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 competent 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, Pharmacists for Life International (PFLI) provides essential resources and information for Pharmacists of Conscience who find themselves under legal, judicial, or employer-related pressure. These challenges may come from employers, coworkers, or cultural movements hostile to conscience rights.

While this is not intended to be legal counsel, it offers a practical starting point for pharmacists needing guidance as they navigate legal and ethical conflicts in the workplace.

Several contacts and organizations have expressed their willingness to support Pharmacists of Conscience. Please reach out to PFLI for further connections and legal direction.

Conscience Clause and Pro-Life Legislative Updates

Legislation & Conscience Clause

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
      

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.