
a health care service that violates the conscience of the health
care provider.
(HB 6793 filed and referred to committee
1/17/06; SB 2804 filed and referred to committee 2/14/06; did
not pass by end of 2006 regular session)
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SD
HB
1184
Rep. Van Etten
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Would allow health care providers, including pharmacists, and
institutions to refuse to participate in certain health care
services if those services violate the conscience of the health
care provider; would provide protection from discrimination
and administrative and civil liability.
(Filed and referred
to committee 1/23/06; did not pass House
2/6/06; reconsideration failed 2/7/06)
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TN
HB
1383
Rep. Casada
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Concerns pharmacy and pharmacists; enacts the "Pharmacist's
Freedom of Conscience Act."
(Filed and referred to
committee 2/9/05; carried over from 2005 regular session; did
not pass by end of 2006 regular session)
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TN
SB
76
Sen. Finney
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Concerns pharmacy and pharmacists; enacts the "Pharmacist's
Freedom of Conscience Act."
(Filed and referred to
committee 1/13/05; carried over from 2005 regular session; did
not pass by end of 2006 regular session)
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VT
HB
183
Rep. Donahue
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Would respect and protect the fundamental rights of conscience
of all individuals who provide health care services.
(Filed
and referred to committee 2/8/05; carried over from 2005 regular
session; did not pass by end of 2006
regular session)
|
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WA
HB
1654
Rep. Ahern
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Would ensure health care provider and insurer right of
conscience.
(Filed and referred to committee 2/1/05;
carried over from 2005 regular session and reintroduced 1/9/06;
did not pass by end of 2006 regular
session)
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WA
SB
5851
Sen. Mulliken
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Would ensure health care provider and insurer right of
conscience.
(Filed and referred to committee 2/10/05;
carried over from 2005 regular session and reintroduced 1/9/06;
did not pass by end of 2006 regular session)
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WV
HB
2042
Rep. Schoen
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Would allow pharmacists and other individuals involved in
dispensing medicines to refuse to fill prescriptions or dispense
any substance that can be used as part of an abortion-related
procedure.
(Filed and referred to committee 1/11/06; did
not pass by end of 2006 regular session)
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WV
HB
2807
Rep. Hatfield
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Would prohibit pharmacists and other persons involved in
dispensing medicines from refusing to fill prescriptions.
(Filed
and referred to committee 1/11/06; did not pass
by end of 2006 regular session)
|
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WV
HB
3030
Rep. Houston
|
Would provide that health care providers (including
pharmacists), health care institutions, or health care payers are
not required to participate in abortion procedures that violate
their respective consciences.
(Filed and referred to
committee 1/11/06; did not pass by end of
2006 regular session)
|
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WV
HB
4449
Rep. Houston
SB
447
Sen. Sprouse
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Would provide that health care providers (including
pharmacists), health care institutions, or health care payers are
not required to participate in abortion procedures that violate
their respective consciences.
(Filed and referred to
committee 2/7/06; did not pass by end of
2006 regular session)
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WV
HB
4644
Rep. Kiss
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Would provide that pharmacists may exercise moral
discretion without legal consequence to refuse to fill a
prescription for "the morning after pill."
(Filed
and referred to committee 2/20/06; did not pass
by end of 2006 regular session)
|
|
WV
SB
29
Sen. Weeks
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Would allow pharmacists and others to refuse to dispense
abortion-related prescriptions.
(Filed and referred to
committee 1/11/06; did not pass by end of
2006 regular session)
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WV
SB
673
Sen. Barnes
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Would give pharmacists the right to refuse to provide
services.
(Filed and referred to committee 3/21/05; carried
over from 2005 regular session; did not pass
by end of 2006 regular session)
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WI
AB
285
Rep. Owens
|
[see top of page for latest WI legislation regarding Rights of
Conscience]
Would provide that a pharmacist's refusal to dispense a
prescribed drug or device because he or she believes that the drug
or device would be used for a purpose described above may not be
the basis for a claim for damages against the pharmacist or the
pharmacist's pharmacy. Also, such a refusal may not be the
basis for disciplinary action.
(Filed and referred to
committee 4/4/05; carried over from 2005 regular session; did
not pass by end of 2006 regular session)
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WI
SB
155
Sen. Reynolds
|
[see top of page for latest WI legislation regarding Rights of
Conscience]
Would relate to employment discrimination based on creed and
exemption from liability and discipline for pharmacists who refuse
to dispense for abortions, assisted suicides, and euthanasia;
would provide that a pharmacist's refusal to dispense a prescribed
drug or device because he or she believes that the drug or device
would be used for a purpose described above may not be the basis
for a claim for damages against the pharmacist or the pharmacist's
pharmacy.
(Filed and referred to committee 4/1/05; carried
over from 2005 regular session; did not pass
by end of 2006 regular session)
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Walgreens sent this memo out to their pharmacists. The names
from the memo are removed in order to protect the people who will be
terribly ashamed of themselves later, for ignoring existing Illinois
Law, and disrespecting the Profession of Pharmacy. Please understand
that any pharmacist who leaves Walgreens may feel very free to
release the names attached to this memo at a later date.
Pharmacists for Life International requests that Walgreens
rescind this memo, and inform the governor of Illinois that his edict
is in violation of existing Illinois law.
Sent: Friday- April Fools Day, 2005
Subject: IMPORTANT: NEW
LAW
Please communicate this to your staff.
Governor Blagojevich has signed the below emergency rule regarding
dispensing contraceptives by pharmacies within the state of Illinois.
