Pharmacist Sanctioned For Refusing To Fill, Transfer Contraceptive Prescription Appeals To Wis. Supreme Court

Main Category: Pharmacy / Pharmacist
Also Included In: Litigation / Medical Malpractice;  Women's Health / Gynecology;  Sexual Health / STDs
Article Date: 28 Apr 2008 - 7:00 PDT

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A Wisconsin pharmacist who was sanctioned because of his refusal to refill or transfer a woman's oral contraceptive prescription filed an appeal on Wednesday with the state Supreme Court, the AP/St. Paul Pioneer Press reports (AP/St. Paul Pioneer Press, 4/23).

The pharmacist, Neil Noesen, in July 2002 first refused to fill university student Amanda Phiede's oral contraceptive prescription while he was working as a substitute pharmacist at a Kmart pharmacy in Menomonie, Wis. The Kmart pharmacist also refused to provide information about where she could get the prescription filled. When Phiede later attempted to refill the prescription at Wal-Mart, the pharmacist contacted Noesen, who refused to allow the prescription to be transferred, saying again that artificial contraception is against his personal beliefs. Noesen continued to refuse to fill the prescription even after two police officers and the Kmart assistant manager spoke with him. The police took no further action, and the managing pharmacist filled Phiede's prescription.

The state Pharmacy Examining Board in 2005 reprimanded Noesen and limited his license. Under the reprimand, Noesen has to prepare written notices five days before beginning work at a pharmacy, specifying which practices he will not perform and the steps he will take to ensure that customers have access to the necessary medications. In addition, the board required that Noesen attend ethics courses and pay court costs, which are estimated to be about $20,000. Barron County, Wis., Circuit Judge James Babler in 2006 validated the reprimand, and a three-judge panel of the state 3rd District Court of Appeals last month upheld the decision (Daily Women's Health Policy Report, 3/26).

Noesen claims the sanctions violated his constitutional rights. Paul Linton, Noesen's attorney, said Noesen was sanctioned for not compromising his "deeply help beliefs." Linton added, "Being tolerant of what others believe is the definition of a free society." According to the AP/Pioneer Press, Planned Parenthood of Wisconsin has hailed the lower court rulings as important for women's access to reproductive health care (AP/St. Paul Pioneer Press, 4/23).

Montana Board Hears Comments on Pharmacists' Refusal to Fill Contraceptive Prescriptions

In related news, the Montana Board of Pharmacy took no action on Wednesday after it heard comments about pharmacists refusing to dispense contraception because of religious beliefs, the AP/Great Falls Tribune reports. There is no state rule or statute that requires pharmacies to stock all available drugs. Planned Parenthood of Montana requested the hearing following recent incidents in the state during which pharmacists have refused to fill patients' prescriptions for birth control pills and emergency contraception. Stacey Anderson, director of public affairs for PPM, urged board members to establish a rule to "prevent future personal refusals and to clearly define the standard of care expected of licensed pharmacies."

Pharmacy board member Mark Meredith said that a decision on whether to implement new rules should be left to the state Legislature. Jeff Laszloffy, president and CEO of the Montana Family Foundation, told the board that elected officials should be responsible for making decisions about such "gut-wrenching moral and ethical issues." Laszloffy added that PPM is asking the board to "place government squarely between a pharmacist and God" (Oyan, AP/Great Falls Tribune, 4/23).

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