Protection of Conscience Project
Protection of Conscience Project
Service, not Servitude

Service, not Servitude

Pharmacist appeals Wisconsin Pharmacy Examining Board's Final Disciplinary Decision



4 November, 2005

William Goodman

Neil Noesen, the Wisconsin pharmacist disciplined earlier this year by the Wisconsin State Pharmacy Examining Board has filed an opposing brief November 1st in Barron County Circuit Court.

The brief argues that Noesen fulfilled the standard of care in his fair disclosure to his employer and in his professional service to the patient's health, safety, and well-being. Furthermore, it is argued that Board's standard of care is unconstitutional and that the Board made a critical omission of law in failing to prudently examine Wisconsin State Statute Chapter 941.

In July 2002, Noesen conscientiously objected to cooperate with the filling of an order for a patient to use Loestrin FE 1/20 as a contraceptive agent. The Board admits that Loestrin FE 1/20 may decrease the likelihood of implantation.

Implantation is when an embryo bonds to the endometrium, the wall of the uterus.

Noesen states in this new brief that this decreased likelihood of implantation constitutes unlawful reckless endangerment of the safety of an unborn child, "under circumstances which show utter disregard for human life" according to Wisconsin Stat. ยง 941.30(1).

"The standard of care set forth by the Board is not in accordance with the timeless philosophy of our profession to care for the sick and the suffering. As privileged servants to the health of the public we have a duty to defend the values that ennoble man." Noesen states.

The State Attorney General's office will have until December 1, 2005 to reply to Noesen's appeal.

Contact: William Goodman Phone: (715) 341-4034