About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

22 J. Contemp. Health L. & Pol'y 349 (2005-2006)
An Essential Prescription: Why Pharmacist-Inclusive Conscience Clauses Are Necessary

handle is hein.journals/jchlp22 and id is 357 raw text is: AN ESSENTIAL PRESCRIPTION: WHY PHARMACIST-INCLUSIVE CONSCIENCE CLAUSES ARE NECESSARY Brian P. Knestoutl Four states, Arkansas, Georgia, Mississippi and South Dakota, have enacted statutes specifically protecting pharmacists from liability for refusing to fill birth control pill or emergency contraception pill (ECP) prescriptions.2 At least 14 other states have considered, or are considering, similar legislation.3 These pharmacist-specific statutes are closely related to existing conscience clause4 statutes, passed in 46 states, which protect medical professionals who do not wish to perform or assist in procedures related to abortion, sterilization, or euthanasia.5 1. J.D. candidate, 2006, The Catholic University of America, Columbus School of Law; B.A., B.A. 1991, Villanova University, Villanova Pa.; M.A. 1995, University of Delaware. The author would like to thank Prof. George P. Smith, II for his help in conceiving and executing this Comment. The author also wishes to thank his wife, Catherine Tramontana, his daughter, Teresa, and his son, Luke, for their forgiveness of his absences on so many nights and weekends. 2. See ARK. CODE ANN. §20-16-304(4) (2005); id. §20-16-601(a) (2005); GA. COMP. R. & REGS. R. 480-5-.03(n) (2001); MISS. CODE ANN. § 41-107-3(b), -5(1) (2004); S.D. CODIFIED LAWS §36-11-70 (2003). 3. Tresa Baldas, Fighting Refusal to Treat 'Conscience' Clauses Hit the Courts, NAT'L L. J., Feb. 7, 2005, at 1, 1; National Conference of State Legislatures, Pharmacist Conscience Clauses: Laws and Legislation, http://www.ncsl.org/programs/health/ conscienceclauses.htm (last visited Aug. 1, 2006). 4. Depending on the political spectrum of the individual, the phrase conscience clause is a debatable point in itself; those who find such statutes problematic often refer to them as refusal clauses. Since a large portion of the legal literature uses the term conscience clause, this paper will refer to such clauses with that terminology. 5. For a comprehensive review of state conscience clause statutes, see Lynn D. Wardle, Protecting the Rights of Conscience of Health Care Providers, 14 J. LEGAL MED. 177 (1993).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most