Statement of Neil Noesen, pharmD (cand.)
20 November, 2003

In July, 2002 I was working as an independent contracting pharmacist at a community pharmacy in Menomonie, WI..  On July 6, 2002, I made a conscientious objection to participation in refilling a contraceptive order and also in transferring that same contraceptive order to another pharmacy.  On July 7, 2002, two police officers accompanied the same patient to the pharmacy but did not take any action other than requesting my current mailing address.  I again refused participation in aiding that patient to obtain her hormonal contraceptive.

In a letter dated October 2, 2002, the Wisconsin Pharmacy Examining Board's Final Decision and Order detailed a reprimand, a $250 forfeiture, $300 in costs, and an order that "if the Board determines that there is probable cause to believe that respondent has violated any term of this Final Decision and Order, the Board may order that the license of respondent be summarily suspended pending investigation of the alleged violation."

On December 18, 2003, with the help of my attorney Frank Manion of the American Center for Law and Justice we will be contesting the Wisconsin Pharmacy Examining Board's charges of unprofessional conduct.

Note:
In March, 2003, Noesen was one of two pharmacists who testified in support of SB63 before the Assembly Labour Committee of the Wisconsin Assembly.  The bill would protect pharmacists from this kind of intimidation and coercion. (Testimony of Pharmacist Noesen ;Testimony of Pharmacist Grosskreuz ).
 

Related Links
Testimony of Pharmacist Noesen

Examining Board Questions Conscience

Wisconsin Pharmacist Faces Charges

Pro-Life Wisconsin News Release
11 October, 2004

Pro-Life Wisconsinites turned out in support of pharmacist Neil Noesen at today's state Pharmacy Examining Board disciplinary hearing on Noesen's conscientious refusal to dispense abortion-causing drugs. The October 11th administrative law hearing focuses on charges of "unprofessional conduct" relating to Noesen's refusal in 2002 to refill a script for birth control pills at a K-Mart in Menomonie, Wisconsin.

"It's unconscionable that a health professional is being put through such a disrespectful ordeal because of his deeply held religious convictions," stated Peggy Hamill, state director of Pro-Life Wisconsin. "Not only is this an infringement on Neil Noesen's free exercise of religion, it will in the long run serve to aggravate the already acute shortage of qualified pharmacists by discouraging people of faith from entering the field."

The state of Wisconsin should not be in the business of compelling pharmacists to be party to abortion. The morning after pill and other hormonal birth control often act to cause early chemical abortion by preventing a newly conceived child from implanting in his or her mother's womb. Pharmacists must be free to exercise their conscience in the workplace.

"Noesen's case points to the critical need for passage of Pharmacist Conscience Clause legislation that would prohibit employment discrimination against pharmacists who conscientiously refuse to dispense drugs and devices they have reason to believe may cause abortion, assisted suicide or euthanasia," stated Matt Sande, legislative director of Pro-Life Wisconsin. Sande is in attendance at the hearing in support of Noesen.

"We need a commonsense extension of current law simply recognizing that employers cannot force pharmacists to directly participate in what they know to be the killing of another person," said Sande.

Wisconsin Pharmacist Faces Charges

Christian Legal Society News Release
October 11, 2004

Hearing Today on Charges Against Pharmacist
Who Declined to Fill Birth Control Prescription

MADISON, WI - The Wisconsin Pharmacy Examining Board will hear charges today against Neil Noesen, a Roman Catholic pharmacist who declined to fill a prescription for birth control pills.  The  Wisconsin Department of Regulation and Licensing charged Noesen with "engaging in a pharmacy practice which constitutes a danger to  the health, welfare or safety of a patient."  Christian Legal Society's Center for Law & Religious Freedom is participating in Noesen's defense at today's hearing in Madison. 

Neil Noesen is a licensed pharmacist practicing in the State of  Wisconsin and a devout Roman Catholic.  Early in 2002, Noesen began working as an independent contractor for RPh on the Go USA, Inc., a
pharmacist placement company.  RPh on the Go found Noesen a position as an interim pharmacist with the K-Mart Pharmacy in Menomonie, Wisconsin.  When he started the assignment, Noesen notified K-Mart's
Managing Pharmacist Ken Jordanby that he could not participate in filling contraception prescriptions without violating his religious beliefs.  K-Mart agreed that Noesen would not have to fill prescription orders for contraceptives, and Jordanby worked out an arrangement whereby he would process orders for contraceptives at the end of each day.

On Saturday, July 6, 2002, a patient requested a refill of her prescription for a birth control medication.  Noesen was the only pharmacist on duty that day.  Pursuant to his arrangement with Jordanby, Noesen informed the patient that his religious convictions prevented him from filling the prescription.  The patient called the K-Mart store manager, who told her that Jordanby would come in the next day and fill the prescription.  However, Jordanby did not appear, and Noesen was again unable to fill the prescription.  The
prescription was filled the next day.

The patient filed a complaint against Noesen with the Wisconsin Department of Regulation and Licensing on July 17, 2002.  Medical experts will testify at today's hearing that the delay in filling the  prescription in no way adversely affected the patient, who did not become pregnant.  On October 23, 2003, the Department notified Noesen that it had instituted disciplinary proceedings against him before the Pharmacy Examining Board.  The Department charged Noesen with engaging in a pharmacy practice "which constitutes a danger to the health welfare, or safety of patient or public," reasoning that Noesen's adherence to his religious conscience constitutes a threat to patients and the public.

"Noesen believes he cannot fill prescriptions for contraceptives without violating his duties before God.  The state should respect that, especially when a patient will not be harmed," said Center Director Gregory S. Baylor, Esq.

CLS Center Chief Litigation Counsel Steven H. Aden is assisting lead counsel Krystal Williams-Oby in Noesen's defense.  The Alliance Defense Fund is generously supporting the Center's work on this
case.

CONTACT:  GREGORY S. BAYLOR, at Christian Legal Society's Center for Law and Religious Freedom, 703-642-1070 x3502

Related Links
Statement of Neil Noesen

Examining Board Questions Conscience

Disciplinary Proceedings
Against Neil Noesen, RPH
Final Decision and Order

Pharmacist appeals Wisconsin
 Pharmacy Examining Board’s
 Final Disciplinary Decision

Neil Noesen v Department of
 Regulation and Licensing 
& Pharmacy Examining Board-
Appeal Brief