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Protection of Conscience Project

www.consciencelaws.org

Service, not Servitude
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January-March, 2001

March

29 March, 2001
Ethics Committee Faulted

The Project has released a report concerning the conduct of the Ethics Advisory Committee of the College of Pharmacists of BC. The report is critical of the committee for having published unsubstantiated, prejudicial statements about conscientious objectors in the College newsletter.

24 March, 2001
Conference on Conscience in Health Care

An important conference will be held in Rome between 17 and 20 June. Speakers at The Future of Obstetrics and Gynaecology: The Fundamental Right to Practice and be Trained According to Conscience will include T. Everett Julyan, a General Practitioner from Glasgow, Scotland, who reported that he had been denied employment due to his opposition to abortion. The list of topics to be covered suggests that the conference will be of great interest to conscientious objectors. Registration is not restricted to Catholics, but it is limited.

University of Toronto Med School cited for unethical practice, coercion

A study to appear in the British Medical Journal is reported to include findings to the effect that almost half of the University of Toronto medical students surveyed had felt pressured to act unethically, and almost two thirds had seen their professors acting unethically. Examples cited included practising non-therapeutic procedures on dying patients.

Dr. Rick Frecker, associate dean of U of T's undergraduate medical education, was approached some years ago by students about what the National Post described as "the unethical activities and coercion that have long been part of medical training." It appears that the study being published is a result of his encouragement that they document what was going on. [National Post]

13 March, 2001
Cardinal Egan challenges New York's attack on freedom of conscience

Fulfilling a promise made in February, when he was appointed to the College of Cardinals, Edward Cardinal Egan went to Albany, New York, to argue against a proposed law that would force Catholic employers to give up the practice of their faith and conform to state views on contraception, something that the Catholic Church holds to be intrinsically evil. At issue is a bill in the New York State Assembly that would force employers to provide insurance coverage for contraception. A New York Senate bill includes a conscience clause that would exempt religious institutions from such a requirement. (See Commentary)

5 March, 2001
Kentucky Conscience Bill Passes

The Kentucky Senate passed bill SB 160, a bill that will provide legal protection of freedom of conscience for pharmacists who do not want to dispense drugs that can cause abortions. The vote in favour of the bill was 35-1. An amendment to provide the same protection with respect to the 'morning after pill' was defeated 27-11. The bill must proceed to the Kentucky House of Representatives, where House Bill 106 is already pending.

February

20 February, 2001
Protection for pharmacists sought in three U.S. states

In January, a bill was reintroduced in the Kentucky legislature that would exempt a pharmacist who objects to dispensing medications or devices that may terminate a pregnancy from liability; and prohibit discrimination against a pharmacist who objects to dispensing medications or devices that may terminate a pregnancy. (House Bill 106)

A bill introduced in Ohio would protect pharmacists who refuse to dispense any drug for religious or ethical reasons, thus preventing forced participation not only in abortion, but in euthanasia, assisted suicide, and other controversial procedures. The bill would also ensure that conscientious objection is not used as an excuse to cut off public funds. (HB71) Similar protection is afforded pharmacists in a bill proposed in the Indiana Senate (SB297), while a bill before the Indiana House of Representatives would protect conscientious objectors to abortion. (HB1631)

Bottom-line Ethics in Pharmacy Cash vs Conscience in British Columbia

Pharmacists in British Columbia, Canada, who refuse to dispense the 'morning after pill' for reasons of conscience risk disciplinary proceedings for violating 'professional ethics'. However, 'professional ethics' are not violated for refusing to dispense the drug because the fees are not high enough. (18 January, 2001)

19 February, 2001
Morning After Pill Spurs Call for Conscientious Objection

In view of the imminent distribution of the morning after pill in Spain, the President of the Spanish Association of Catholic Pharmacists, José Carlos Areses, has reminded pharmacists that the right to conscientious objection is protected by the country's constitution. He is suggesting that pharmacists adopt a code of ethics in order to ensure protection for freedom of conscience. [Zenit]

3 February, 2001
Belgian pharmacist refuses to dispense MAP, condoms

A Christian pharmacist in Belgium, Paul Vannes from Ruisbroek, has stopped selling condoms or morning-after pills after spending retreats at different abbeys and being convinced of the error of his ways. The Society of the Belgian Pharmacists is concerned about the development. Belgian law apparently provides for conscientious objection, but the extent of civil liability is unclear.

Belgian pharmacist refuses to dispense MAP, condoms

A Christian pharmacist in Belgium, Paul Vannes from Ruisbroek, has stopped selling condoms or morning-after pills after spending retreats at different abbeys and being convinced of the error of his ways. The Society of the Belgian Pharmacists is concerned about the development. Belgian law apparently provides for conscientious objection, but the extent of civil liability is unclear.

2 February, 2001
Canadian M.P. continues efforts

Member of Parliament Maurice Vellacott re-introduced his protection of conscience bill in the Canadian House of Commons. (text of bill)

January

24 January, 2001
Pharmacist gains in lawsuit for wrongful dismissal

A court has ruled that a pharmacist who was fired by K-Mart for refusing to dispense the 'morning after pill' may proceed with her suit. The judge ruled that the Ohio law that allows conscientious objection to abortion also applies to pharmacists who refuse to dispense the 'morning after pill'. The contra-implantation effect of the pill was acknowledged to be of fundamental importance in determining the application of the law. (See ACLJ news release)

8 January, 2001
Canadian Pharmaceutical Journal suggests possibility of compromise

In its first editorial of the new year, the Canadian Pharmaceutical Journal appears to be taking a second and more considered look at the possibility of accommodating conscientious objection within the profession. Editor Andrew Reinboldt correctly identifies referral (or "pre-arranged access") as a key issue in the controversy. Most promising is his suggestion that regulatory authorities "may have to be more flexible and creative" on this point, especially in larger centres, where the drug is widely available. He also questions the claim that conscientious objection can't be allowed in 'one pharmacist' communities. (See the Project response to the editorial.)