In a mixed ruling, a Wisconsin appeals court has recognized a pharmacist's right to refuse to fill a birth-control prescription based on his religious beliefs. However, the 3rd Circuit Court of Appeals said patients should be referred to another pharmacy in such cases.
The Pharmacy Examining Board ruled in 2005 that Niel Noesen violated a professional standard of care when he refused to fill a patient’s prescription for oral contraception while working as a substitute pharmacist at a Kmart in 2002.
The court ruled that a pharmacy should accommodate a pharmacist’s religious beliefs, but a pharmacist is required to make sure patients have access to medication elsewhere.
Dawn Vargo, associate bioethics analyst for Focus on the Family Action, said it’s encouraging that the court recognized a right of conscience that’s not in state law.
"The Appellate Court's ruling was a really a mixed bag,” she said. “It's good in that it recognizes his right to not fill the prescription. But it's bad in that penalizes him for not referring the request to another pharmacy."
