Police Used to Intimidate Objecting Pharmacist
Menomonie, Wisconsin, USA 2002In 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.
[Administrator]
Pharmacy Examining Board questions conscience rights of
pharmacist
Wisconsin, USA (2004)
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 for following his conscience
Wisconsin, USA (2004)
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