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Introduction

Welcome to pfli.org, the only website serving the profession of pharmacy as a totally 100% pro-life philosophy! All the pro-life pharmacy news and information that is fit to print and that the "drive-by" pharmacy media choose to ignore or misreport.

"The Pharmacists for Life International site, for example, in addition to having an incredibly sophisticated web design...." --radically bigoted and intolerant abortoholic website, "Feministing", accessed 16 Jun 2008 AD...thanks, girls!

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308,000,000 estimated deaths since Roe v Wade and Doe v Bolton
Estimated killed by all means: chemical, mechanical and surgical abortion since 1973

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            "It is not possible to anesthetize the conscience, for example, when it comes to molecules whose aim is to stop an embryo implanting or to cut short someone's life... I invite your federation [of pharmacists] to consider conscientious objection which is a right that must be recognized for your profession so you can avoid collaborating, directly or indirectly, in the supply of products which have clearly immoral aims, for example abortion or euthanasia..." -- Pope Benedict XVI, address to Catholic Pharmacists, 29 Oct 2007 AD        || "Conscience has rights because it has duties..." --John Cardinal Henry Newman..        || Embryology of the new human being confirms humanity of the preborn....        || Basic primer on genetics, cloning and other manipulations of molecular genetics....        || Told ya so: FDA & Plan B manufacturer Barr admit it's an abortifacient....        || From the Clinton Library & Massage Parlor: Mifepristone [Mifeprex] approval was paramount for Der Schlieckmeister and his admin as payback to the Abortion Industrial Complex....        || PP's Racism in Action with LA Advocate's expose' videos...        || Klan Parenthood's Report: $1+ Bill in revenues, $114 Mill PROFIT....290,000 killed by surgery....1.4+ Mill killed by chemical abortion        || PFLI exclusive expose of FDA MedWatch program failures, deaths from abortifacient OCs (9.4Mb)        || Human Life International has documented more than 8,519 acts of violence        || JAMA article: patients' own stem cells provide diabetes treatment, no patients KILLED!...        || Hippocratic Oath makes a comeback; register now...        || Pres. Barrie Hussein's record against the IL Born Alive Infants Protection Act        || Pres. Barrie Hussein's abortoholic record since assuming office 1/20/09...        || Women have the right to know there are two breast cancer risks associated with abortion. All experts recognize first risk- that abortion denies women an opportunity to reduce their risk for breast cancer through childbearing. Scientists only debate the second risk - known as the "independent link."...        || Eight medical organizations and a bioethics journal recognize the independent link - that abortion leaves a woman with more cancer-vulnerable cells than she had before she became pregnant. An additional medical group, the Association of American Physicians and Surgeons, has called for "full disclosure" of a "highly plausible" relationship between abortion and the disease...        || Overwhelming evidence of a cause-effect relationship is supported by... 1. A biological explanation which scientists have been unable to disprove and do not challenge. 2. A study on rats. 3. Epidemiological research...        || Scientists began extensive research on the abortion-breast cancer link in 1957. Why didnít the government and cancer fundraising businesses want women to know about the existence of this research? If they cared about womenís health, they would have revealed their research to the public...        || According to the "Annual Report to the Nation on the Status of Cancer (1973-1998)," published in the Journal of the National Cancer Institute in 2001, only the youngest of three generations - the Roe v. Wade generation - suffered a more than 40% increase in breast cancer cases since the mid-1980s. These were women young enough to have had access to legal abortions starting in 1973. The increase in breast cancer rates didnít take place among women from the two older generations that couldnít obtain legal abortions...        || The U.S. National Cancer Institute, the American Cancer Society, and the U.S. Centers for Disease Control and Prevention collaborated on the report. Two of the reportís authors had conducted earlier research showing that abortion increases breast cancer risk, but that research and the word "abortion" were omitted from the report. The reportís authors expressed no interest whatsoever in preventing breast cancer. [Howe et al. Jrnl Natl Cancer Inst (June 6, 2001) Vol. 93, No. 11, Figure 3]...        || Two American women have succeeded in prosecuting their medical malpractice lawsuits against abortion doctors, who failed to warn them about the risks of breast cancer and emotional damage. Neither of the women has yet developed breast cancer...        || Post-abortive women are being deprived of a window of opportunity to adopt strategies to reduce their risk for breast cancer, seek early detection, and join clinical trials. Theyíre denying abortion-bound adolescents and young women their rights to make informed choices about their health care... ||


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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
youour 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

PHARMACIST CONSCIENCE CLAUSES

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)

CA
AB 2583New item
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)

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)

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)

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)

IL
HB 4246
Rep. Stephens

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)

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)

IL
HB 4786
Rep. Stephens

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)

IL
SB 2343
Sen. Brady

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)

IN
SB 4
Sen. Drozda

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

RI
HB 6793
Rep. Corvese
SB 2804
Sen. Alves

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)

SD
HB 1184
Rep. Van Etten

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)

TN
HB 1383
Rep. Casada

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)

TN
SB 76
Sen. Finney

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)

VT
HB 183
Rep. Donahue

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)

WA
HB 1654
Rep. Ahern

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)

WA
SB 5851
Sen. Mulliken

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)

WV
HB 2042
Rep. Schoen

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)

WV
HB 2807
Rep. Hatfield

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)

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)

WV 
HB 4449
Rep. Houston
SB 447
Sen. Sprouse

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)

WV 
HB 4644
Rep. Kiss

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

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)

WV
SB 673
Sen. Barnes

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)

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)

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)

 




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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