This rule is effective immediately.
This rule supercedes company policy regarding the "Pharmacist
Conscience Clause". Pharmacists that violate the below rule will
be making their Illinois pharmacist's license vulnerable to
discipline. Please reinforce with your pharmacists the importance of
strict adherence to ALL Illinois pharmacy rules and regulations.
A copy of this rule lhas been forwarded by Mr. ______ to all
Illinois Pharmacy Department Managers.
ILLINOIS REGISTER
DEPARTMENT OF FINANCIAL AND PROFESSIONAL
REGULATION
NOTICE OF EMERGENCY AMENDMENT
Duty of Division I Pharmacy to Dispense Contraceptives
1) Upon receipt of a valid, lawful presccription for a
contraceptive, a pharmacy must dispense the contraceptive, or a
suitable alternative permitted by the prescriber., to the patient or
the patient's agent without delay. If the contraceptive, or a
suitable alternative, is not in stock, the pharmacy must obtain the
contraceptive under the pharmacy's standard procedures for ordering
contracceptive drugs not in stock, including the procedures of any
entitiy that is affiliated, owns, or franchises the pharmacy. However
if the patient prefers, the prescription must either be transferred
to a local pharmcy of the patient's choice, or returned to the
patient as the patient directs.
2) For the purposes this subsection
(j.), the term "contraceptive" shall refer to all
FDA-approved drugs or devices that prevent pregnancy.
From Francis J. Manion, Senior Counsel with
American Center for Law and Justice.
For Illinois
pharmacists to present to their employers:
****************************************************************
NOTICE TO EMPLOYERS
As you are aware, on Friday, April 1, 2005, Governor Blagojevich
signed an Emergency Amendment entitled “Duty of Division I
Pharmacy to Dispense Contraceptives.”
This Emergency Amendment is in direct conflict with the Illinois
Health Care Right of Conscience Act, § 745 ILCS 70/1 et seq.
which protects the right of pharmacists to refuse to “receive,
obtain, accept, perform, counsel, suggest, recommend, refer, assist,
or participate in any way in any forms of health care services
contrary to his or her conscience.” § 745 ILCS 70/7.
(“Health care personnel” protected by the Act include
“professional, paraprofessional, or any other person who
furnishes, or assists in the furnishing of health care services.”
§ 745 ILCS 70/3(c)).
It is a fundamental principle of law that an administrative
regulation that conflicts with a statute is null and void. See
Schilling v. Book, 84 Ill. App. 3d 972, 405 N.E. 2d 824 (1980).
The Emergency Amendment also conflicts with both the Illinois
Human Rights Act, § 775 ILCS 5 and federal Title VII, 42 U. S.
C. § 2000e(j), both of which impose upon employers the
obligation to attempt a “reasonable accommodation” of an
employee’s religious observance or practice. Since the
Emergency Amendment makes no allowance for such accommodations in the
case of pharmacists who may have religious objections to dispensing
certain contraceptives covered by the Amendment, the Amendment is
unlawful.
Please Take Notice that any employer in the State of Illinois who
subjects any pharmacist or other employee to any form of discipline,
discrimination, or other adverse employment action because of this
Emergency Amendment, may be subject to liability under the Health
Care Right of Conscience Act, the Illinois Human Rights Act and/or
Title VII for actual damages (treble damages, under § 745 ILCS
70/12), punitive damages, attorney’s fees and costs.
Sent: Saturday, April 23, 2005 3:48 PM
Subject: RED ALERT! Law
Suit Protects Pharmacist's Right of Conscience
In response to Illinois Governor Rod "Slobodan"
Blagojevich's order to force pharmacists to dispense the morning
after pill, lawsuits have been filed to seek a restraining order.
The restraining order was not granted, however the attorney
general of the state announced that there are no plans to enforce the
governor's order. The governor is seeking to have his
order made into law.
In addition to the promised lawsuits, there will also be free,
international advertising concerning which company's
pharmacists are obligate abortionists, and which are not.
Please read the statement from Paul Caprio of Family-PAC below.
It is meant to be seen by the public, so please disseminate it
widely.
Illinois Pharmacists are being invited to join in the existing,
and new legal actions in Illinois. The assistance of a
number of public-interest law firms is available.
Information and contacts can be obtained through Pharmacists
for Life International, http://www.pfli.org , which will
assist any pharmacist who desires to avoid purposely killing
humans in his practice.
KB
Karen L. Brauer M.S., R.Ph.
Pharmacists for Life International
kbrauer@pfli.org
http://www.pfli.org
Law Suit Protects Pharmacists Right of Conscience
As result of legal action financed in part by the One Nation Under
God Foundation Rev. Bob Vanden Bosch, President and Paul Caprio,
Director, David Scimio, a pro-life Lake County pharmacist, has
reached an out of court settlement with Albertson (parent company of
Jewel-Osco). The settlement protects his right of conscience.
Said Paul Caprio “Although our motion to obtain a Temporary
Restraining Order was denied in Cook County Friday, we’re very
glad to hear of the out of court settlement of this case earlier in
the day by Albertson’s. We’re also delighted to learn
that the Asst. Attorney General stated in Court on Friday that there
are no plans to enforce the Governor’s “emergency”
order at this time.
Caprio continued, “Progress is being made, however, we will
remain vigilant as the crisis is not over. Anyone who attempts to
take away the right of conscience of any Illinois pharmacist will be
sued immediately.”
Be not afraid… the Lord is with you.
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